AB100: Bill Text

AB100, s. 5427 Section 5427. 971.14 (5) (am) of the statutes is amended to read:

AB100,1999,20 971.14 (5) (am) If the defendant is not subject to a court order determining the defendant to be not competent to refuse medication or treatment for the defendant's mental condition and if the treatment facility determines that the defendant should be subject to such a court order, the treatment facility may file with the court with notice to the counsel for the defendant, the defendant and the district attorney, a motion for a hearing, under the standard specified in sub. (3) (dm), on whether the defendant is not competent to refuse medication or treatment. A report on which the motion is based shall accompany the motion and notice of motion and shall include a statement signed by a licensed physician that asserts that the defendant needs medication or treatment and that the defendant is not competent to refuse medication or treatment, based on an examination of the defendant by a licensed physician. Within 10 days after a motion is filed under this paragraph, the court shall, under the procedures and standards specified in sub. (4) (b), determine the defendant's competency to refuse medication or treatment for the defendant's mental condition. At the request of the defendant, the defendant's counsel or the district attorney, the hearing may be postponed, but in no case may the postponed hearing be held more than 20 days after a motion is filed under this paragraph. If the court determines at a hearing under this paragraph that the defendant is not competent to refuse medication or treatment, the court shall issue an order that the defendant is not competent to refuse medication or treatment for the defendant's mental condition and that medication or treatment for the defendant's mental condition may be administered to the defendant regardless of his or her consent under the conditions specified in s. 51.61 (1) (g) 3r.

AB100, s. 5428 Section 5428. 971.16 (3) of the statutes is amended to read:

AB100,2000,12 971.16 (3) Not less than 10 days before trial, or at any other time that the court directs, any physician or psychologist appointed under sub. (2) shall file a report of his or her examination of the defendant with the judge, who shall cause copies to be transmitted to the district attorney and to counsel for the defendant. The contents of the report shall be confidential until the physician or psychologist has testified or at the completion of the trial. The report shall contain an opinion regarding the ability of the defendant to appreciate the wrongfulness of the defendant's conduct or to conform the defendant's conduct with the requirements of law at the time of the commission of the criminal offense charged and, if sufficient information is available to the physician or psychologist to reach an opinion, his or her opinion on whether the defendant needs medication or treatment and whether the defendant is not competent to refuse medication or treatment. The defendant is not competent to refuse medication or treatment if, because of mental illness, developmental disability, alcoholism or drug dependence, and after the advantages and disadvantages of and alternatives to accepting the particular medication or treatment have been explained to the defendant, one of the following is true:

AB100, s. 5429 Section 5429. 971.16 (5) of the statutes is amended to read:

AB100,2001,6 971.16 (5) If a physician, psychologist or other expert who has examined the defendant testifies concerning the defendant's mental condition, he or she shall be permitted to make a statement as to the nature of his or her examination, his or her diagnosis of the mental condition of the defendant at the time of the commission of the offense charged, his or her opinion as to the ability of the defendant to appreciate the wrongfulness of the defendant's conduct or to conform to the requirements of law and, if sufficient information is available to the physician, psychologist or expert to reach an opinion, his or her opinion on whether the defendant needs medication or treatment and whether the defendant is not competent to refuse medication or treatment for the defendant's mental condition. Testimony concerning the defendant's need for medication or treatment and competence to refuse medication or treatment may not be presented before the jury that is determining the ability of the defendant to appreciate the wrongfulness of his or her conduct or to conform his or her conduct with the requirements of law at the time of the commission of the criminal offense charged. The physician, psychologist or other expert shall be permitted to make an explanation reasonably serving to clarify his or her diagnosis and opinion and may be cross-examined as to any matter bearing on his or her competency or credibility or the validity of his or her diagnosis or opinion.

AB100, s. 5430 Section 5430. 971.17 (3) (b) of the statutes is amended to read:

AB100,2001,16 971.17 (3) (b) If the state proves by clear and convincing evidence that the person is not competent to refuse medication or treatment for the person's mental condition, under the standard specified in s. 971.16 (3), the court shall issue, as part of the commitment order, an order that the person is not competent to refuse medication or treatment for the person's mental condition and that whoever administers the medication or treatment to the person shall observe appropriate medical standards medication or treatment for the person's mental condition may be administered to the person regardless of his or her consent under the conditions specified in s. 51.61 (1) (g) 3r.

AB100, s. 5431 Section 5431. 971.17 (3) (c) of the statutes is amended to read:

AB100,2002,23 971.17 (3) (c) If the court order specifies institutional care, the department of health and family services shall place the person in an institution under s. 51.37 (3) that the department considers appropriate in light of the rehabilitative services required by the person and the protection of public safety. If the person is not subject to a court order determining the person to be not competent to refuse medication or treatment for the person's mental condition and if the institution in which the person is placed determines that the person should be subject to such a court order, the institution may file with the court, with notice to the person and his or her counsel and the district attorney, a motion for a hearing, under the standard specified in s. 971.16 (3), on whether the person is not competent to refuse medication or treatment. A report on which the motion is based shall accompany the motion and notice of motion and shall include a statement signed by a licensed physician that asserts that the person needs medication or treatment and that the person is not competent to refuse medication or treatment, based on an examination of the person by a licensed physician. Within 10 days after a motion is filed under this paragraph, the court shall determine the person's competency to refuse medication or treatment for the person's mental condition. At the request of the person, his or her counsel or the district attorney, the hearing may be postponed, but in no case may the postponed hearing be held more than 20 days after a motion is filed under this paragraph. If the district attorney, the person and his or her counsel waive their respective opportunities to present other evidence on the issue, the court shall determine the person's competency to refuse medication or treatment on the basis of the report accompanying the motion. In the absence of these waivers, the court shall hold an evidentiary hearing on the issue. If the state proves by evidence that is clear and convincing that the person is not competent to refuse medication or treatment, under the standard specified in s. 971.16 (3), the court shall order that the person is not competent to refuse medication or treatment for the person's mental condition and that whoever administers the medication or treatment to the person shall observe appropriate medical standards medication or treatment for the person's mental condition may be administered to the person regardless of his or her consent under the conditions specified in s. 51.61 (1) (g) 3r.

AB100, s. 5432 Section 5432. 971.17 (6m) (d) of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

AB100,2003,12 971.17 (6m) (d) The department of health and family services shall design and prepare cards for persons specified in par. (b) 1. to send to the department. The cards shall have space for these persons to provide their names and addresses, the name of the applicable defendant and any other information the department determines is necessary. The department shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in par. (b) 1. These persons may send completed cards to the department. All departmental records or portions of records that relate to mailing addresses of these persons are not subject to inspection or copying under s. 19.35 (1), except as needed to comply with a request under sub. (4m) (d) or s. 301.46 (3) (d) and except that the department shall provide information from records kept under this paragraph in response to a request for information made under s. 49.22 (2m).

AB100, s. 5433 Section 5433. 972.13 (6) of the statutes is amended to read:

AB100,2003,14 972.13 (6) The following forms may be used for judgments:

AB100,2003,15 STATE OF WISCONSIN

AB100,2003,16 .... County

AB100,2003,17 In.... Court

AB100,2003,18 The State of Wisconsin

AB100,2003,19 vs.

AB100,2003,20 ....(Name of defendant)

AB100,2003,21 UPON ALL THE FILES, RECORDS AND PROCEEDINGS,

AB100,2004,2 IT IS ADJUDGED That the defendant has been convicted upon the defendant's plea of guilty (not guilty and a verdict of guilty) (not guilty and a finding of guilty) (no contest) on the.... day of...., 19.., of the crime of.... in violation of s.....; and the court having asked the defendant whether the defendant has anything to state why sentence should not be pronounced, and no sufficient grounds to the contrary being shown or appearing to the court.

AB100,2004,3 *IT IS ADJUDGED That the defendant is guilty as convicted.

AB100,2004,5 *IT IS ADJUDGED That the defendant is hereby committed to the Wisconsin state prisons (county jail of.... county) for an indeterminate term of not more than.....

AB100,2004,8 *IT IS ADJUDGED That the defendant is ordered to serve a bifurcated sentence consisting of .... year(s) of confinement in prison and .... months/years of community supervision.

AB100,2004,11 *IT IS ADJUDGED That the defendant is placed in the intensive sanctions program subject to the limitations of section 973.032 (3) of the Wisconsin Statutes and the following conditions:....

AB100,2004,14 *IT IS ADJUDGED That the defendant is hereby committed to detention in (the defendant's place of residence or place designated by judge) for a term of not more than....

AB100,2004,16 *IT IS ADJUDGED That the defendant is ordered to pay a fine of $.... (and the costs of this action).

AB100,2004,17 *IT IS ADJUDGED That the defendant pay restitution to....

AB100,2004,19 *IT IS ADJUDGED That the defendant is restricted in his or her use of computers as follows:....

AB100,2004,21 *The.... at.... is designated as the Reception Center to which the defendant shall be delivered by the sheriff.

AB100,2004,23 *IT IS ORDERED That the clerk deliver a duplicate original of this judgment to the sheriff who shall forthwith execute the same and deliver it to the warden.

AB100,2004,24 Dated this.... day of...., 19...

AB100,2004,25 BY THE COURT....

AB100,2005,1 Date of Offense....,

AB100,2005,2 District Attorney....,

AB100,2005,3 Defense Attorney....

AB100,2005,4 *Strike inapplicable paragraphs.

AB100,2005,5 STATE OF WISCONSIN

AB100,2005,6 .... County

AB100,2005,7 In.... Court

AB100,2005,8 The State of Wisconsin

AB100,2005,9 vs.

AB100,2005,10 ....(Name of defendant)

AB100,2005,12 On the.... day of...., 19.., the district attorney appeared for the state and the defendant appeared in person and by.... the defendant's attorney.

AB100,2005,13 UPON ALL THE FILES, RECORDS AND PROCEEDINGS

AB100,2005,15 IT IS ADJUDGED That the defendant has been found not guilty by the verdict of the jury (by the court) and is therefore ordered discharged forthwith.

AB100,2005,16 Dated this.... day of...., 19...

AB100,2005,17 BY THE COURT....

AB100, s. 5434 Section 5434. 972.15 (5) (intro.) of the statutes is amended to read:

AB100,2006,2 972.15 (5) (intro.) The department may use the presentence investigation report for correctional programming, parole consideration or care and treatment of any person sentenced to imprisonment or the intensive sanctions program, placed on probation, released on parole or community supervision or committed to the department under ch. 51 or 971 or any other person in the custody of the department or for research purposes. The department may make the report available to other agencies or persons to use for purposes related to correctional programming, parole consideration, care and treatment, or research. Any use of the report under this subsection is subject to the following conditions:

AB100, s. 5435 Section 5435. 973.01 of the statutes is created to read:

AB100,2006,9 973.01 Bifurcated sentence of imprisonment and community supervision. (1) Bifurcated sentence required. Except as provided in sub. (3), whenever a court sentences a person to imprisonment in the Wisconsin state prisons for a felony committed on or after July 1, 1998, the court shall impose a bifurcated sentence that consists of a term of confinement in prison followed by a term of community supervision under s. 302.113.

AB100,2006,11 (2) Structure of bifurcated sentences. The court shall ensure that a bifurcated sentence imposed under sub. (1) complies with all of the following:

AB100,2006,14 (a) Total length of bifurcated sentence. Except as provided in par. (c), the total length of the bifurcated sentence may not exceed the maximum period of imprisonment for the felony.

AB100,2006,18 (b) Imprisonment portion of bifurcated sentence. The portion of the bifurcated sentence that imposes a term of confinement in prison may not be less than one year, subject to any minimum sentence prescribed for the felony, and, except as provided in par. (c), may not exceed whichever of the following is applicable:

AB100,2006,20 1. For a Class B felony, the term of confinement in prison may not exceed 40 years.

AB100,2006,22 2. For a Class BC felony, the term of confinement in prison may not exceed 20 years.

AB100,2006,24 3. For a Class C felony, the term of confinement in prison may not exceed 10 years.

AB100,2007,2 4. For a Class D felony, the term of confinement in prison may not exceed 5 years.

AB100,2007,4 5. For a Class E felony, the term of confinement in prison may not exceed 2 years.

AB100,2007,7 6. For any felony other than a felony specified in subds. 1. to 5., the term of confinement in prison may not exceed 75% of the total length of the bifurcated sentence.

AB100,2007,12 (c) Penalty enhancement. The maximum term of confinement in prison specified in par. (b) may be increased by any applicable penalty enhancement. If the maximum term of confinement in prison specified in par. (b) is increased under this paragraph, the total length of the bifurcated sentence that may be imposed is increased by the same amount.

AB100,2007,15 (d) Minimum term of community supervision. The term of community supervision that follows the term of confinement in prison may not be less than 25% of the length of the term of confinement in prison imposed under par. (b).

AB100,2007,18 (3) Not applicable to life sentences. If a person is being sentenced for a felony that is punishable by life imprisonment, he or she is not subject to this section but shall be sentenced under s. 973.014 (1g).

AB100,2007,24 (4) No good time; extension of term of imprisonment. A person sentenced to a bifurcated sentence under sub. (1) shall serve the term of confinement in prison portion of the sentence without reduction for good behavior. The term of confinement in prison portion is subject to extension under s. 302.113 (3). When the court imposes a bifurcated sentence under sub. (1), the court shall inform the person of the requirements of this subsection and s. 302.113 (3).

AB100,2008,3 (5) Community supervision conditions. Whenever the court imposes a bifurcated sentence under sub. (1), the court may impose conditions upon the term of community supervision.

AB100,2008,5 (6) No parole. A person serving a bifurcated sentence imposed under sub. (1) is not eligible for release on parole.

AB100,2008,9 (7) No discharge. The department of corrections may not discharge a person who is serving a bifurcated sentence from custody, control and supervision until the person has served the entire bifurcated sentence, including any periods of extension imposed under s. 302.113 (3).

AB100, s. 5436 Section 5436. 973.013 (1) (b) of the statutes is amended to read:

AB100,2008,18 973.013 (1) (b) The Except as provided in s. 973.01, the sentence shall have the effect of a sentence at hard labor for the maximum term fixed by the court, subject to the power of actual release from confinement by parole by the department or by pardon as provided by law. If a person is sentenced for a definite time for an offense for which the person may be sentenced under this section, the person is in legal effect sentenced as required by this section, said definite time being the maximum period. A defendant convicted of a crime for which the minimum penalty is life shall be sentenced for life.

AB100, s. 5437 Section 5437. 973.013 (2) of the statutes is amended to read:

AB100,2009,3 973.013 (2) Upon the recommendation of the department, the governor may, without the procedure required by ch. 304, discharge absolutely, or upon such conditions and restrictions and under such limitation as the governor thinks proper, any inmate committed to the Wisconsin state prisons after he or she has served the minimum term of punishment prescribed by law for the offense for which he or she was sentenced, except that if the term was life imprisonment, 5 years must elapse after release on parole or community supervision before such a recommendation can be made to the governor. The discharge has the effect of an absolute or conditional pardon, respectively.

AB100, s. 5438 Section 5438. 973.0135 (2) (intro.) of the statutes is amended to read:

AB100,2009,8 973.0135 (2) (intro.) Except as provided in sub. (3), when a court sentences a prior offender to imprisonment in a state prison for a serious felony committed on or after April 21, 1994, but before July 1, 1998, the court shall make a parole eligibility determination regarding the person and choose one of the following options:

AB100, s. 5439 Section 5439. 973.014 (title) of the statutes is amended to read:

AB100,2009,11 973.014 (title) Sentence of life imprisonment; parole eligibility determination; community supervision eligibility determination.

AB100, s. 5440 Section 5440. 973.014 (1) (intro.) of the statutes is amended to read:

AB100,2009,16 973.014 (1) (intro.) Except as provided in sub. (2), when a court sentences a person to life imprisonment for a crime committed on or after July 1, 1988, but before July 1, 1998, the court shall make a parole eligibility determination regarding the person and choose one of the following options:

AB100, s. 5441 Section 5441. 973.014 (1) (c) of the statutes is amended to read:

AB100,2009,20 973.014 (1) (c) The person is not eligible for parole. This paragraph applies only if the court sentences a person for a crime committed on or after August 31, 1995, but before July 1, 1998.

AB100, s. 5442 Section 5442. 973.014 (1g) of the statutes is created to read:

AB100,2009,25 973.014 (1g) (a) Except as provided in sub. (2), when a court sentences a person to life imprisonment for a crime committed on or after July 1, 1998, the court shall make a community supervision eligibility date determination regarding the person and choose one of the following options:

AB100,2010,2 1. The person is eligible for release to community supervision after serving 20 years.

AB100,2010,6 2. The person is eligible for release to community supervision on a date set by the court. Under this subdivision, the court may set any later date than that provided in subd. 1., but may not set a date that occurs before the earliest possible date under subd. 1.

AB100,2010,7 3. The person is not eligible for release to community supervision.

AB100,2010,10 (b) When sentencing a person to life imprisonment under par. (a), the court shall inform the person of the provisions of s. 302.114 (3) and the procedure for petitioning under s. 302.114 (5) for release to community supervision.

AB100,2010,12 (c) A person sentenced to life imprisonment under par. (a) is not eligible for release on parole.

AB100, s. 5443 Section 5443. 973.014 (2) of the statutes is amended to read: