AB351-SSA1,134,622
976.03
(22) Fugitives from this state, duty of governor. Whenever the
23governor of this state shall demand a person charged with crime or with escaping
24from confinement or breaking the terms of his or her bail, probation
, extended
25supervision or parole in this state from the executive authority of any other state, or
1from the chief justice or an associate justice of the district court of the United States
2for the District of Columbia authorized to receive such demand under the laws of the
3United States, the governor shall issue a warrant under the seal of this state, to some
4agent, commanding the agent to receive the person so charged if delivered to the
5agent and convey the person to the proper officer of the county in this state in which
6the offense was committed.
AB351-SSA1,134,188
976.03
(23) (b) When the return to this state is required of a person who has
9been convicted of a crime in this state and has escaped from confinement or broken
10the terms of his or her bail, probation
, extended supervision or parole, the
11prosecuting attorney of the county in which the offense was committed, the secretary
12of corrections, or the warden of the institution or sheriff of the county from which
13escape was made, shall present to the governor a written application for a requisition
14for the return of the person, in which application shall be stated the name of the
15person, the crime of which the person was convicted, the circumstances of escape
16from confinement or of the breach of the terms of bail, probation
, extended
17supervision or parole, and the state in which the person is believed to be, including
18the location of the person therein at the time application is made.
AB351-SSA1,135,420
976.03
(27) (a) Any person arrested in this state charged with having
21committed any crime in another state or alleged to have escaped from confinement,
22or broken the terms of his or her bail, probation
, extended supervision or parole may
23waive the issuance and service of the warrant provided for in subs. (7) and (8) and
24all other procedure incidental to extradition proceedings, by executing or subscribing
25in the presence of a judge of any court of record within this state a writing which
1states that the person consents to return to the demanding state; however, before
2such waiver shall be executed or subscribed by such person the judge shall inform
3such person of the person's rights to the issuance and service of a warrant of
4extradition and to commence an action for habeas corpus as provided in sub. (10).
AB351-SSA1,135,226
976.05
(3) (a) Whenever a person has entered upon a term of imprisonment in
7a penal or correctional institution of a party state, and whenever during the
8continuance of the term of imprisonment there is pending in any other party state
9any untried indictment, information or complaint on the basis of which a detainer
10has been lodged against the prisoner, the prisoner shall be brought to trial within 180
11days after the prisoner has caused to be delivered to the prosecuting officer and the
12appropriate court of the prosecuting officer's jurisdiction written notice of the place
13of his or her imprisonment and his or her request for a final disposition to be made
14of the indictment, information or complaint, but for good cause shown in open court,
15the prisoner or the prisoner's counsel being present, the court having jurisdiction of
16the matter may grant any necessary or reasonable continuance. The request of the
17prisoner shall be accompanied by a certificate of the appropriate official having
18custody of the prisoner, stating the term of commitment under which the prisoner is
19being held, the time already served, the time remaining to be served on the sentence,
20the amount of good time earned, the time of parole eligibility
or date of release to
21extended supervision of the prisoner and any decisions of the department relating
22to the prisoner.
AB351-SSA1,136,824
976.05
(4) (b) Upon receipt of the officer's written request under par. (a), the
25appropriate authorities having the prisoner in custody shall furnish the officer with
1a certificate stating the term of commitment under which the prisoner is being held,
2the time already served, the time remaining to be served on the sentence, the amount
3of good time earned, the time of parole eligibility
or date of release to extended
4supervision of the prisoner, and any decisions of the state parole agency relating to
5the prisoner. Said authorities simultaneously shall furnish all other officers and
6appropriate courts in the receiving state who lodged detainers against the prisoner
7with similar certificates and with notices informing them of the request for custody
8or availability and of the reasons therefor.
AB351-SSA1, s. 445
9Section
445. 977.05 (6) (h) (intro.) of the statutes is amended to read:
AB351-SSA1,136,1210
977.05
(6) (h) (intro.) The state public defender may not provide legal services
11or assign counsel in parole
or extended supervision revocation proceedings unless all
12of the following apply:
AB351-SSA1,136,1514
977.05
(6) (h) 1. The parolee
or person on extended supervision is contesting
15the revocation of parole
or extended supervision.
AB351-SSA1,136,1917
977.05
(6) (h) 2. The department of corrections seeks to have the parolee
or
18person on extended supervision imprisoned upon the revocation of parole
or
19extended supervision.
AB351-SSA1,136,2421
977.06
(2) (b) A person who makes a false representation that he or she does
22not believe is true for purposes of qualifying for assignment of counsel shall be fined
23not more than $10,000 or imprisoned for not more than
5 7 years
and 6 months or
24both.
AB351-SSA1,137,7
1978.07
(1) (c) 1. Any case record of a felony punishable by life imprisonment
2or a related case, after the defendant's parole eligibility date under s. 304.06 (1) or
3973.014
(1) or date of eligibility for release to extended supervision under s. 973.014
4(1g) (a) 1. or 2., whichever is applicable, or 50 years after the commencement of the
5action, whichever occurs later. If there is no parole eligibility date
or no date for
6release to extended supervision, the district attorney may destroy the case record
7after the defendant's death.
AB351-SSA1,137,119
980.015
(2) (a) The anticipated discharge from a sentence, anticipated release
10on parole
or extended supervision or anticipated release from imprisonment of a
11person who has been convicted of a sexually violent offense.
AB351-SSA1,137,1713
980.02
(1) (b) 2. The county in which the person will reside or be placed upon
14his or her discharge from a sentence, release on parole
or extended supervision,
15release from imprisonment, from a secured correctional facility, as defined in s.
16938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or
17from a commitment order.
AB351-SSA1, s. 452
18Section
452. 980.02 (2) (ag) of the statutes, as affected by 1997 Wisconsin Act
19.... (Assembly Bill 410), is amended to read:
AB351-SSA1,138,220
980.02
(2) (ag) The person is within 90 days of discharge or release, on parole
,
21extended supervision or otherwise, from a sentence that was imposed for a conviction
22for a sexually violent offense, from a secured correctional facility, as defined in s.
23938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), if the
24person was placed in the facility for being adjudicated delinquent under s. 938.183
1or 938.34 on the basis of a sexually violent offense or from a commitment order that
2was entered as a result of a sexually violent offense.
AB351-SSA1,138,84
980.02
(4) (am) The circuit court for the county in which the person will reside
5or be placed upon his or her discharge from a sentence, release on parole
or extended
6supervision, release from imprisonment, from a secured correctional facility, as
7defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02
8(15g), or from a commitment order.
AB351-SSA1,138,1010
(1)
Criminal penalties study committee.
AB351-SSA1,138,1111
(a) In this subsection, "criminal code" means chapters 939 to 951 of the statutes.
AB351-SSA1,138,1312
(b) There is established a committee under section 15.01 (3) of the statutes
13called the criminal penalties study committee consisting of the following members:
AB351-SSA1,138,14
141. Two judges appointed by the supreme court.
AB351-SSA1,138,15
152. The majority leader in each house, or his or her designee.
AB351-SSA1,138,16
163. The minority leader in each house, or his or her designee.
AB351-SSA1,138,18
174. One faculty member from the law school of the University of
18Wisconsin-Madison appointed by the governor.
AB351-SSA1,138,20
195. One faculty member from the law school of Marquette University appointed
20by the governor.
AB351-SSA1,138,21
216. The attorney general or his or her designee.
AB351-SSA1,138,22
227. One current district attorney appointed by the attorney general.
AB351-SSA1,138,23
238. The state public defender or his or her designee.
AB351-SSA1,138,24
249. One representative of crime victims appointed by the attorney general.
AB351-SSA1,139,2
110. One member of the criminal law section of the state bar appointed by the
2governor.
AB351-SSA1,139,4
311. One representative of law enforcement agencies appointed by the
4governor.
AB351-SSA1,139,5
512. Three public members appointed by the governor.
AB351-SSA1,139,6
613. The secretary of corrections or his or her designee.
AB351-SSA1,139,87
(c) The governor shall appoint one member of the committee to be chairperson
8and one member of the committee to be reporter for the committee.
AB351-SSA1,139,109
(d) The department of administration shall provide staff services to the
10committee.
AB351-SSA1,139,1411
(e) The committee shall study the classification of criminal offenses in the
12criminal code, the penalties for all felonies and Class A misdemeanors and issues
13relating to the implementation of the changes in sentencing made by this act. In
14addition, the committee shall make recommendations concerning all of the following:
AB351-SSA1,139,16
151. Creating a uniform classification system for all felonies, including felonies
16outside of the criminal code.
AB351-SSA1,139,18
172. Classifying each felony and Class A misdemeanor in a manner that places
18crimes of similar severity into the same classification.
AB351-SSA1,139,19
193. Consolidating all felonies into a single criminal code.
AB351-SSA1,139,22
204. The creation of a sentencing commission to promulgate advisory sentencing
21guidelines for use by judges when imposing sentence under section 973.01 of the
22statutes, as created by this act.
AB351-SSA1,140,2
235. Temporary advisory sentencing guidelines for use by judges when imposing
24sentence under section 973.01 of the statutes, as created by this act, during the
1period before the promulgation of advisory sentencing guidelines by a sentencing
2commission.
AB351-SSA1,140,6
36. Changing the administrative rules of the department of corrections to
4ensure that a person who violates a condition of extended supervision imposed as
5part of a sentence under section 973.01 of the statutes, as created by this act, is
6returned to prison promptly and for an appropriate period of time.
AB351-SSA1,140,117
(f) No later than March 1, 1999, the committee shall submit a report of its
8findings and recommendations to the legislature in the manner provided under
9section 13.172 (2) of the statutes and to the governor. The report shall include any
10proposed legislation that is necessary to implement the recommendations made by
11the committee in its report.
AB351-SSA1,140,1612
(2)
Attorney project position. The authorized FTE positions for the
13department of administration are increased by 1.0 GPR attorney project position, to
14be funded from the appropriation under section 20.505 (3) (c) of the statutes, for the
15purpose of providing legal services to the criminal penalties study committee
16established under subsection (1), for the period ending on March 1, 1999.
AB351-SSA1,141,1918
(1)
Increase in felony penalties. The treatment of sections 11.61 (1) (a) and
19(b), 12.60 (1) (a), 13.05, 13.06, 13.69 (6m), 23.33 (13) (cg), 26.14 (8), 29.99 (1) (c), (1m)
20(c), (11m) (a) and (11p) (a), 30.80 (2g) (b), (c) and (d) and (3m), 36.25 (6) (d), 47.03 (3)
21(d), 49.127 (8) (a) 2., (b) 2. and (c), 49.141 (7) (a) and (b), (9) (a) and (b) and (10) (b),
2249.49 (1) (b) 1., (2) (a) and (b), (3), (3m) (b) and (4) (b), 49.95 (1), 51.15 (12), 55.06 (11)
23(am), 66.4025 (1) (b) and (c), 69.24 (1) (intro.), 70.47 (18) (a), 71.83 (2) (b), 86.192 (4),
2497.43 (4), 97.45 (2), 100.171 (7) (b), 100.26 (2), (5) and (7), 101.143 (10) (b), 101.94 (8)
25(b), 102.835 (11) and (18), 102.85 (3), 108.225 (11) and (18), 114.20 (18) (c), 125.075
1(2), 125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12) (b) and (c), 132.20 (2),
2133.03 (1) and (2), 134.05 (4), 134.16, 134.20 (1) (intro.), 134.205 (4), 134.58, 139.44
3(1), (1m), (2) and (8) (c), 139.95 (2) and (3), 146.345 (3), 146.35 (5), 146.60 (9) (am),
4146.70 (10) (a), 154.15 (2), 154.29 (2), 166.20 (11) (b) 1. and 2., 167.10 (9) (g), 175.20
5(3), 180.0129 (2), 181.0129 (2), 185.825, 200.09 (2), 214.93, 215.02 (6) (b), 215.12,
6215.21 (21), 218.21 (7), 220.06 (2), 221.0625 (2) (intro.), 221.0636 (2), 221.0637 (2),
7221.1004 (2), 253.06 (4) (b), 285.87 (2) (b), 291.97 (2) (b) (intro.) and (c), 299.53 (4) (c)
82., 302.095 (2), 341.605 (3), 342.06 (2), 342.065 (4) (b), 342.155 (4) (b), 342.156 (6) (b),
9342.30 (3) (a), 342.32 (3), 344.48 (2), 346.17 (3) (a), (b), (c) and (d), 346.65 (5), 346.74
10(5) (b), (c) and (d), 350.11 (2m), 446.07, 447.09, 450.11 (9) (b), 450.14 (5), 450.15 (2),
11551.58 (1), 552.19 (1), 553.52 (1) and (2), 562.13 (3) and (4), 565.50 (2) and (3), 601.64
12(4), 641.19 (4) (a) and (b), 765.30 (1) (intro.) and (2) (intro.), 768.07, 783.07, 939.50
13(3) (b), (bc), (c), (d) and (e), 946.85 (1), 961.41 (1) (a), (b), (cm) 1., 2., 3., 4. and 5., (d)
141., 2., 3., 4., 5. and 6., (e) 1., 2., 3., 4., 5. and 6., (f) 1., 2. and 3., (g) 1., 2. and 3., (h) 1.,
152. and 3., (i) and (j), (1m) (a), (b), (cm) 1., 2., 3., 4. and 5., (d) 1., 2., 3., 4., 5. and 6., (e)
161., 2., 3., 4., 5. and 6., (f) 1., 2. and 3., (g) 1., 2. and 3., (h) 1., 2. and 3., (i) and (j), (1n)
17(c), (2) (a), (b), (c) and (d), (3g) (a) 1. and 2. and (4) (am) 3., 961.42 (2), 961.43 (2),
18961.455 (1), 968.31 (1) (intro.), 968.34 (3), 968.43 (3) and 977.06 (2) (b) of the statutes
19applies to offenses committed on or after the effective date of this subsection.
AB351-SSA1, s. 456
20Section
456.
Effective dates. This act takes effect on the day after
21publication, except as follows:
AB351-SSA1,142,23
22(1) Increase in felony penalties. The treatment of sections 11.61 (1) (a) and
23(b), 12.60 (1) (a), 13.05, 13.06, 13.69 (6m), 23.33 (13) (cg), 26.14 (8), 29.99 (1) (c), (1m)
24(c), (11m) (a) and (11p) (a), 30.80 (2g) (b), (c) and (d) and (3m), 36.25 (6) (d), 47.03 (3)
25(d), 49.127 (8) (a) 2., (b) 2. and (c), 49.141 (7) (a) and (b), (9) (a) and (b) and (10) (b),
149.49 (1) (b) 1., (2) (a) and (b), (3), (3m) (b) and (4) (b), 49.95 (1), 51.15 (12), 55.06 (11)
2(am), 66.4025 (1) (b) and (c), 69.24 (1) (intro.), 70.47 (18) (a), 71.83 (2) (b), 86.192 (4),
397.43 (4), 97.45 (2), 100.17 (7) (b), 100.26 (2), (5) and (7), 101.143 (10) (b), 101.94 (8)
4(b), 102.835 (11) and (18), 102.85 (3), 108.225 (11) and (18), 114.20 (18) (c), 125.075
5(2), 125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12) (b) and (c), 132.20 (2),
6133.03 (1) and (2), 134.05 (4), 134.16, 134.20 (1) (intro.), 134.205 (4), 134.58, 139.44
7(1), (1m), (2) and (8) (c), 139.95 (2) and (3), 146.345 (3), 146.35 (5), 146.60 (9) (am),
8146.70 (10) (a), 154.15 (2), 154.29 (2), 166.20 (11) (b) 1. and 2., 167.10 (9) (g), 175.20
9(3), 180.0129 (2), 181.0129 (2), 185.825, 200.09 (2), 214.93, 215.02 (6) (b), 215.12,
10215.21 (21), 218.21 (7), 220.06 (2), 221.0625 (2) (intro.), 221.0636 (2), 221.0637 (2),
11221.1004 (2), 253.06 (4) (b), 285.87 (2) (b), 291.97 (2) (b) (intro.) and (c), 299.53 (4) (c)
122., 302.095 (2), 341.605 (3), 342.06 (2), 342.065 (4) (b), 342.155 (4) (b), 342.156 (6) (b),
13342.30 (3) (a), 342.32 (3), 344.48 (2), 346.17 (3) (a), (b), (c) and (d), 346.65 (5), 346.74
14(5) (b), (c) and (d), 350.11 (2m), 446.07, 447.09, 450.11 (9) (b), 450.14 (5), 450.15 (2),
15551.58 (1), 552.19 (1), 553.52 (1) and (2), 562.13 (3) and (4), 565.50 (2) and (3), 601.64
16(4), 641.19 (4) (a) and (b), 765.30 (1) (intro.) and (2) (intro.), 768.07, 783.07, 939.50
17(3) (b), (bc), (c), (d) and (e), 946.85 (1), 961.41 (1) (a), (b), (cm) 1., 2., 3., 4. and 5., (d)
181., 2., 3., 4., 5. and 6., (e) 1., 2., 3., 4., 5. and 6., (f) 1., 2. and 3., (g) 1., 2. and 3., (h) 1.,
192. and 3., (i) and (j), (1m) (a), (b), (cm) 1., 2., 3., 4. and 5., (d) 1., 2., 3., 4., 5. and 6., (e)
201., 2., 3., 4., 5. and 6., (f) 1., 2. and 3., (g) 1., 2. and 3., (h) 1., 2. and 3., (i) and (j), (1n)
21(c), (2) (a), (b), (c) and (d), (3g) (a) 1. and 2. and (4) (am) 3., 961.42 (2), 961.43 (2),
22961.455 (1), 968.31 (1) (intro.), 968.34 (3), 968.43 (3) and 977.06 (2) (b) of the statutes
23and
Section 455 (1) of this act take effect on December 31, 1999.
AB351-SSA1,143,2
1(2)
Miscellaneous provisions. The repeal and recreation of sections 302.11 (1)
2and 304.06 (1) (b) of the statutes takes effect on September 1, 1998.