AB351-SSA1,119,236
969.01
(4) Considerations in setting conditions of release. If bail is imposed,
7it shall be only in the amount found necessary to assure the appearance of the
8defendant. Conditions of release, other than monetary conditions, may be imposed
9for the purpose of protecting members of the community from serious bodily harm
10or preventing intimidation of witnesses. Proper considerations in determining
11whether to release the defendant without bail, fixing a reasonable amount of bail or
12imposing other reasonable conditions of release are: the ability of the arrested person
13to give bail, the nature, number and gravity of the offenses and the potential penalty
14the defendant faces, whether the alleged acts were violent in nature, the defendant's
15prior record of criminal convictions and delinquency adjudications, if any, the
16character, health, residence and reputation of the defendant, the character and
17strength of the evidence which has been presented to the judge, whether the
18defendant is currently on probation
, extended supervision or parole, whether the
19defendant is already on bail or subject to other release conditions in other pending
20cases, whether the defendant has been bound over for trial after a preliminary
21examination, whether the defendant has in the past forfeited bail or violated a
22condition of release or was a fugitive from justice at the time of arrest, and the policy
23against unnecessary detention of the defendant's pending trial.
AB351-SSA1,120,10
1971.11
(1) Whenever the warden or superintendent receives notice of an
2untried criminal case pending in this state against an inmate of a state prison, the
3warden or superintendent shall, at the request of the inmate, send by certified mail
4a written request to the district attorney for prompt disposition of the case. The
5request shall state the sentence then being served, the date of parole eligibility, if
6applicable,
or the date of release to extended supervision, the approximate discharge
7or conditional release date, and prior decision relating to parole. If there has been
8no preliminary examination on the pending case, the request shall state whether the
9inmate waives such examination, and, if so, shall be accompanied by a written
10waiver signed by the inmate.
AB351-SSA1,120,1212
972.13
(6) The following forms may be used for judgments:
AB351-SSA1,120,1313
STATE OF WISCONSIN
AB351-SSA1,120,1616
The State of Wisconsin
AB351-SSA1,120,1818
....(Name of defendant)
AB351-SSA1,120,1919
UPON ALL THE FILES, RECORDS AND PROCEEDINGS,
AB351-SSA1,120,2520
IT IS ADJUDGED That the defendant has been convicted upon the defendant's
21plea of guilty (not guilty and a verdict of guilty) (not guilty and a finding of guilty)
22(no contest) on the.... day of...., 19.., of the crime of.... in violation of s.....; and the court
23having asked the defendant whether the defendant has anything to state why
24sentence should not be pronounced, and no sufficient grounds to the contrary being
25shown or appearing to the court.
AB351-SSA1,121,1
1*IT IS ADJUDGED That the defendant is guilty as convicted.
AB351-SSA1,121,32
*IT IS ADJUDGED That the defendant is hereby committed to the Wisconsin
3state prisons (county jail of.... county) for an indeterminate term of not more than.....
AB351-SSA1,121,6
4*IT IS ADJUDGED That the defendant is ordered to serve a bifurcated
5sentence consisting of .... year(s) of confinement in prison and .... months/years of
6extended supervision.
AB351-SSA1,121,97
*IT IS ADJUDGED That the defendant is placed in the intensive sanctions
8program subject to the limitations of section 973.032 (3) of the Wisconsin Statutes
9and the following conditions:....
AB351-SSA1,121,1210
*IT IS ADJUDGED That the defendant is hereby committed to detention in
11(the defendant's place of residence or place designated by judge) for a term of not
12more than....
AB351-SSA1,121,1413
*IT IS ADJUDGED That the defendant is ordered to pay a fine of $.... (and the
14costs of this action).
AB351-SSA1,121,1515
*IT IS ADJUDGED That the defendant pay restitution to....
AB351-SSA1,121,1716
*IT IS ADJUDGED That the defendant is restricted in his or her use of
17computers as follows:....
AB351-SSA1,121,1918
*The.... at.... is designated as the Reception Center to which the defendant shall
19be delivered by the sheriff.
AB351-SSA1,121,2120
*IT IS ORDERED That the clerk deliver a duplicate original of this judgment
21to the sheriff who shall forthwith execute the same and deliver it to the warden.
AB351-SSA1,121,2222
Dated this.... day of...., 19...
AB351-SSA1,121,2323
BY THE COURT....
AB351-SSA1,121,2424
Date of Offense....,
AB351-SSA1,121,2525
District Attorney....,
AB351-SSA1,122,1
1Defense Attorney....
AB351-SSA1,122,22
*Strike inapplicable paragraphs.
AB351-SSA1,122,33
STATE OF WISCONSIN
AB351-SSA1,122,66
The State of Wisconsin
AB351-SSA1,122,88
....(Name of defendant)
AB351-SSA1,122,109
On the.... day of...., 19.., the district attorney appeared for the state and the
10defendant appeared in person and by.... the defendant's attorney.
AB351-SSA1,122,1111
UPON ALL THE FILES, RECORDS AND PROCEEDINGS
AB351-SSA1,122,1312
IT IS ADJUDGED That the defendant has been found not guilty by the verdict
13of the jury (by the court) and is therefore ordered discharged forthwith.
AB351-SSA1,122,1414
Dated this.... day of...., 19...
AB351-SSA1,122,1515
BY THE COURT....
AB351-SSA1,122,2117
972.15
(2c) If the defendant is being sentenced under s. 973.01 and he or she
18satisfies the criteria under s. 302.045 (2) (b) and (c), the person preparing the
19presentence investigation report shall include in the report a recommendation as to
20whether the defendant should be eligible for the challenge incarceration program
21under s. 302.045.
AB351-SSA1,123,623
972.15
(5) (intro.) The department may use the presentence investigation
24report for correctional programming, parole consideration or care and treatment of
25any person sentenced to imprisonment or the intensive sanctions program, placed
1on probation, released on parole
or extended supervision or committed to the
2department under ch. 51 or 971 or any other person in the custody of the department
3or for research purposes. The department may make the report available to other
4agencies or persons to use for purposes related to correctional programming, parole
5consideration, care and treatment, or research. Any use of the report under this
6subsection is subject to the following conditions:
AB351-SSA1,123,13
8973.01 Bifurcated sentence of imprisonment and extended
9supervision. (1) Bifurcated sentence required. Except as provided in sub. (3),
10whenever a court sentences a person to imprisonment in the Wisconsin state prisons
11for a felony committed on or after December 31, 1999, the court shall impose a
12bifurcated sentence that consists of a term of confinement in prison followed by a
13term of extended supervision under s. 302.113.
AB351-SSA1,123,15
14(2) Structure of bifurcated sentences. The court shall ensure that a
15bifurcated sentence imposed under sub. (1) complies with all of the following:
AB351-SSA1,123,1816
(a)
Total length of bifurcated sentence. Except as provided in par. (c), the total
17length of the bifurcated sentence may not exceed the maximum period of
18imprisonment for the felony.
AB351-SSA1,123,2219
(b)
Imprisonment portion of bifurcated sentence. The portion of the bifurcated
20sentence that imposes a term of confinement in prison may not be less than one year,
21subject to any minimum sentence prescribed for the felony, and, except as provided
22in par. (c), may not exceed whichever of the following is applicable:
AB351-SSA1,123,2423
1. For a Class B felony, the term of confinement in prison may not exceed 40
24years.
AB351-SSA1,124,2
12. For a Class BC felony, the term of confinement in prison may not exceed 20
2years.
AB351-SSA1,124,43
3. For a Class C felony, the term of confinement in prison may not exceed 10
4years.
AB351-SSA1,124,65
4. For a Class D felony, the term of confinement in prison may not exceed 5
6years.
AB351-SSA1,124,87
5. For a Class E felony, the term of confinement in prison may not exceed 2
8years.
AB351-SSA1,124,119
6. For any felony other than a felony specified in subds. 1. to 5., the term of
10confinement in prison may not exceed 75% of the total length of the bifurcated
11sentence.
AB351-SSA1,124,1612
(c)
Penalty enhancement. The maximum term of confinement in prison
13specified in par. (b) may be increased by any applicable penalty enhancement. If the
14maximum term of confinement in prison specified in par. (b) is increased under this
15paragraph, the total length of the bifurcated sentence that may be imposed is
16increased by the same amount.
AB351-SSA1,124,1917
(d)
Minimum term of extended supervision. The term of extended supervision
18that follows the term of confinement in prison may not be less than 25% of the length
19of the term of confinement in prison imposed under par. (b).
AB351-SSA1,124,22
20(3) Not applicable to life sentences. If a person is being sentenced for a felony
21that is punishable by life imprisonment, he or she is not subject to this section but
22shall be sentenced under s. 973.014 (1g).
AB351-SSA1,125,4
23(3m) Challenge incarceration program eligibility. When imposing a
24bifurcated sentence under this section on a person convicted of a crime other than
25a crime specified in ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.055, 948.06,
1948.07, 948.08 or 948.095, the court shall, as part of the exercise of its sentencing
2discretion, decide whether the person being sentenced is eligible or ineligible for the
3challenge incarceration program under s. 302.045 during the term of confinement in
4prison portion of the bifurcated sentence.
AB351-SSA1,125,9
5(4) No good time; extension or reduction of term of imprisonment. A person
6sentenced to a bifurcated sentence under sub. (1) shall serve the term of confinement
7in prison portion of the sentence without reduction for good behavior. The term of
8confinement in prison portion is subject to extension under s. 302.113 (3) and, if
9applicable, to reduction under s. 302.045 (3m).
AB351-SSA1,125,12
10(5) extended supervision conditions. Whenever the court imposes a
11bifurcated sentence under sub. (1), the court may impose conditions upon the term
12of extended supervision.
AB351-SSA1,125,14
13(6) No parole. A person serving a bifurcated sentence imposed under sub. (1)
14is not eligible for release on parole.
AB351-SSA1,125,17
15(7) No discharge. The department of corrections may not discharge a person
16who is serving a bifurcated sentence from custody, control and supervision until the
17person has served the entire bifurcated sentence.
AB351-SSA1,125,20
18(8) Explanation of sentence. (a) When a court imposes a bifurcated sentence
19under this section, it shall explain, orally and in writing, all of the following to the
20person being sentenced:
AB351-SSA1,125,2121
1. The total length of the bifurcated sentence.
AB351-SSA1,125,2322
2. The amount of time the person will serve in prison under the term of
23confinement in prison portion of the sentence.
AB351-SSA1,126,3
13. The amount of time the person will spend on extended supervision, assuming
2that the person does not commit any act that results in the extension of the term of
3confinement in prison under s. 302.113 (3).
AB351-SSA1,126,64
4. That the amount of time the person must actually serve in prison may be
5extended as provided under s. 302.113 (3) and that because of extensions under s.
6302.113 (3) the person could serve the entire bifurcated sentence in prison.
AB351-SSA1,126,97
5. That the person will be subject to certain conditions while on release to
8extended supervision, and that violation of any of those conditions may result in the
9person being returned to prison, as provided under s. 302.113 (9).
AB351-SSA1,126,1210
(am) If the court provides under sub. (3m) that the person is eligible for the
11challenge incarceration program, the court shall also inform the person of the
12provisions of s. 302.045 (3m).
AB351-SSA1,126,1513
(b) The court's explanation under par. (a) 3. of a person's potential period of
14extended supervision does not create a right to a minimum period of extended
15supervision.
AB351-SSA1,126,2417
973.013
(1) (b)
The Except as provided in s. 973.01, the sentence shall have the
18effect of a sentence at hard labor for the maximum term fixed by the court, subject
19to the power of actual release from confinement by parole by the department or by
20pardon as provided by law. If a person is sentenced for a definite time for an offense
21for which the person may be sentenced under this section, the person is in legal effect
22sentenced as required by this section, said definite time being the maximum period.
23A defendant convicted of a crime for which the minimum penalty is life shall be
24sentenced for life.
AB351-SSA1,127,9
1973.013
(2) Upon the recommendation of the department, the governor may,
2without the procedure required by ch. 304, discharge absolutely, or upon such
3conditions and restrictions and under such limitation as the governor thinks proper,
4any inmate committed to the Wisconsin state prisons after he or she has served the
5minimum term of punishment prescribed by law for the offense for which he or she
6was sentenced, except that if the term was life imprisonment, 5 years must elapse
7after
release on parole
or extended supervision before such a recommendation can
8be made to the governor. The discharge has the effect of an absolute or conditional
9pardon, respectively.
AB351-SSA1, s. 422
10Section
422. 973.0135 (2) (intro.) of the statutes is amended to read:
AB351-SSA1,127,1511
973.0135
(2) (intro.) Except as provided in sub. (3), when a court sentences a
12prior offender to imprisonment in a state prison for a serious felony committed on or
13after April 21, 1994,
but before December 31, 1999, the court shall make a parole
14eligibility determination regarding the person and choose one of the following
15options:
AB351-SSA1,127,18
17973.014 (title)
Sentence of life imprisonment; parole eligibility
18determination; extended supervision eligibility determination.
AB351-SSA1, s. 424
19Section
424. 973.014 (1) (intro.) of the statutes is amended to read:
AB351-SSA1,127,2320
973.014
(1) (intro.) Except as provided in sub. (2), when a court sentences a
21person to life imprisonment for a crime committed on or after July 1, 1988,
but before
22December 31, 1999, the court shall make a parole eligibility determination regarding
23the person and choose one of the following options:
AB351-SSA1,128,3
1973.014
(1) (c) The person is not eligible for parole. This paragraph applies only
2if the court sentences a person for a crime committed on or after August 31, 1995
, but
3before December 31, 1999.
AB351-SSA1,128,85
973.014
(1g) (a) Except as provided in sub. (2), when a court sentences a person
6to life imprisonment for a crime committed on or after December 31, 1999, the court
7shall make an extended supervision eligibility date determination regarding the
8person and choose one of the following options:
AB351-SSA1,128,109
1. The person is eligible for release to extended supervision after serving 20
10years.
AB351-SSA1,128,1411
2. The person is eligible for release to extended supervision on a date set by the
12court. Under this subdivision, the court may set any later date than that provided
13in subd. 1., but may not set a date that occurs before the earliest possible date under
14subd. 1.
AB351-SSA1,128,1515
3. The person is not eligible for release to extended supervision.