AB100,2003,2121
UPON ALL THE FILES, RECORDS AND PROCEEDINGS,
AB100,2004,222
IT IS ADJUDGED That the defendant has been convicted upon the defendant's
23plea of guilty (not guilty and a verdict of guilty) (not guilty and a finding of guilty)
24(no contest) on the.... day of...., 19.., of the crime of.... in violation of s.....; and the
25court having asked the defendant whether the defendant has anything to state why
1sentence should not be pronounced, and no sufficient grounds to the contrary being
2shown or appearing to the court.
AB100,2004,33
*IT IS ADJUDGED That the defendant is guilty as convicted.
AB100,2004,54
*IT IS ADJUDGED That the defendant is hereby committed to the Wisconsin
5state prisons (county jail of.... county) for an indeterminate term of not more than.....
AB100,2004,8
6*IT IS ADJUDGED That the defendant is ordered to serve a bifurcated
7sentence consisting of .... year(s) of confinement in prison and .... months/years of
8community supervision.
AB100,2004,119
*IT IS ADJUDGED That the defendant is placed in the intensive sanctions
10program subject to the limitations of section 973.032 (3) of the Wisconsin Statutes
11and the following conditions:....
AB100,2004,1412
*IT IS ADJUDGED That the defendant is hereby committed to detention in
13(the defendant's place of residence or place designated by judge) for a term of not
14more than....
AB100,2004,1615
*IT IS ADJUDGED That the defendant is ordered to pay a fine of $.... (and the
16costs of this action).
AB100,2004,1717
*IT IS ADJUDGED That the defendant pay restitution to....
AB100,2004,1918
*IT IS ADJUDGED That the defendant is restricted in his or her use of
19computers as follows:....
AB100,2004,2120
*The.... at.... is designated as the Reception Center to which the defendant
21shall be delivered by the sheriff.
AB100,2004,2322
*IT IS ORDERED That the clerk deliver a duplicate original of this judgment
23to the sheriff who shall forthwith execute the same and deliver it to the warden.
AB100,2004,2424
Dated this.... day of...., 19...
AB100,2004,2525
BY THE COURT....
AB100,2005,1
1Date of Offense....,
AB100,2005,22
District Attorney....,
AB100,2005,33
Defense Attorney....
AB100,2005,44
*Strike inapplicable paragraphs.
AB100,2005,55
STATE OF WISCONSIN
AB100,2005,66
.... County
AB100,2005,77
In.... Court
AB100,2005,88
The State of Wisconsin
AB100,2005,1010
....(Name of defendant)
AB100,2005,1211
On the.... day of...., 19.., the district attorney appeared for the state and the
12defendant appeared in person and by.... the defendant's attorney.
AB100,2005,1313
UPON ALL THE FILES, RECORDS AND PROCEEDINGS
AB100,2005,1514
IT IS ADJUDGED That the defendant has been found not guilty by the verdict
15of the jury (by the court) and is therefore ordered discharged forthwith.
AB100,2005,1616
Dated this.... day of...., 19...
AB100,2005,1717
BY THE COURT....
AB100, s. 5434
18Section
5434. 972.15 (5) (intro.) of the statutes is amended to read:
AB100,2006,219
972.15
(5) (intro.) The department may use the presentence investigation
20report for correctional programming, parole consideration or care and treatment of
21any person sentenced to imprisonment or the intensive sanctions program, placed
22on probation, released on parole
or community supervision or committed to the
23department under ch. 51 or 971 or any other person in the custody of the department
24or for research purposes. The department may make the report available to other
25agencies or persons to use for purposes related to correctional programming, parole
1consideration, care and treatment, or research. Any use of the report under this
2subsection is subject to the following conditions:
AB100, s. 5435
3Section
5435. 973.01 of the statutes is created to read:
AB100,2006,9
4973.01 Bifurcated sentence of imprisonment and community
5supervision. (1) Bifurcated sentence required. Except as provided in sub. (3),
6whenever a court sentences a person to imprisonment in the Wisconsin state prisons
7for a felony committed on or after July 1, 1998, the court shall impose a bifurcated
8sentence that consists of a term of confinement in prison followed by a term of
9community supervision under s. 302.113.
AB100,2006,11
10(2) Structure of bifurcated sentences. The court shall ensure that a
11bifurcated sentence imposed under sub. (1) complies with all of the following:
AB100,2006,1412
(a)
Total length of bifurcated sentence. Except as provided in par. (c), the total
13length of the bifurcated sentence may not exceed the maximum period of
14imprisonment for the felony.
AB100,2006,1815
(b)
Imprisonment portion of bifurcated sentence. The portion of the bifurcated
16sentence that imposes a term of confinement in prison may not be less than one year,
17subject to any minimum sentence prescribed for the felony, and, except as provided
18in par. (c), may not exceed whichever of the following is applicable:
AB100,2006,2019
1. For a Class B felony, the term of confinement in prison may not exceed 40
20years.
AB100,2006,2221
2. For a Class BC felony, the term of confinement in prison may not exceed 20
22years.
AB100,2006,2423
3. For a Class C felony, the term of confinement in prison may not exceed 10
24years.
AB100,2007,2
14. For a Class D felony, the term of confinement in prison may not exceed 5
2years.
AB100,2007,43
5. For a Class E felony, the term of confinement in prison may not exceed 2
4years.
AB100,2007,75
6. For any felony other than a felony specified in subds. 1. to 5., the term of
6confinement in prison may not exceed 75% of the total length of the bifurcated
7sentence.
AB100,2007,128
(c)
Penalty enhancement. The maximum term of confinement in prison
9specified in par. (b) may be increased by any applicable penalty enhancement. If the
10maximum term of confinement in prison specified in par. (b) is increased under this
11paragraph, the total length of the bifurcated sentence that may be imposed is
12increased by the same amount.
AB100,2007,1513
(d)
Minimum term of community supervision. The term of community
14supervision that follows the term of confinement in prison may not be less than 25%
15of the length of the term of confinement in prison imposed under par. (b).
AB100,2007,18
16(3) Not applicable to life sentences. If a person is being sentenced for a felony
17that is punishable by life imprisonment, he or she is not subject to this section but
18shall be sentenced under s. 973.014 (1g).
AB100,2007,24
19(4) No good time; extension of term of imprisonment. A person sentenced to
20a bifurcated sentence under sub. (1) shall serve the term of confinement in prison
21portion of the sentence without reduction for good behavior. The term of confinement
22in prison portion is subject to extension under s. 302.113 (3). When the court imposes
23a bifurcated sentence under sub. (1), the court shall inform the person of the
24requirements of this subsection and s. 302.113 (3).
AB100,2008,3
1(5) Community supervision conditions. Whenever the court imposes a
2bifurcated sentence under sub. (1), the court may impose conditions upon the term
3of community supervision.
AB100,2008,5
4(6) No parole. A person serving a bifurcated sentence imposed under sub. (1)
5is not eligible for release on parole.
AB100,2008,9
6(7) No discharge. The department of corrections may not discharge a person
7who is serving a bifurcated sentence from custody, control and supervision until the
8person has served the entire bifurcated sentence, including any periods of extension
9imposed under s. 302.113 (3).
AB100, s. 5436
10Section
5436. 973.013 (1) (b) of the statutes is amended to read:
AB100,2008,1811
973.013
(1) (b)
The Except as provided in s. 973.01, the sentence shall have the
12effect of a sentence at hard labor for the maximum term fixed by the court, subject
13to the power of actual release from confinement by parole by the department or by
14pardon as provided by law. If a person is sentenced for a definite time for an offense
15for which the person may be sentenced under this section, the person is in legal effect
16sentenced as required by this section, said definite time being the maximum period.
17A defendant convicted of a crime for which the minimum penalty is life shall be
18sentenced for life.
AB100, s. 5437
19Section
5437. 973.013 (2) of the statutes is amended to read:
AB100,2009,320
973.013
(2) Upon the recommendation of the department, the governor may,
21without the procedure required by ch. 304, discharge absolutely, or upon such
22conditions and restrictions and under such limitation as the governor thinks proper,
23any inmate committed to the Wisconsin state prisons after he or she has served the
24minimum term of punishment prescribed by law for the offense for which he or she
25was sentenced, except that if the term was life imprisonment, 5 years must elapse
1after
release on parole
or community supervision before such a recommendation can
2be made to the governor. The discharge has the effect of an absolute or conditional
3pardon, respectively.
AB100, s. 5438
4Section
5438. 973.0135 (2) (intro.) of the statutes is amended to read:
AB100,2009,85
973.0135
(2) (intro.) Except as provided in sub. (3), when a court sentences a
6prior offender to imprisonment in a state prison for a serious felony committed on or
7after April 21, 1994,
but before July 1, 1998, the court shall make a parole eligibility
8determination regarding the person and choose one of the following options:
AB100, s. 5439
9Section
5439. 973.014 (title) of the statutes is amended to read:
AB100,2009,11
10973.014 (title)
Sentence of life imprisonment; parole eligibility
11determination; community supervision eligibility determination.
AB100, s. 5440
12Section
5440. 973.014 (1) (intro.) of the statutes is amended to read:
AB100,2009,1613
973.014
(1) (intro.) Except as provided in sub. (2), when a court sentences a
14person to life imprisonment for a crime committed on or after July 1, 1988,
but before
15July 1, 1998, the court shall make a parole eligibility determination regarding the
16person and choose one of the following options:
AB100, s. 5441
17Section
5441. 973.014 (1) (c) of the statutes is amended to read:
AB100,2009,2018
973.014
(1) (c) The person is not eligible for parole. This paragraph applies only
19if the court sentences a person for a crime committed on or after August 31, 1995
, but
20before July 1, 1998.
AB100, s. 5442
21Section
5442. 973.014 (1g) of the statutes is created to read:
AB100,2009,2522
973.014
(1g) (a) Except as provided in sub. (2), when a court sentences a person
23to life imprisonment for a crime committed on or after July 1, 1998, the court shall
24make a community supervision eligibility date determination regarding the person
25and choose one of the following options:
AB100,2010,2
11. The person is eligible for release to community supervision after serving 20
2years.
AB100,2010,63
2. The person is eligible for release to community supervision on a date set by
4the court. Under this subdivision, the court may set any later date than that
5provided in subd. 1., but may not set a date that occurs before the earliest possible
6date under subd. 1.
AB100,2010,77
3. The person is not eligible for release to community supervision.
AB100,2010,108
(b) When sentencing a person to life imprisonment under par. (a), the court
9shall inform the person of the provisions of s. 302.114 (3) and the procedure for
10petitioning under s. 302.114 (5) for release to community supervision.
AB100,2010,1211
(c) A person sentenced to life imprisonment under par. (a) is not eligible for
12release on parole.
AB100, s. 5443
13Section
5443. 973.014 (2) of the statutes is amended to read:
AB100,2010,1614
973.014
(2) When a court sentences a person to life imprisonment under s.
15939.62 (2m), the court shall provide that the sentence is without the possibility of
16parole
or community supervision.
AB100, s. 5444
17Section
5444. 973.032 (5) of the statutes is amended to read:
AB100,2010,2118
973.032
(5) (title)
Parole or community supervision restrictions. A person
19sentenced under sub. (1) is eligible for parole
, except as provided in ss. 302.11, 304.02
20and 304.06
, or is eligible for release to community supervision, whichever is
21applicable.
AB100, s. 5445
22Section
5445. 973.046 (1) (intro.) of the statutes is amended to read:
AB100,2010,2523
973.046
(1) (intro.)
Beginning on August 12, 1993, if If a court imposes a
24sentence or places a person on probation under any of the following circumstances,
25the court shall impose a deoxyribonucleic acid analysis surcharge of $250:
AB100, s. 5446
1Section
5446. 973.046 (1) (a) of the statutes is amended to read:
AB100,2011,22
973.046
(1) (a) The person violated s. 940.225
, 943.10 or 948.02 (1) or (2).
AB100, s. 5447
3Section
5447. 973.05 (1) of the statutes is amended to read:
AB100,2012,24
973.05
(1) When a defendant is sentenced to pay a fine, the court may grant
5permission for the payment of the fine, of the penalty assessment imposed by s.
6165.87, the jail assessment imposed by s. 302.46 (1), the crime victim and witness
7assistance surcharge under s. 973.045,
the crime laboratories assessment imposed
8by s. 165.755, any applicable deoxyribonucleic acid analysis surcharge under s.
9973.046, any applicable drug abuse program improvement surcharge imposed by s.
10961.41 (5), any applicable domestic abuse assessment imposed by s. 971.37 (1m) (c)
111. or 973.055, any applicable driver improvement surcharge imposed by s. 346.655,
12any applicable enforcement assessment imposed by s. 253.06 (4) (c), any applicable
13weapons assessment imposed by s. 167.31, any applicable uninsured employer
14assessment imposed by s. 102.85 (4), any applicable environmental assessment
15imposed by s. 299.93, any applicable wild animal protection assessment imposed by
16s. 29.9965, any applicable natural resources assessment imposed by s. 29.997 and
17any applicable natural resources restitution payment imposed by s. 29.998 to be
18made within a period not to exceed 120 days. If no such permission is embodied in
19the sentence, the fine, the penalty assessment, the jail assessment, the crime victim
20and witness assistance surcharge,
the crime laboratories assessment, any applicable
21deoxyribonucleic acid analysis surcharge, any applicable drug abuse program
22improvement surcharge, any applicable domestic abuse assessment, any applicable
23driver improvement surcharge, any applicable weapons assessment, any applicable
24uninsured employer assessment, any applicable environmental assessment, any
25applicable wild animal protection assessment, any applicable natural resources
1assessment and any applicable natural resources restitution payment shall be
2payable immediately.
AB100, s. 5448
3Section
5448. 973.05 (2) of the statutes is amended to read:
AB100,2013,84
973.05
(2) When a defendant is sentenced to pay a fine and is also placed on
5probation, the court may make the payment of the fine, the penalty assessment, the
6jail assessment, the crime victim and witness assistance surcharge,
the crime
7laboratories assessment, any applicable deoxyribonucleic acid analysis surcharge,
8any applicable drug abuse program improvement surcharge, any applicable
9domestic abuse assessment, any applicable uninsured employer assessment, any
10applicable driver improvement surcharge,
any applicable enforcement assessment
11under s. 253.06 (4) (c), any applicable weapons assessment, any applicable
12environmental assessment, any applicable wild animal protection assessment, any
13applicable natural resources assessment and any applicable natural resources
14restitution payments a condition of probation. When the payments are made a
15condition of probation by the court, payments thereon shall be applied first to
16payment of the penalty assessment until paid in full, shall then be applied to the
17payment of the jail assessment until paid in full, shall then be applied to the payment
18of part A of the crime victim and witness assistance surcharge until paid in full, shall
19then be applied to part B of the crime victim and witness assistance surcharge until
20paid in full,
shall then be applied to the crime laboratories assessment until paid in
21full, shall then be applied to the deoxyribonucleic acid analysis surcharge until paid
22in full, shall then be applied to the drug abuse improvement surcharge until paid in
23full, shall then be applied to payment of the driver improvement surcharge until paid
24in full, shall then be applied to payment of the domestic abuse assessment until paid
25in full, shall then be applied to payment of the natural resources assessment if
1applicable until paid in full, shall then be applied to payment of the natural resources
2restitution payment until paid in full, shall then be applied to the payment of the
3environmental assessment if applicable until paid in full, shall then be applied to the
4payment of the wild animal protection assessment if applicable until paid in full,
5shall then be applied to payment of the weapons assessment until paid in full, shall
6then be applied to payment of the uninsured employer assessment until paid in full
,
7shall then be applied to payment of the enforcement assessment under s. 253.06 (4)
8(c), if applicable, until paid in full and shall then be applied to payment of the fine.
AB100, s. 5449
9Section
5449. 973.05 (5) (a) of the statutes is amended to read:
AB100,2013,2410
973.05
(5) (a) Upon entry of the assignment under sub. (4) (b), unless the court
11finds that income withholding is likely to cause the defendant irreparable harm, the
12court shall provide notice of the assignment by regular mail to the last-known
13address of the person from whom the defendant receives or will receive money. If the
14clerk does not receive the money from the person notified, the court shall provide
15notice of the assignment to any other person from whom the defendant receives or
16will receive money. Notice under this paragraph may be a notice of the court, a copy
17of the executed assignment or a copy of that part of the court order directing payment.
18If the court issues an order under sub. (4) (b) assigning lottery prizes, the court shall
19send the notice of that order to the administrator of the lottery division of the
gaming
20commission department of revenue, including a statement of the amount owed under
21the judgment and the name and address of the person owing the judgment. The court
22shall notify the administrator of the lottery division of the
gaming commission 23department of revenue when the judgment that is the basis of the assignment has
24been paid in full.
AB100, s. 5450
25Section
5450. 973.055 (3) of the statutes is amended to read:
AB100,2014,3
1973.055
(3) All moneys collected from domestic abuse assessments shall be
2deposited by the state treasurer in s. 20.435
(1)
(3) (hh) and utilized in accordance
3with s. 46.95.
AB100, s. 5451
4Section
5451. 973.07 of the statutes is amended to read:
AB100,2015,2
5973.07 Failure to pay fine or costs or to comply with certain
6community service work. If the fine, costs, penalty assessment, jail assessment,
7crime victim and witness assistance surcharge,
crime laboratories assessment, 8applicable deoxyribonucleic acid analysis surcharge, applicable drug abuse program
9improvement surcharge, applicable domestic abuse assessment, applicable driver
10improvement surcharge,
applicable enforcement assessment under s. 253.06 (4) (c), 11applicable weapons assessment, applicable uninsured employer assessment,
12applicable environmental assessment, applicable wild animal protection
13assessment, applicable natural resources assessment and applicable natural
14resources restitution payments are not paid or community service work under s.
15943.017 (3) is not completed as required by the sentence, the defendant may be
16committed to the county jail until the fine, costs, penalty assessment, jail
17assessment, crime victim and witness assistance surcharge,
crime laboratories
18assessment, applicable deoxyribonucleic acid analysis surcharge, applicable drug
19abuse program improvement surcharge, applicable domestic abuse assessment,
20applicable driver improvement surcharge,
applicable enforcement assessment
21under s. 253.06 (4) (c), applicable weapons assessment, applicable uninsured
22employer assessment, applicable environmental assessment, applicable wild animal
23protection assessment, applicable natural resources assessment or applicable
24natural resources restitution payments are paid or discharged, or the community
1service work under s. 943.017 (3) is completed, for a period fixed by the court not to
2exceed 6 months.