AP8 AB1: Bill Text

AB1,123,13 *Strike inapplicable paragraphs.

AB1,123,14 STATE OF WISCONSIN

AB1,123,15 .... County

AB1,123,16 In.... Court

AB1,123,17 The State of Wisconsin

AB1,123,18 vs.

AB1,123,19 ....(Name of defendant)

AB1,123,21 On the.... day of...., 19.., the district attorney appeared for the state and the defendant appeared in person and by.... the defendant's attorney.

AB1,123,22 UPON ALL THE FILES, RECORDS AND PROCEEDINGS

AB1,123,24 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.

AB1,123,25 Dated this.... day of...., 19...

AB1,124,1 BY THE COURT....

AB1, s. 412 Section 412. 972.15 (2c) of the statutes is created to read:

AB1,124,7 972.15 (2c) If the defendant is being sentenced under s. 973.01 and he or she satisfies the criteria under s. 302.045 (2) (b) and (c), the person preparing the presentence investigation report shall include in the report a recommendation as to whether the defendant should be eligible for the challenge incarceration program under s. 302.045.

AB1, s. 413 Section 413. 972.15 (5) (intro.) of the statutes is amended to read:

AB1,124,17 972.15 (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 extended 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:

AB1, s. 414 Section 414. 973.01 of the statutes is created to read:

AB1,124,24 973.01 Bifurcated sentence of imprisonment and extended 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, 1999, the court shall impose a bifurcated sentence that consists of a term of confinement in prison followed by a term of extended supervision under s. 302.113.

AB1,125,2 (2) Structure of bifurcated sentences. The court shall ensure that a bifurcated sentence imposed under sub. (1) complies with all of the following:

AB1,125,5 (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.

AB1,125,9 (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:

AB1,125,11 1. For a Class B felony, the term of confinement in prison may not exceed 40 years.

AB1,125,13 2. For a Class BC felony, the term of confinement in prison may not exceed 20 years.

AB1,125,15 3. For a Class C felony, the term of confinement in prison may not exceed 10 years.

AB1,125,17 4. For a Class D felony, the term of confinement in prison may not exceed 5 years.

AB1,125,19 5. For a Class E felony, the term of confinement in prison may not exceed 2 years.

AB1,125,22 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.

AB1,126,2 (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.

AB1,126,5 (d) Minimum term of extended supervision. The term of extended 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).

AB1,126,8 (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).

AB1,126,15 (3m) Challenge incarceration program eligibility. When imposing a bifurcated sentence under this section on a person convicted of a crime other than a crime specified in ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.055, 948.06, 948.07, 948.08 or 948.095, the court shall, as part of the exercise of its sentencing discretion, decide whether the person being sentenced is eligible or ineligible for the challenge incarceration program under s. 302.045 during the term of confinement in prison portion of the bifurcated sentence.

AB1,126,20 (4) No good time; extension or reduction 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) and, if applicable, to reduction under s. 302.045 (3m).

AB1,126,23 (5) extended supervision conditions. Whenever the court imposes a bifurcated sentence under sub. (1), the court may impose conditions upon the term of extended supervision.

AB1,126,25 (6) No parole. A person serving a bifurcated sentence imposed under sub. (1) is not eligible for release on parole.

AB1,127,3 (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.

AB1,127,6 (8) Explanation of sentence. (a) When a court imposes a bifurcated sentence under this section, it shall explain, orally and in writing, all of the following to the person being sentenced:

AB1,127,7 1. The total length of the bifurcated sentence.

AB1,127,9 2. The amount of time the person will serve in prison under the term of confinement in prison portion of the sentence.

AB1,127,12 3. The amount of time the person will spend on extended supervision, assuming that the person does not commit any infraction of prison rules that results in the extension of the term of confinement in prison under s. 302.113 (3).

AB1,127,16 4. That the amount of time the person must actually serve in prison may be extended as provided under s. 302.113 (3) for infractions of prison rules and that because of extensions under s. 302.113 (3) the person could serve the entire bifurcated sentence in prison.

AB1,127,19 5. That the person will be subject to certain conditions while on release to extended supervision, and that violation of any of those conditions may result in the person being returned to prison, as provided under s. 302.113 (9).

AB1,127,22 (am) If the court provides under sub. (3m) that the person is eligible for the challenge incarceration program, the court shall also inform the person of the provisions of s. 302.045 (3m).

AB1,127,25 (b) The court's explanation under par. (a) 3. of a person's potential period of extended supervision does not create a right to a minimum period of extended supervision.

AB1, s. 415 Section 415. 973.013 (1) (b) of the statutes is amended to read:

AB1,128,9 973.013 (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.

AB1, s. 416 Section 416. 973.013 (2) of the statutes is amended to read:

AB1,128,19 973.013 (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 extended supervision before such a recommendation can be made to the governor. The discharge has the effect of an absolute or conditional pardon, respectively.

AB1, s. 417 Section 417. 973.0135 (2) (intro.) of the statutes is amended to read:

AB1,128,24 973.0135 (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, 1999, the court shall make a parole eligibility determination regarding the person and choose one of the following options:

AB1, s. 418 Section 418. 973.014 (title) of the statutes is amended to read:

AB1,129,2 973.014 (title) Sentence of life imprisonment; parole eligibility determination; extended supervision eligibility determination.

AB1, s. 419 Section 419. 973.014 (1) (intro.) of the statutes is amended to read:

AB1,129,7 973.014 (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, 1999, the court shall make a parole eligibility determination regarding the person and choose one of the following options:

AB1, s. 420 Section 420. 973.014 (1) (c) of the statutes is amended to read:

AB1,129,11 973.014 (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, 1999.

AB1, s. 421 Section 421. 973.014 (1g) of the statutes is created to read:

AB1,129,16 973.014 (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, 1999, the court shall make an extended supervision eligibility date determination regarding the person and choose one of the following options:

AB1,129,18 1. The person is eligible for release to extended supervision after serving 20 years.

AB1,129,22 2. The person is eligible for release to extended 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.

AB1,129,23 3. The person is not eligible for release to extended supervision.

AB1,130,3 (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 extended supervision.

AB1,130,5 (c) A person sentenced to life imprisonment under par. (a) is not eligible for release on parole.

AB1, s. 422 Section 422. 973.014 (2) of the statutes is amended to read:

AB1,130,9 973.014 (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 extended supervision.

AB1, s. 423 Section 423. 973.032 (1) of the statutes is amended to read:

AB1,130,15 973.032 (1) Sentence. Beginning July 1, 1992, a court may sentence a person who is convicted of a felony occurring on or after August 15, 1991, but before July 1, 1999, to participate in the intensive sanctions program under s. 301.048. If a person is convicted of a felony occurring on or after July 1, 1999, a court may not sentence the person to participate in the intensive sanctions program under s. 301.048.

AB1, s. 424 Section 424. 973.10 (1) of the statutes is amended to read:

AB1,130,21 973.10 (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 extended supervision.

AB1, s. 425 Section 425. 973.15 (2) (b) of the statutes is amended to read:

AB1,131,7 973.15 (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 extended 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.

AB1, s. 426 Section 426. 973.15 (6) of the statutes is amended to read:

AB1,131,11 973.15 (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, 1999, but confined in a federal institution or an institution in another state.

AB1, s. 427 Section 427. 973.155 (1) (b) of the statutes is amended to read:

AB1,131,16 973.155 (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, extended 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.

AB1, s. 428 Section 428. 973.155 (2) of the statutes is amended to read:

AB1,131,24 973.155 (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, extended 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.

AB1, s. 429 Section 429. 973.155 (5) of the statutes is amended to read:

AB1,132,8 973.155 (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, extended 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.

AB1, s. 430 Section 430. 973.20 (1r) of the statutes is amended to read:

AB1,132,21 973.20 (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, extended supervision or parole served by the defendant for a crime for which the defendant was convicted. After the termination of probation, extended supervision or parole, or if the defendant is not placed on probation, extended 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.

AB1, s. 431 Section 431. 973.20 (10) of the statutes is amended to read:

AB1,133,3 973.20 (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, extended 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).

AB1, s. 432 Section 432. 975.10 (1) of the statutes is amended to read:

AB1,133,16 975.10 (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, extended supervision and parole agents of the department of corrections shall supervise persons paroled under this section.

AB1, s. 433 Section 433. 976.03 (3) of the statutes is amended to read:

AB1,134,8 976.03 (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, extended 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.

AB1, s. 434 Section 434. 976.03 (13) of the statutes is amended to read:

AB1,135,3 976.03 (13) Arrest prior to requisition. Whenever any person within this state shall be charged on the oath of any credible person before any judge of this state with the commission of any crime in any other state and, except in cases arising under sub. (6), with having fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his or her bail, probation, extended supervision or parole, or whenever complaint shall have been made before any judge in this state setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime, and, except in cases arising under sub. (6), has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his or her bail, probation, extended supervision or parole, and is believed to be in this state, the judge shall issue a warrant directed to any peace officer commanding the officer to apprehend the person named therein, wherever the person may be found in this state, and to bring the person before the same or any other judge or court who or which may be available in or convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit; and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.

AB1, s. 435 Section 435. 976.03 (22) of the statutes is amended to read: