AB100: Bill Text

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:

AB100,2010,16 973.014 (2) When a court sentences a person to life imprisonment under s. 939.62 (2m), the court shall provide that the sentence is without the possibility of parole or community supervision.

AB100, s. 5444 Section 5444. 973.032 (5) of the statutes is amended to read:

AB100,2010,21 973.032 (5) (title) Parole or community supervision restrictions. A person sentenced under sub. (1) is eligible for parole, except as provided in ss. 302.11, 304.02 and 304.06, or is eligible for release to community supervision, whichever is applicable.

AB100, s. 5445 Section 5445. 973.046 (1) (intro.) of the statutes is amended to read:

AB100,2010,25 973.046 (1) (intro.) Beginning on August 12, 1993, if If a court imposes a sentence or places a person on probation under any of the following circumstances, the court shall impose a deoxyribonucleic acid analysis surcharge of $250:

AB100, s. 5446 Section 5446. 973.046 (1) (a) of the statutes is amended to read:

AB100,2011,2 973.046 (1) (a) The person violated s. 940.225, 943.10 or 948.02 (1) or (2).

AB100, s. 5447 Section 5447. 973.05 (1) of the statutes is amended to read:

AB100,2012,2 973.05 (1) When a defendant is sentenced to pay a fine, the court may grant permission for the payment of the fine, of the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1), the crime victim and witness assistance surcharge under s. 973.045, the crime laboratories assessment imposed by s. 165.755, any applicable deoxyribonucleic acid analysis surcharge under s. 973.046, any applicable drug abuse program improvement surcharge imposed by s. 961.41 (5), any applicable domestic abuse assessment imposed by s. 971.37 (1m) (c) 1. or 973.055, any applicable driver improvement surcharge imposed by s. 346.655, any applicable enforcement assessment imposed by s. 253.06 (4) (c), any applicable weapons assessment imposed by s. 167.31, any applicable uninsured employer assessment imposed by s. 102.85 (4), any applicable environmental assessment imposed by s. 299.93, any applicable wild animal protection assessment imposed by s. 29.9965, any applicable natural resources assessment imposed by s. 29.997 and any applicable natural resources restitution payment imposed by s. 29.998 to be made within a period not to exceed 120 days. If no such permission is embodied in the sentence, the fine, the penalty assessment, the jail assessment, the crime victim and witness assistance surcharge, the crime laboratories assessment, any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse program improvement surcharge, any applicable domestic abuse assessment, any applicable driver improvement surcharge, any applicable weapons assessment, any applicable uninsured employer assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment and any applicable natural resources restitution payment shall be payable immediately.

AB100, s. 5448 Section 5448. 973.05 (2) of the statutes is amended to read:

AB100,2013,8 973.05 (2) When a defendant is sentenced to pay a fine and is also placed on probation, the court may make the payment of the fine, the penalty assessment, the jail assessment, the crime victim and witness assistance surcharge, the crime laboratories assessment, any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse program improvement surcharge, any applicable domestic abuse assessment, any applicable uninsured employer assessment, any applicable driver improvement surcharge, any applicable enforcement assessment under s. 253.06 (4) (c), any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment and any applicable natural resources restitution payments a condition of probation. When the payments are made a condition of probation by the court, payments thereon shall be applied first to payment of the penalty assessment until paid in full, shall then be applied to the payment of the jail assessment until paid in full, shall then be applied to the payment of part A of the crime victim and witness assistance surcharge until paid in full, shall then be applied to part B of the crime victim and witness assistance surcharge until paid in full, shall then be applied to the crime laboratories assessment until paid in full, shall then be applied to the deoxyribonucleic acid analysis surcharge until paid in full, shall then be applied to the drug abuse improvement surcharge until paid in full, shall then be applied to payment of the driver improvement surcharge until paid in full, shall then be applied to payment of the domestic abuse assessment until paid in full, shall then be applied to payment of the natural resources assessment if applicable until paid in full, shall then be applied to payment of the natural resources restitution payment until paid in full, shall then be applied to the payment of the environmental assessment if applicable until paid in full, shall then be applied to the payment of the wild animal protection assessment if applicable until paid in full, shall then be applied to payment of the weapons assessment until paid in full, shall then be applied to payment of the uninsured employer assessment until paid in full, shall then be applied to payment of the enforcement assessment under s. 253.06 (4) (c), if applicable, until paid in full and shall then be applied to payment of the fine.

AB100, s. 5449 Section 5449. 973.05 (5) (a) of the statutes is amended to read:

AB100,2013,24 973.05 (5) (a) Upon entry of the assignment under sub. (4) (b), unless the court finds that income withholding is likely to cause the defendant irreparable harm, the court shall provide notice of the assignment by regular mail to the last-known address of the person from whom the defendant receives or will receive money. If the clerk does not receive the money from the person notified, the court shall provide notice of the assignment to any other person from whom the defendant receives or will receive money. Notice under this paragraph may be a notice of the court, a copy of the executed assignment or a copy of that part of the court order directing payment. If the court issues an order under sub. (4) (b) assigning lottery prizes, the court shall send the notice of that order to the administrator of the lottery division of the gaming commission department of revenue, including a statement of the amount owed under the judgment and the name and address of the person owing the judgment. The court shall notify the administrator of the lottery division of the gaming commission department of revenue when the judgment that is the basis of the assignment has been paid in full.

AB100, s. 5450 Section 5450. 973.055 (3) of the statutes is amended to read:

AB100,2014,3 973.055 (3) All moneys collected from domestic abuse assessments shall be deposited by the state treasurer in s. 20.435 (1) (3) (hh) and utilized in accordance with s. 46.95.

AB100, s. 5451 Section 5451. 973.07 of the statutes is amended to read:

AB100,2015,2 973.07 Failure to pay fine or costs or to comply with certain community service work. If the fine, costs, penalty assessment, jail assessment, crime victim and witness assistance surcharge, crime laboratories assessment, applicable deoxyribonucleic acid analysis surcharge, applicable drug abuse program improvement surcharge, applicable domestic abuse assessment, applicable driver improvement surcharge, applicable enforcement assessment under s. 253.06 (4) (c), applicable weapons assessment, applicable uninsured employer assessment, applicable environmental assessment, applicable wild animal protection assessment, applicable natural resources assessment and applicable natural resources restitution payments are not paid or community service work under s. 943.017 (3) is not completed as required by the sentence, the defendant may be committed to the county jail until the fine, costs, penalty assessment, jail assessment, crime victim and witness assistance surcharge, crime laboratories assessment, applicable deoxyribonucleic acid analysis surcharge, applicable drug abuse program improvement surcharge, applicable domestic abuse assessment, applicable driver improvement surcharge, applicable enforcement assessment under s. 253.06 (4) (c), applicable weapons assessment, applicable uninsured employer assessment, applicable environmental assessment, applicable wild animal protection assessment, applicable natural resources assessment or applicable natural resources restitution payments are paid or discharged, or the community service work under s. 943.017 (3) is completed, for a period fixed by the court not to exceed 6 months.

AB100, s. 5452 Section 5452. 973.075 (1) (b) (intro.) of the statutes is amended to read:

AB100,2015,11 973.075 (1) (b) (intro.) All vehicles, as defined in s. 939.22 (44), which are used to transport any property or weapon used or to be used or received in the commission of any felony, which are used in the commission of a crime under s. 946.70, which are used in the commission of a crime in violation of s. 944.30, 944.31, 944.32, 944.33 or 944.34, which are used in the commission of a crime relating to a submerged cultural resource in violation of s. 44.47 or which are used to cause more than $1,000 $1,500 worth of criminal damage to cemetery property in violation of s. 943.01 (2) (d) or 943.012, but:

AB100, s. 5453 Section 5453. 973.09 (3) (b) of the statutes is amended to read:

AB100,2016,2 973.09 (3) (b) The department shall notify the sentencing court, any person to whom unpaid restitution is owed and the district attorney of the status of the ordered restitution payments unpaid at least 90 days before the probation expiration date. If payment as ordered has not been made, the court shall hold a probation review hearing prior to the expiration date, unless the hearing is voluntarily waived by the probationer with the knowledge that waiver may result in an extension of the probation period or in a revocation of probation. If the court does not extend probation, it shall issue a judgment for the unpaid restitution and direct the clerk of circuit court to file and enter the judgment in the judgment and lien docket, without fee, unless it finds that the victim has already recovered a judgment against the probationer for the damages covered by the restitution order. If the court issues a judgment for the unpaid restitution, the court shall send to the person at his or her last-known address written notification that a civil judgment has been issued for the unpaid restitution. The judgment has the same force and effect as judgments entered under s. 806.10.

AB100, s. 5454 Section 5454. 973.09 (3) (bm) of the statutes is created to read:

AB100,2016,7 973.09 (3) (bm) 1. At least 90 days before the expiration date of a probationer's period of probation, the department may notify the sentencing court and the district attorney that a probationer owes unpaid fees to the department under s. 304.073 or 304.074.

AB100,2016,14 2. Upon receiving notice from the department under subd. 1., the court shall schedule a probation review hearing to be held before the expiration date of the period of probation unless the probationer either pays the fees before the scheduled hearing date or voluntarily waives the hearing. A waiver of a probation review hearing under this subdivision shall include an acknowledgement by the probationer that waiver may result in an extension of the probation period, a modification of the terms and conditions of probation or a revocation of probation.

AB100,2016,20 3. At a probation review hearing under subd. 2., the department has the burden of proving that the probationer owes unpaid fees under s. 304.073 or 304.074 and the amount of the unpaid fees. If the department proves by a preponderance of the evidence that the probationer owes unpaid fees under s. 304.073 or 304.074, the court may, by order, extend the period of probation for a stated period, modify the terms and conditions of probation or revoke the probationer's probation.

AB100,2017,2 4. If the court does not extend, revoke or modify the terms of probation under subd. 3., it shall issue a judgment for the unpaid fees and direct the clerk of circuit court to file and enter the judgment in the judgment and lien docket, without fee. If the court issues a judgment for the unpaid fees, the court shall send to the department a written notification that a civil judgment has been issued for the unpaid fees. The judgment has the same force and effect as judgments entered under s. 806.10.

AB100, s. 5455 Section 5455. 973.09 (3) (c) 1. and 2. of the statutes are amended to read:

AB100,2017,5 973.09 (3) (c) 1. The probationer has not made a good faith effort to discharge court-ordered payment obligations or to pay fees owed under s. 304.073 or 304.074.

AB100,2017,9 2. The probationer is not presently able to make required restitution payments and the probationer and the person to whom restitution is owed consent to the performance of community service work under sub. (7m) in satisfaction of restitution ordered for that person, for which an extended period of probation is required.

AB100, s. 5456 Section 5456. 973.10 (1) of the statutes is amended to read:

AB100,2017,15 973.10 (1) Imposition of probation shall have the effect of placing the defendant in the custody of the department and shall subject the defendant to the control of the department under conditions set by the court and rules and regulations established by the department for the supervision of probationers and , parolees and persons on community supervision.

AB100, s. 5457 Section 5457. 973.135 (title) of the statutes is amended to read:

AB100,2017,18 973.135 (title) Courts to report convictions to the department of education state superintendent of public instruction.

AB100, s. 5458 Section 5458. 973.135 (1) (a) of the statutes is repealed.

AB100, s. 5459 Section 5459. 973.135 (1) (am) of the statutes is renumbered 973.135 (1) (a).

AB100, s. 5460 Section 5460. 973.135 (1) (b) of the statutes is created to read:

AB100,2017,23 973.135 (1) (b) "State superintendent" means the state superintendent of public instruction.

AB100, s. 5461 Section 5461. 973.135 (2) of the statutes is amended to read:

AB100,2018,6 973.135 (2) If a court determines that a person convicted of a crime specified in ch. 948, including a crime specified in s. 948.015, a felony for which the maximum term of imprisonment is at least 5 years, 4th degree sexual assault under s. 940.225 (3m) or a crime in which the victim was a child, is employed by an educational agency, the clerk of the court in which such conviction occurred shall promptly forward to the department state superintendent the record of conviction.

AB100, s. 5462 Section 5462. 973.135 (3) of the statutes is amended to read:

AB100,2018,10 973.135 (3) If a conviction under sub. (2) is reversed, set aside or vacated, the clerk of the court shall promptly forward to the department state superintendent a certificate stating that the conviction has been reversed, set aside or vacated.

AB100, s. 5463 Section 5463. 973.15 (2) (b) of the statutes is amended to read:

AB100,2018,22 973.15 (2) (b) The court may not impose a sentence to the intensive sanctions program consecutive to any other sentence. The court may not impose a sentence to the intensive sanctions program concurrent with a sentence imposing imprisonment, except that the court may impose a sentence to the program concurrent with an imposed and stayed imprisonment sentence or with a prison sentence for which the offender has been released on community supervision or parole. The court may impose concurrent intensive sanctions program sentences. The court may impose an intensive sanctions program sentence concurrent to probation. The court may impose any sentence for an escape from a sentence to the intensive sanctions program concurrent with the sentence to the intensive sanctions program.

AB100, s. 5464 Section 5464. 973.15 (6) of the statutes is amended to read:

AB100,2019,3 973.15 (6) Sections 302.11 and 304.06 are applicable to an inmate serving a sentence to the Wisconsin state prisons for a crime committed before July 1, 1998, but confined in a federal institution or an institution in another state.

AB100, s. 5465 Section 5465. 973.155 (1) (b) of the statutes is amended to read:

AB100,2019,8 973.155 (1) (b) The categories in par. (a) include custody of the convicted offender which is in whole or in part the result of a probation, community supervision or parole hold under s. 304.06 (3) or 973.10 (2) placed upon the person for the same course of conduct as that resulting in the new conviction.

AB100, s. 5466 Section 5466. 973.155 (2) of the statutes is amended to read:

AB100,2019,16 973.155 (2) After the imposition of sentence, the court shall make and enter a specific finding of the number of days for which sentence credit is to be granted, which finding shall be included in the judgment of conviction. In the case of revocation of probation, community supervision or parole, the department, if the hearing is waived, or the division of hearings and appeals in the department of administration, in the case of a hearing, shall make such a finding, which shall be included in the revocation order.

AB100, s. 5467 Section 5467. 973.155 (5) of the statutes is amended to read:

AB100,2019,25 973.155 (5) If this section has not been applied at sentencing to any person who is in custody or to any person who is on probation, community supervision or parole, the person may petition the department to be given credit under this section. Upon proper verification of the facts alleged in the petition, this section shall be applied retroactively to the person. If the department is unable to determine whether credit should be given, or otherwise refuses to award retroactive credit, the person may petition the sentencing court for relief. This subsection applies to any person, regardless of the date he or she was sentenced.

AB100, s. 5468 Section 5468. 973.20 (1r) of the statutes is amended to read:

AB100,2020,13 973.20 (1r) When imposing sentence or ordering probation for any crime for which the defendant was convicted, the court, in addition to any other penalty authorized by law, shall order the defendant to make full or partial restitution under this section to any victim of a crime considered at sentencing or, if the victim is deceased, to his or her estate, unless the court finds substantial reason not to do so and states the reason on the record. Restitution ordered under this section is a condition of probation, community supervision or parole served by the defendant for a crime for which the defendant was convicted. After the termination of probation, community supervision or parole, or if the defendant is not placed on probation, community supervision or parole, restitution ordered under this section is enforceable in the same manner as a judgment in a civil action by the victim named in the order to receive restitution or enforced under ch. 785.

AB100, s. 5469 Section 5469. 973.20 (10) of the statutes is amended to read:

AB100,2020,20 973.20 (10) The court may require that restitution be paid immediately, within a specified period or in specified instalments. If the defendant is placed on probation or sentenced to imprisonment, the end of a specified period shall not be later than the end of any period of probation, community supervision or parole. If the defendant is sentenced to the intensive sanctions program, the end of a specified period shall not be later than the end of the sentence under s. 973.032 (3) (a).

AB100, s. 5470 Section 5470. 975.10 (1) of the statutes is amended to read:

AB100,2021,8 975.10 (1) Any person committed as provided in this chapter may be paroled if it appears to the satisfaction of the department of health and family services after recommendation by a special review board, appointed by the department, a majority of whose members shall not be connected with the department, that the person is capable of making an acceptable adjustment in society. Before a person is released on parole under this section, the department of health and family services shall so notify the municipal police department and county sheriff for the area where the person will be residing. The notification requirement does not apply if a municipal department or county sheriff submits to the department of health and family services a written statement waiving the right to be notified. Probation, community supervision and parole agents of the department of corrections shall supervise persons paroled under this section.

AB100, s. 5471 Section 5471. 976.03 (3) of the statutes is amended to read:

AB100,2021,25 976.03 (3) Form of demand. No demand for the extradition of a person charged with a crime in another state shall be recognized by the governor unless in writing alleging, except in cases arising under sub. (6), that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter the accused fled from the state, and accompanied by a copy of an indictment found or by an information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereon; or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of the person's bail, probation, community supervision or parole. The indictment, information or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the executive authority making the demand.