AB351, s. 278
18Section
278. 973.014 (1g) of the statutes is created to read:
AB351,91,2219
973.014
(1g) (a) Except as provided in sub. (2), when a court sentences a person
20to life imprisonment for a crime committed on or after July 1, 1998, the court shall
21make a community supervision eligibility date determination regarding the person
22and choose one of the following options:
AB351,91,2423
1. The person is eligible for release to community supervision after serving 20
24years.
AB351,92,4
12. The person is eligible for release to community supervision on a date set by
2the court. Under this subdivision, the court may set any later date than that
3provided in subd. 1., but may not set a date that occurs before the earliest possible
4date under subd. 1.
AB351,92,55
3. The person is not eligible for release to community supervision.
AB351,92,86
(b) When sentencing a person to life imprisonment under par. (a), the court
7shall inform the person of the provisions of s. 302.114 (3) and the procedure for
8petitioning under s. 302.114 (5) for release to community supervision.
AB351,92,109
(c) A person sentenced to life imprisonment under par. (a) is not eligible for
10release on parole.
AB351, s. 279
11Section
279. 973.014 (2) of the statutes is amended to read:
AB351,92,1412
973.014
(2) When a court sentences a person to life imprisonment under s.
13939.62 (2m), the court shall provide that the sentence is without the possibility of
14parole
or community supervision.
AB351, s. 280
15Section
280. 973.032 (5) of the statutes is amended to read:
AB351,92,1916
973.032
(5) (title)
Parole or community supervision restrictions. A person
17sentenced under sub. (1) is eligible for parole
, except as provided in ss. 302.11, 304.02
18and 304.06
, or is eligible for release to community supervision, whichever is
19applicable.
AB351, s. 281
20Section
281. 973.10 (1) of the statutes is amended to read:
AB351,92,2521
973.10
(1) Imposition of probation shall have the effect of placing the defendant
22in the custody of the department and shall subject the defendant to the control of the
23department under conditions set by the court and rules and regulations established
24by the department for the supervision of probationers
and
, parolees
and persons on
25community supervision.
AB351, s. 282
1Section
282. 973.15 (2) (b) of the statutes is amended to read:
AB351,93,122
973.15
(2) (b) The court may not impose a sentence to the intensive sanctions
3program consecutive to any other sentence. The court may not impose a sentence to
4the intensive sanctions program concurrent with a sentence imposing
5imprisonment, except that the court may impose a sentence to the program
6concurrent with an imposed and stayed imprisonment sentence or with a prison
7sentence for which the offender has been released on
community supervision or 8parole. The court may impose concurrent intensive sanctions program sentences.
9The court may impose an intensive sanctions program sentence concurrent to
10probation. The court may impose any sentence for an escape from a sentence to the
11intensive sanctions program concurrent with the sentence to the intensive sanctions
12program.
AB351, s. 283
13Section
283. 973.15 (6) of the statutes is amended to read:
AB351,93,1614
973.15
(6) Sections 302.11 and 304.06 are applicable to an inmate serving a
15sentence to the Wisconsin state prisons
for a crime committed before July 1, 1998, 16but confined in a federal institution or an institution in another state.
AB351, s. 284
17Section
284. 973.155 (1) (b) of the statutes is amended to read:
AB351,93,2118
973.155
(1) (b) The categories in par. (a) include custody of the convicted
19offender which is in whole or in part the result of a probation
, community supervision 20or parole hold under s. 304.06 (3) or 973.10 (2) placed upon the person for the same
21course of conduct as that resulting in the new conviction.
AB351, s. 285
22Section
285. 973.155 (2) of the statutes is amended to read:
AB351,94,423
973.155
(2) After the imposition of sentence, the court shall make and enter a
24specific finding of the number of days for which sentence credit is to be granted,
25which finding shall be included in the judgment of conviction. In the case of
1revocation of probation
, community supervision or parole, the department, if the
2hearing is waived, or the division of hearings and appeals in the department of
3administration, in the case of a hearing, shall make such a finding, which shall be
4included in the revocation order.
AB351, s. 286
5Section
286. 973.155 (5) of the statutes is amended to read:
AB351,94,136
973.155
(5) If this section has not been applied at sentencing to any person who
7is in custody or to any person who is on probation
, community supervision or parole,
8the person may petition the department to be given credit under this section. Upon
9proper verification of the facts alleged in the petition, this section shall be applied
10retroactively to the person. If the department is unable to determine whether credit
11should be given, or otherwise refuses to award retroactive credit, the person may
12petition the sentencing court for relief. This subsection applies to any person,
13regardless of the date he or she was sentenced.
AB351, s. 287
14Section
287. 973.20 (1r) of the statutes is amended to read:
AB351,95,215
973.20
(1r) When imposing sentence or ordering probation for any crime for
16which the defendant was convicted, the court, in addition to any other penalty
17authorized by law, shall order the defendant to make full or partial restitution under
18this section to any victim of a crime considered at sentencing or, if the victim is
19deceased, to his or her estate, unless the court finds substantial reason not to do so
20and states the reason on the record. Restitution ordered under this section is a
21condition of probation
, community supervision or parole served by the defendant for
22a crime for which the defendant was convicted. After the termination of probation
,
23community supervision or parole, or if the defendant is not placed on probation
,
24community supervision or parole, restitution ordered under this section is
1enforceable in the same manner as a judgment in a civil action by the victim named
2in the order to receive restitution or enforced under ch. 785.
AB351, s. 288
3Section
288. 973.20 (10) of the statutes is amended to read:
AB351,95,94
973.20
(10) The court may require that restitution be paid immediately, within
5a specified period or in specified instalments. If the defendant is placed on probation
6or sentenced to imprisonment, the end of a specified period shall not be later than
7the end of any period of probation
, community supervision or parole. If the defendant
8is sentenced to the intensive sanctions program, the end of a specified period shall
9not be later than the end of the sentence under s. 973.032 (3) (a).
AB351, s. 289
10Section
289. 975.10 (1) of the statutes is amended to read:
AB351,95,2211
975.10
(1) Any person committed as provided in this chapter may be paroled
12if it appears to the satisfaction of the department of health and family services after
13recommendation by a special review board, appointed by the department, a majority
14of whose members shall not be connected with the department, that the person is
15capable of making an acceptable adjustment in society. Before a person is released
16on parole under this section, the department of health and family services shall so
17notify the municipal police department and county sheriff for the area where the
18person will be residing. The notification requirement does not apply if a municipal
19department or county sheriff submits to the department of health and family services
20a written statement waiving the right to be notified. Probation
, community
21supervision and parole agents of the department of corrections shall supervise
22persons paroled under this section.
AB351, s. 290
23Section
290. 976.03 (3) of the statutes is amended to read:
AB351,96,1424
976.03
(3) Form of demand. No demand for the extradition of a person charged
25with a crime in another state shall be recognized by the governor unless in writing
1alleging, except in cases arising under sub. (6), that the accused was present in the
2demanding state at the time of the commission of the alleged crime, and that
3thereafter the accused fled from the state, and accompanied by a copy of an
4indictment found or by an information supported by affidavit in the state having
5jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there,
6together with a copy of any warrant which was issued thereon; or by a copy of a
7judgment of conviction or of a sentence imposed in execution thereof, together with
8a statement by the executive authority of the demanding state that the person
9claimed has escaped from confinement or has broken the terms of the person's bail,
10probation
, community supervision or parole. The indictment, information or
11affidavit made before the magistrate must substantially charge the person
12demanded with having committed a crime under the law of that state; and the copy
13of indictment, information, affidavit, judgment of conviction or sentence must be
14authenticated by the executive authority making the demand.
AB351, s. 291
15Section
291. 976.03 (13) of the statutes is amended to read:
AB351,97,916
976.03
(13) Arrest prior to requisition. Whenever any person within this
17state shall be charged on the oath of any credible person before any judge of this state
18with the commission of any crime in any other state and, except in cases arising
19under sub. (6), with having fled from justice, or with having been convicted of a crime
20in that state and having escaped from confinement, or having broken the terms of
21his or her bail, probation
, community supervision or parole, or whenever complaint
22shall have been made before any judge in this state setting forth on the affidavit of
23any credible person in another state that a crime has been committed in such other
24state and that the accused has been charged in such state with the commission of the
25crime, and, except in cases arising under sub. (6), has fled from justice, or with having
1been convicted of a crime in that state and having escaped from confinement, or
2having broken the terms of his or her bail, probation
, community supervision or
3parole, and is believed to be in this state, the judge shall issue a warrant directed to
4any peace officer commanding the officer to apprehend the person named therein,
5wherever the person may be found in this state, and to bring the person before the
6same or any other judge or court who or which may be available in or convenient of
7access to the place where the arrest may be made, to answer the charge or complaint
8and affidavit; and a certified copy of the sworn charge or complaint and affidavit upon
9which the warrant is issued shall be attached to the warrant.
AB351, s. 292
10Section
292. 976.03 (22) of the statutes is amended to read:
AB351,97,2011
976.03
(22) Fugitives from this state, duty of governor. Whenever the
12governor of this state shall demand a person charged with crime or with escaping
13from confinement or breaking the terms of his or her bail, probation
, community
14supervision or parole in this state from the executive authority of any other state, or
15from the chief justice or an associate justice of the district court of the United States
16for the District of Columbia authorized to receive such demand under the laws of the
17United States, the governor shall issue a warrant under the seal of this state, to some
18agent, commanding the agent to receive the person so charged if delivered to the
19agent and convey the person to the proper officer of the county in this state in which
20the offense was committed.
AB351, s. 293
21Section
293. 976.03 (23) (b) of the statutes is amended to read:
AB351,98,722
976.03
(23) (b) When the return to this state is required of a person who has
23been convicted of a crime in this state and has escaped from confinement or broken
24the terms of his or her bail, probation
, community supervision or parole, the
25prosecuting attorney of the county in which the offense was committed, the secretary
1of corrections, or the warden of the institution or sheriff of the county from which
2escape was made, shall present to the governor a written application for a requisition
3for the return of the person, in which application shall be stated the name of the
4person, the crime of which the person was convicted, the circumstances of escape
5from confinement or of the breach of the terms of bail, probation
, community
6supervision or parole, and the state in which the person is believed to be, including
7the location of the person therein at the time application is made.
AB351, s. 294
8Section
294. 976.03 (27) (a) of the statutes is amended to read:
AB351,98,189
976.03
(27) (a) Any person arrested in this state charged with having
10committed any crime in another state or alleged to have escaped from confinement,
11or broken the terms of his or her bail, probation
, community supervision or parole
12may waive the issuance and service of the warrant provided for in subs. (7) and (8)
13and all other procedure incidental to extradition proceedings, by executing or
14subscribing in the presence of a judge of any court of record within this state a writing
15which states that the person consents to return to the demanding state; however,
16before such waiver shall be executed or subscribed by such person the judge shall
17inform such person of the person's rights to the issuance and service of a warrant of
18extradition and to commence an action for habeas corpus as provided in sub. (10).
AB351, s. 295
19Section
295. 976.05 (3) (a) of the statutes is amended to read:
AB351,99,1120
976.05
(3) (a) Whenever a person has entered upon a term of imprisonment in
21a penal or correctional institution of a party state, and whenever during the
22continuance of the term of imprisonment there is pending in any other party state
23any untried indictment, information or complaint on the basis of which a detainer
24has been lodged against the prisoner, the prisoner shall be brought to trial within 180
25days after the prisoner has caused to be delivered to the prosecuting officer and the
1appropriate court of the prosecuting officer's jurisdiction written notice of the place
2of his or her imprisonment and his or her request for a final disposition to be made
3of the indictment, information or complaint, but for good cause shown in open court,
4the prisoner or the prisoner's counsel being present, the court having jurisdiction of
5the matter may grant any necessary or reasonable continuance. The request of the
6prisoner shall be accompanied by a certificate of the appropriate official having
7custody of the prisoner, stating the term of commitment under which the prisoner is
8being held, the time already served, the time remaining to be served on the sentence,
9the amount of good time earned, the time of parole eligibility
or date of release to
10community supervision of the prisoner and any decisions of the department relating
11to the prisoner.
AB351, s. 296
12Section
296. 976.05 (4) (b) of the statutes is amended to read:
AB351,99,2213
976.05
(4) (b) Upon receipt of the officer's written request under par. (a), the
14appropriate authorities having the prisoner in custody shall furnish the officer with
15a certificate stating the term of commitment under which the prisoner is being held,
16the time already served, the time remaining to be served on the sentence, the amount
17of good time earned, the time of parole eligibility
or date of release to community
18supervision of the prisoner, and any decisions of the state parole agency relating to
19the prisoner. Said authorities simultaneously shall furnish all other officers and
20appropriate courts in the receiving state who lodged detainers against the prisoner
21with similar certificates and with notices informing them of the request for custody
22or availability and of the reasons therefor.
AB351, s. 297
23Section
297. 977.05 (6) (h) (intro.) of the statutes is amended to read:
AB351,100,3
1977.05
(6) (h) (intro.) The state public defender may not provide legal services
2or assign counsel in parole
or community supervision revocation proceedings unless
3all of the following apply:
AB351, s. 298
4Section
298. 977.05 (6) (h) 1. of the statutes is amended to read:
AB351,100,65
977.05
(6) (h) 1. The parolee
or person on community supervision is contesting
6the revocation of parole
or community supervision.
AB351, s. 299
7Section
299. 977.05 (6) (h) 2. of the statutes is amended to read:
AB351,100,108
977.05
(6) (h) 2. The department of corrections seeks to have the parolee
or
9person on community supervision imprisoned upon the revocation of parole
or
10community supervision.
AB351, s. 300
11Section
300. 978.07 (1) (c) 1. of the statutes is amended to read:
AB351,100,1812
978.07
(1) (c) 1. Any case record of a felony punishable by life imprisonment
13or a related case, after the defendant's parole eligibility date under s. 304.06 (1) or
14973.014
(1) or date of eligibility for release to community supervision under s.
15973.014 (1g) (a) 1. or 2., whichever is applicable, or 50 years after the commencement
16of the action, whichever occurs later. If there is no parole eligibility date
or no date
17for release to community supervision, the district attorney may destroy the case
18record after the defendant's death.
AB351, s. 301
19Section
301. 980.015 (2) (a) of the statutes is amended to read:
AB351,100,2220
980.015
(2) (a) The anticipated discharge from a sentence, anticipated release
21on parole
or community supervision or anticipated release from imprisonment of a
22person who has been convicted of a sexually violent offense.
AB351, s. 302
23Section
302. 980.02 (1) (b) 2. of the statutes is amended to read:
AB351,101,324
980.02
(1) (b) 2. The county in which the person will reside or be placed upon
25his or her discharge from a sentence, release on parole
or community supervision,
1release from imprisonment, from a secured correctional facility, as defined in s.
2938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or
3from a commitment order.
AB351, s. 303
4Section
303. 980.02 (2) (ag) of the statutes is amended to read:
AB351,101,115
980.02
(2) (ag) The person is within 90 days of discharge or release, on parole
,
6community supervision or otherwise, from a sentence that was imposed for a
7conviction for a sexually violent offense, from a secured correctional facility, as
8defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02
9(15g), if the person was placed in the facility for being adjudicated delinquent under
10s. 938.34 on the basis of a sexually violent offense or from a commitment order that
11was entered as a result of a sexually violent offense.
AB351, s. 304
12Section
304. 980.02 (4) (am) of the statutes is amended to read:
AB351,101,1713
980.02
(4) (am) The circuit court for the county in which the person will reside
14or be placed upon his or her discharge from a sentence, release on parole
or
15community supervision, release from imprisonment, from a secured correctional
16facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined
17in s. 938.02 (15g), or from a commitment order.
AB351,102,319
(1)
Increase in felony penalties. The treatment of sections 71.83 (2) (b), 139.44
20(1m), (2) and (8) (c), 139.95 (2) and (3), 291.97 (2) (b) (intro.) and (c), 341.605 (3),
21342.06 (2), 342.065 (4) (b), 342.155 (4) (b), 342.156 (6) (b), 342.30 (3) (a), 342.32 (3),
22346.17 (3) (a), (b), (c) and (d), 346.65 (5), 346.74 (5) (b), (c) and (d), 939.50 (3) (b), (bc),
23(c), (d) and (e), 961.41 (1) (a), (b), (cm) 1., 2., 3., 4. and 5., (d) 1., 2., 3., 4., 5. and 6., (e)
241., 2., 3., 4., 5. and 6., (f) 1., 2. and 3., (g) 1., 2. and 3., (h) 1., 2. and 3., (i) and (j), (1m)
25(a), (b), (cm) 1., 2., 3., 4. and 5., (d) 1., 2., 3., 4., 5. and 6., (e) 1., 2., 3., 4., 5. and 6., (f)
11., 2. and 3., (g) 1., 2. and 3., (h) 1., 2. and 3., (i) and (j), (1n) (c), (2) (a), (b), (c) and (d),
2(3g) (a) 1. and 2. and (4) (am) 3., 961.42 (2), 961.43 (2) and 961.455 (1) of the statutes
3applies to offenses committed on or after the effective date of this subsection.
AB351,102,145
(1)
Increase in felony penalties. The treatment of sections 71.83 (2) (b), 139.44
6(1m), (2) and (8) (c), 139.95 (2) and (3), 291.97 (2) (b) (intro.) and (c), 341.605 (3),
7342.06 (2), 342.065 (4) (b), 342.155 (4) (b), 342.156 (6) (b), 342.30 (3) (a), 342.32 (3),
8346.17 (3) (a), (b), (c) and (d), 346.65 (5), 346.74 (5) (b), (c) and (d), 939.50 (3) (b), (bc),
9(c), (d) and (e), 961.41 (1) (a), (b), (cm) 1., 2., 3., 4. and 5., (d) 1., 2., 3., 4., 5. and 6., (e)
101., 2., 3., 4., 5. and 6., (f) 1., 2. and 3., (g) 1., 2. and 3., (h) 1., 2. and 3., (i) and (j), (1m)
11(a), (b), (cm) 1., 2., 3., 4. and 5., (d) 1., 2., 3., 4., 5. and 6., (e) 1., 2., 3., 4., 5. and 6., (f)
121., 2. and 3., (g) 1., 2. and 3., (h) 1., 2. and 3., (i) and (j), (1n) (c), (2) (a), (b), (c) and (d),
13(3g) (a) 1. and 2. and (4) (am) 3., 961.42 (2), 961.43 (2) and 961.455 (1) of the statutes
14and
Section 305 (1) of this act take effect on July 1, 1998.