AB351: Bill Text

LRB-3154/1

JEO:kaf:arm

1997 - 1998 LEGISLATURE

1997 Assembly BILL 351

May 6, 1997 - Introduced by Representatives Sykora, Walker, Goetsch, Green, Dobyns, Duff, Foti, Freese, Gunderson, Hahn, Hoven, Huebsch, Jensen, Jeskewitz, Kelso, Kreibich, Krusick, Ladwig, Musser, Nass, Ott, Owens, Porter, Rutkowski, Schafer, Skindrud, Vrakas, Ward, Ziegelbauer, Zukowski and Lazich, cosponsored by Senators Adelman, Grobschmidt, Huelsman, Zien, Roessler, Drzewiecki, Farrow, Schultz, Weeden and Welch. Referred to Committee on Criminal Justice and Corrections.

AB351,4,2 An Act to renumber and amend 301.048 (6) and 303.065 (1); to amend 19.85 (1) (d), 20.410 (1) (b), 20.410 (1) (bn), 20.410 (1) (d), 20.410 (1) (g), 20.410 (1) (gb), 20.410 (1) (gc), 20.410 (1) (ge), 20.410 (1) (gf), 46.21 (1) (d), 46.23 (2) (a), 46.48 (8) (d) 1., 48.78 (2) (d) 5., 51.15 (1) (b) 2., 51.20 (1) (ar) (intro.), 51.20 (13) (g) 2m., 51.30 (4) (b) 10. (intro.), 51.30 (4) (b) 10. a., 51.30 (4) (b) 10. b., 51.30 (4) (b) 10. d., 51.37 (8) (a), 51.37 (8) (b), 51.37 (11), 71.83 (2) (b), 106.215 (8g) (b), 111.32 (3), 132.13 (1) (a), 139.44 (1m), 139.44 (2), 139.44 (8) (c), 139.95 (2), 139.95 (3), 165.76 (1) (a), 165.76 (1) (e), 165.76 (2) (b) 1., 165.76 (2) (b) 2., 165.76 (2) (b) 3m., 165.76 (2) (b) 5., 165.76 (2) (b) 6., 165.84 (5), 227.03 (4), 230.36 (1), 230.36 (3) (c) (intro.), 230.36 (3) (c) 2., 230.36 (3) (c) 3., 291.97 (2) (b) (intro.), 291.97 (2) (c), 301.03 (2r), 301.03 (3), 301.03 (3g), 301.048 (1) (a), 301.048 (2) (d), 301.048 (4) (a), 301.048 (4) (am), 301.048 (4m) (b) (intro.), 301.048 (4m) (b) 1., 301.048 (4m) (b) 2., 301.049 (2) (a) 2., 301.049 (3) (e), 301.08 (1) (c) 1. a., 301.08 (1) (c) 1. b., 301.08 (1) (c) 2., 301.132 (2), 301.132 (3), 301.21 (1) (h), 301.32 (3) (a), 301.32 (3) (b), 301.38 (1) (am), 301.45 (1) (b), 301.45 (1) (bm), 301.45 (1) (dh), 301.45 (2) (a) 4. b., 301.45 (2) (e) 1., 301.45 (2) (e) 2., 301.45 (3) (a) 1m., 301.45 (3) (a) 2., 301.45 (3) (b) 2., 301.45 (3) (b) 4., 301.45 (5) (a) 1m., 301.46 (2) (b) 4. b., 302.045 (1), 302.045 (3), 302.11 (1), 302.11 (1g) (am), 302.11 (1i), 302.11 (1p), 302.11 (6), 302.11 (9), 302.14, 302.17 (2), 302.25 (4) (c), 302.33 (2) (a) (intro.), 302.33 (2) (b), 302.335 (title), 302.335 (2) (intro.), 302.335 (2) (a) (intro.), 302.335 (2) (a) 1., 302.335 (2) (a) 2., 302.335 (2) (a) 3., 302.335 (2) (b), 302.335 (3), 302.335 (4), 303.21 (1) (a), 303.215, 304.02 (3) (c), 304.02 (4), 304.02 (5), 304.06 (1) (b), 304.06 (1y), 304.062 (title), 304.062 (1), 304.062 (2), 304.063 (title), 304.063 (2) (intro.), 304.063 (3), 304.071 (2), 304.072 (title), 304.072 (1), 304.072 (2), 304.072 (3), 304.072 (4), 304.073 (2), 304.074 (title), 304.074 (2), 304.074 (3) (intro.), 304.074 (3) (d), 304.074 (4), 304.075, 304.13 (1) (intro.), 304.13 (2), 304.13 (3), 304.13 (7), 304.13 (8) (b), 304.135, 304.137, 304.14, 341.605 (3), 342.06 (2), 342.065 (4) (b), 342.155 (4) (b), 342.156 (6) (b), 342.30 (3) (a), 342.32 (3), 343.06 (1) (i), 343.30 (2d), 346.17 (3) (a), 346.17 (3) (b), 346.17 (3) (c), 346.17 (3) (d), 346.65 (5), 346.74 (5) (b), 346.74 (5) (c), 346.74 (5) (d), 563.14 (2), 563.27 (1), 563.51 (29) (b), 801.50 (5), 938.183 (2) (b), 938.78 (2) (d) 5., 938.991 (1), 938.991 (3) (c), 938.991 (5) (a), 938.991 (5) (am), 938.991 (6), 938.991 (7) (title), 938.991 (7) (a), 938.991 (7) (b), 938.991 (7) (c), 938.991 (14), 938.993 (2), 939.50 (3) (b), 939.50 (3) (bc), 939.50 (3) (c), 939.50 (3) (d), 939.50 (3) (e), 939.62 (2m) (b), 940.20 (2m) (title), 940.20 (2m) (a) 2., 940.20 (2m) (b), 942.06 (2m) (a), 942.06 (2q) (a) (intro.), 946.42 (1) (a), 946.46, 950.045, 961.41 (1) (a), 961.41 (1) (b), 961.41 (1) (cm) 1., 961.41 (1) (cm) 2., 961.41 (1) (cm) 3., 961.41 (1) (cm) 4., 961.41 (1) (cm) 5., 961.41 (1) (d) 1., 961.41 (1) (d) 2., 961.41 (1) (d) 3., 961.41 (1) (d) 4., 961.41 (1) (d) 5., 961.41 (1) (d) 6., 961.41 (1) (e) 1., 961.41 (1) (e) 2., 961.41 (1) (e) 3., 961.41 (1) (e) 4., 961.41 (1) (e) 5., 961.41 (1) (e) 6., 961.41 (1) (f) 1., 961.41 (1) (f) 2., 961.41 (1) (f) 3., 961.41 (1) (g) 1., 961.41 (1) (g) 2., 961.41 (1) (g) 3., 961.41 (1) (h) 1., 961.41 (1) (h) 2., 961.41 (1) (h) 3., 961.41 (1) (i), 961.41 (1) (j), 961.41 (1m) (a), 961.41 (1m) (b), 961.41 (1m) (cm) 1., 961.41 (1m) (cm) 2., 961.41 (1m) (cm) 3., 961.41 (1m) (cm) 4., 961.41 (1m) (cm) 5., 961.41 (1m) (d) 1., 961.41 (1m) (d) 2., 961.41 (1m) (d) 3., 961.41 (1m) (d) 4., 961.41 (1m) (d) 5., 961.41 (1m) (d) 6., 961.41 (1m) (e) 1., 961.41 (1m) (e) 2., 961.41 (1m) (e) 3., 961.41 (1m) (e) 4., 961.41 (1m) (e) 5., 961.41 (1m) (e) 6., 961.41 (1m) (f) 1., 961.41 (1m) (f) 2., 961.41 (1m) (f) 3., 961.41 (1m) (g) 1., 961.41 (1m) (g) 2., 961.41 (1m) (g) 3., 961.41 (1m) (h) 1., 961.41 (1m) (h) 2., 961.41 (1m) (h) 3., 961.41 (1m) (i), 961.41 (1m) (j), 961.41 (1n) (c), 961.41 (2) (a), 961.41 (2) (b), 961.41 (2) (c), 961.41 (2) (d), 961.41 (3g) (a) 1., 961.41 (3g) (a) 2., 961.41 (4) (am) 3., 961.42 (2), 961.43 (2), 961.455 (1), 961.49 (2) (a), 961.49 (2) (b), 969.01 (4), 971.11 (1), 972.13 (6), 972.15 (5) (intro.), 973.013 (1) (b), 973.013 (2), 973.0135 (2) (intro.), 973.014 (title), 973.014 (1) (intro.), 973.014 (1) (c), 973.014 (2), 973.032 (5), 973.10 (1), 973.15 (2) (b), 973.15 (6), 973.155 (1) (b), 973.155 (2), 973.155 (5), 973.20 (1r), 973.20 (10), 975.10 (1), 976.03 (3), 976.03 (13), 976.03 (22), 976.03 (23) (b), 976.03 (27) (a), 976.05 (3) (a), 976.05 (4) (b), 977.05 (6) (h) (intro.), 977.05 (6) (h) 1., 977.05 (6) (h) 2., 978.07 (1) (c) 1., 980.015 (2) (a), 980.02 (1) (b) 2., 980.02 (2) (ag) and 980.02 (4) (am); and to create 301.048 (2) (cm), 301.048 (6) (b), 301.35 (2) (bm), 302.11 (1z), 302.113, 302.114, 304.02 (6), 973.01 and 973.014 (1g) of the statutes; relating to: sentences for felony offenses, parole, community supervision, granting rule-making authority and providing penalties.

Analysis by the Legislative Reference Bureau

This bill makes the following changes relating to the length and structure of sentences in felony cases:

Felony penalties

Current law provides penalties for felonies, which are crimes punishable by imprisonment of more than one year. A felony created in the criminal code is put in one of 6 classes (Class A, B, BC, C, D or E) and each class has a specific maximum term of imprisonment and a maximum fine. The maximum terms of imprisonment under current law for the classes of felonies (other than Class A felonies, which are punishable by life imprisonment) are as follows: - See PDF for table

This bill increases the length of sentences for the classes of felonies created in the criminal code, other than those punishable by life imprisonment, that are committed on or after July 1, 1998. The maximum terms of imprisonment for the classes of felonies under the bill are as follows: - See PDF for table

The bill also increases penalties for felony violations relating to controlled substances (dangerous drugs), motor vehicles, taxation and hazardous waste management. The bill increases the maximum term of imprisonment for these felonies by 50% or one year, whichever is greater. Thus, under the bill, a maximum penalty under current law of one year of imprisonment is increased to 2 years of imprisonment, while a maximum penalty under current law of 5 years of imprisonment is increased to 7 years and 6 months.

Sentences for felony offenses

Currently, person serving a sentence of imprisonment to a state prison usually has 3 possible ways of being released on parole: discretionary parole granted by the parole commission (for which a person is usually eligible after serving 25% of the sentence or 6 months, whichever is greater); mandatory release on parole (usually granted automatically after the person serves two-thirds of the sentence); or special action parole release by the secretary of corrections (a program designed to relieve prison crowding).

However, current law also provides different parole eligibility provisions for certain serious felony offenders. If a serious felony offender has one or more prior convictions for a serious felony, a judge may set a discretionary parole eligibility date for the offender that is later than 25% of the sentence or 6 months but not later than the mandatory release date of two-thirds of the sentence. In addition, certain serious felony offenders need not be automatically released when they reach their mandatory release dates. Instead, the parole commission may deny mandatory release to such an offender in order to protect the public or because the offender refused to participate in counseling or treatment. The serious felony offenders covered by these parole provisions include persons convicted of serious violations such as homicide, battery, sexual assault, mayhem, kidnapping, taking hostages, arson, armed burglary, armed robbery, carjacking, assault by a prisoner, crimes against children and controlled substances.

Under this bill, if a court chooses to sentence a felony offender to a term of imprisonment in state prison for a felony committed on or after July 1, 1998, the court must do so by providing a bifurcated sentence that includes a term of confinement in prison followed by a term of community supervision. The offender is not eligible for parole. A bifurcated sentence imposed under the bill must be structured as follows:

1. The total length of the bifurcated sentence may not exceed the maximum term of imprisonment allowable for the felony.

2. The court must set the term of confinement in prison portion of the sentence to be at least one year but not more than 40 years for a Class B felony, 20 years for a Class BC felony, 10 years for a Class C felony, 5 years for a Class D felony or 2 years for a Class E felony. If the person is being sentenced for a felony that is not in one of these classes, the term of confinement in prison portion of the sentence must be at least one year but not more than 75% of the total length of the bifurcated sentence.

3. The term of community supervision must equal at least 25% of the length of the term of confinement in prison.

Thus, for example, if a person is convicted of a Class B felony and a judge sentenced the person to the maximum allowable 40-year term of confinement in prison, the term of community supervision would have to be at least 10 years but could not be more than 20 years.

After the person completes the term of confinement in prison portion of the sentence, he or she serves the term of community supervision in which he or she is subject to conditions set by both the court and the department of corrections (DOC) and is subject to supervision by DOC. If a person violates a condition of community supervision, community supervision may be revoked and the person may be returned to serve a period of time in prison.

Under current law, a person serving a life sentence usually must serve 20 years minus time calculated under the mandatory release formula before he or she is eligible for release on parole. If the person does not receive extensions due to violations of prison rules, he or she reaches parole eligibility after serving 13 years, 4 months. However, a judge may set a parole eligibility date for a person serving a life sentence that is later than the usual parole eligibility date or may provide that the person is not eligible for parole. Also, if a person has 2 convictions for any of certain serious felonies and is then convicted a 3rd time for another serious felony, he or she must be sentenced to life without parole (the so-called "3 strikes, you're out" law). No person serving a life sentence is entitled to mandatory release.

This bill provides that a person sentenced to life imprisonment for a crime committed on or after July 1, 1998, is not eligible for parole. Instead, the bill requires a judge who is sentencing a person to life imprisonment to do one of the following: 1) provide that the person is eligible for community supervision after serving 20 years; 2) set a date on which the person becomes eligible for community supervision, as long as that date requires the person to serve at least 20 years; or 3) provide that the person is not eligible for community supervision. If the court provides that the person is eligible for community supervision, the person may petition the sentencing court for release to community supervision on or after the community supervision eligibility date. A person sentenced to life who is released to community supervision is on community supervision for the remainder of his or her life and, like a person on community supervision under a bifurcated sentence (see above), may have his or her community supervision revoked and be returned to prison if he or she violates a condition of community supervision. The bill does not affect persons sentenced to life imprisonment without the possibility of parole under the "3 strikes, you're out" law.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB351, s. 1 Section 1. 19.85 (1) (d) of the statutes is amended to read:

AB351,6,4 19.85 (1) (d) Except as provided by rule promulgated under s. 304.06 (1) (em), considering specific applications of probation, community supervision or parole, or considering strategy for crime detection or prevention.

AB351, s. 2 Section 2. 20.410 (1) (b) of the statutes is amended to read:

AB351,7,2 20.410 (1) (b) Field supervision. The amounts in the schedule to provide services related to probation, community supervision and parole. No payments may be made under this paragraph for payments in accordance with other states party to the interstate corrections compact under s. 302.25.

AB351, s. 3 Section 3. 20.410 (1) (bn) of the statutes is amended to read:

AB351,7,8 20.410 (1) (bn) (title) Reimbursing counties for probation, community supervision and parole holds. The amounts in the schedule for payments to counties under s. 302.33 (2) (a) for costs relating to maintaining persons in custody pending the disposition of their parole, community supervision or probation revocation proceedings.

AB351, s. 4 Section 4. 20.410 (1) (d) of the statutes is amended to read:

AB351,7,14 20.410 (1) (d) Purchased services for offenders. The amounts in the schedule for the purchase of goods, care and services, authorized under s. 301.08 (1) (b) 1., for probationers, parolees, persons on community supervision and other offenders, except as provided in par. (dd). In addition, funds from this appropriation shall be used to reimburse programs under s. 38.04 (12).

AB351, s. 5 Section 5. 20.410 (1) (g) of the statutes is amended to read:

AB351,7,20 20.410 (1) (g) (title) Loan fund for persons on probation, community supervision or parole. The amounts in the schedule for the purposes specified in ss. 301.32 (3) and 304.075. All moneys received belonging to absconding probationers and, parolees, and persons on community supervision under ss. 301.32 (3) and 304.075 shall be credited to this appropriation.

AB351, s. 6 Section 6. 20.410 (1) (gb) of the statutes is amended to read:

AB351,8,2 20.410 (1) (gb) Drug testing. All moneys received from probation, community supervision and parole clients who are required to pay for their drug testing, as prescribed by rule in accordance with s. 301.03 (3), for expenditures related to the drug testing program for probationers and, parolees and persons on community supervision under s. 301.03 (3).

AB351, s. 7 Section 7. 20.410 (1) (gc) of the statutes is amended to read:

AB351,8,8 20.410 (1) (gc) Sex offender honesty testing. All moneys received from probation, community supervision and parole clients who are required to pay for polygraph examinations, as prescribed by rule in accordance with s. 301.132 (3), for expenditures related to the lie detector test program for probationers , community supervision and parolees under s. 301.132.

AB351, s. 8 Section 8. 20.410 (1) (ge) of the statutes is amended to read:

AB351,8,15 20.410 (1) (ge) Administrative and minimum supervision. The amounts in the schedule for the supervision of probationers and, parolees and persons on community supervision under minimum or administrative supervision and for the department's costs associated with contracts under s. 301.08 (1) (c) 2. All moneys received from vendors under contracts under s. 301.08 (1) (c) 2. and from fees charged under s. 304.073 (2) shall be credited to this appropriation account.

AB351, s. 9 Section 9. 20.410 (1) (gf) of the statutes is amended to read:

AB351,8,19 20.410 (1) (gf) Probation, community supervision and parole. The amounts in the schedule for probation, community supervision and parole. All moneys received under s. 304.074 (2) shall be credited to this appropriation account.

AB351, s. 10 Section 10. 46.21 (1) (d) of the statutes is amended to read:

AB351,9,2 46.21 (1) (d) "Human services" means the total range of services to people, including mental illness treatment, developmental disabilities services, physical disabilities services, relief funded by a relief block grant under ch. 49, income maintenance, youth probation, community supervision and parole services, alcohol and drug abuse services, services to children, youth and families, family counseling, exceptional educational services for children from birth to the age of 3 and manpower services.

AB351, s. 11 Section 11. 46.23 (2) (a) of the statutes is amended to read:

AB351,9,9 46.23 (2) (a) "Human services" means the total range of services to people including, but not limited to, health care, mental illness treatment, developmental disabilities services, relief funded by a block grant under ch. 49, income maintenance, probation, community supervision and parole services, alcohol and drug abuse services, services to children, youth and aging, family counseling, exceptional educational services and manpower services.

AB351, s. 12 Section 12. 46.48 (8) (d) 1. of the statutes is amended to read:

AB351,9,15 46.48 (8) (d) 1. The use of liaisons to meet with prospective program participants to provide information about the program and to assist program participants, prior to their release on community supervision or parole, in planning for and obtaining the housing, employment, education and treatment that they will need upon release.