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The State of Wisconsin
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....(Name of defendant)
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UPON ALL THE FILES, RECORDS AND PROCEEDINGS,
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IT IS ADJUDGED That the defendant has been convicted upon the defendant's
21plea of guilty (not guilty and a verdict of guilty) (not guilty and a finding of guilty)
22(no contest) on the.... day of...., 19.., of the crime of.... in violation of s.....; and the
23court having asked the defendant whether the defendant has anything to state why
24sentence should not be pronounced, and no sufficient grounds to the contrary being
25shown or appearing to the court.
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1*IT IS ADJUDGED That the defendant is guilty as convicted.
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*IT IS ADJUDGED That the defendant is hereby committed to the Wisconsin
3state prisons (county jail of.... county) for an indeterminate term of not more than.....
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4*IT IS ADJUDGED That the defendant is ordered to serve a bifurcated
5sentence consisting of .... year(s) of confinement in prison and .... months/years of
6community supervision.
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*IT IS ADJUDGED That the defendant is placed in the intensive sanctions
8program subject to the limitations of section 973.032 (3) of the Wisconsin Statutes
9and the following conditions:....
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*IT IS ADJUDGED That the defendant is hereby committed to detention in
11(the defendant's place of residence or place designated by judge) for a term of not
12more than....
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*IT IS ADJUDGED That the defendant is ordered to pay a fine of $.... (and the
14costs of this action).
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*IT IS ADJUDGED That the defendant pay restitution to....
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*IT IS ADJUDGED That the defendant is restricted in his or her use of
17computers as follows:....
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*The.... at.... is designated as the Reception Center to which the defendant
19shall be delivered by the sheriff.
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*IT IS ORDERED That the clerk deliver a duplicate original of this judgment
21to the sheriff who shall forthwith execute the same and deliver it to the warden.
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Dated this.... day of...., 19...
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BY THE COURT....
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Date of Offense....,
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District Attorney....,
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1Defense Attorney....
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*Strike inapplicable paragraphs.
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STATE OF WISCONSIN
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The State of Wisconsin
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....(Name of defendant)
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On the.... day of...., 19.., the district attorney appeared for the state and the
10defendant appeared in person and by.... the defendant's attorney.
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UPON ALL THE FILES, RECORDS AND PROCEEDINGS
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IT IS ADJUDGED That the defendant has been found not guilty by the verdict
13of the jury (by the court) and is therefore ordered discharged forthwith.
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Dated this.... day of...., 19...
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BY THE COURT....
SB233, s. 270
16Section
270. 972.15 (5) (intro.) of the statutes is amended to read:
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972.15
(5) (intro.) The department may use the presentence investigation
18report for correctional programming, parole consideration or care and treatment of
19any person sentenced to imprisonment or the intensive sanctions program, placed
20on probation, released on parole
or community supervision or committed to the
21department under ch. 51 or 971 or any other person in the custody of the department
22or for research purposes. The department may make the report available to other
23agencies or persons to use for purposes related to correctional programming, parole
24consideration, care and treatment, or research. Any use of the report under this
25subsection is subject to the following conditions:
SB233, s. 271
1Section
271. 973.01 of the statutes is created to read:
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2973.01 Bifurcated sentence of imprisonment and community
3supervision. (1) Bifurcated sentence required. Except as provided in sub. (3),
4whenever a court sentences a person to imprisonment in the Wisconsin state prisons
5for a felony committed on or after July 1, 1998, the court shall impose a bifurcated
6sentence that consists of a term of confinement in prison followed by a term of
7community supervision under s. 302.113.
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8(2) Structure of bifurcated sentences. The court shall ensure that a
9bifurcated sentence imposed under sub. (1) complies with all of the following:
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(a)
Total length of bifurcated sentence. Except as provided in par. (c), the total
11length of the bifurcated sentence may not exceed the maximum period of
12imprisonment for the felony.
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(b)
Imprisonment portion of bifurcated sentence. The portion of the bifurcated
14sentence that imposes a term of confinement in prison may not be less than one year,
15subject to any minimum sentence prescribed for the felony, and, except as provided
16in par. (c), may not exceed whichever of the following is applicable:
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1. For a Class B felony, the term of confinement in prison may not exceed 40
18years.
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2. For a Class BC felony, the term of confinement in prison may not exceed 20
20years.
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3. For a Class C felony, the term of confinement in prison may not exceed 10
22years.
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4. For a Class D felony, the term of confinement in prison may not exceed 5
24years.
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15. For a Class E felony, the term of confinement in prison may not exceed 2
2years.
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6. For any felony other than a felony specified in subds. 1. to 5., the term of
4confinement in prison may not exceed 75% of the total length of the bifurcated
5sentence.
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(c)
Penalty enhancement. The maximum term of confinement in prison
7specified in par. (b) may be increased by any applicable penalty enhancement. If the
8maximum term of confinement in prison specified in par. (b) is increased under this
9paragraph, the total length of the bifurcated sentence that may be imposed is
10increased by the same amount.
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(d)
Minimum term of community supervision. The term of community
12supervision that follows the term of confinement in prison may not be less than 25%
13of the length of the term of confinement in prison imposed under par. (b).
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14(3) Not applicable to life sentences. If a person is being sentenced for a felony
15that is punishable by life imprisonment, he or she is not subject to this section but
16shall be sentenced under s. 973.014 (1g).
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17(4) No good time; extension of term of imprisonment. A person sentenced to
18a bifurcated sentence under sub. (1) shall serve the term of confinement in prison
19portion of the sentence without reduction for good behavior. The term of confinement
20in prison portion is subject to extension under s. 302.113 (3). When the court imposes
21a bifurcated sentence under sub. (1), the court shall inform the person of the
22requirements of this subsection and s. 302.113 (3).
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23(5) Community supervision conditions. Whenever the court imposes a
24bifurcated sentence under sub. (1), the court may impose conditions upon the term
25of community supervision.
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1(6) No parole. A person serving a bifurcated sentence imposed under sub. (1)
2is not eligible for release on parole.
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3(7) No discharge. The department of corrections may not discharge a person
4who is serving a bifurcated sentence from custody, control and supervision until the
5person has served the entire bifurcated sentence, including any periods of extension
6imposed under s. 302.113 (3).
SB233, s. 272
7Section
272. 973.013 (1) (b) of the statutes is amended to read:
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973.013
(1) (b)
The Except as provided in s. 973.01, the sentence shall have the
9effect of a sentence at hard labor for the maximum term fixed by the court, subject
10to the power of actual release from confinement by parole by the department or by
11pardon as provided by law. If a person is sentenced for a definite time for an offense
12for which the person may be sentenced under this section, the person is in legal effect
13sentenced as required by this section, said definite time being the maximum period.
14A defendant convicted of a crime for which the minimum penalty is life shall be
15sentenced for life.
SB233, s. 273
16Section
273. 973.013 (2) of the statutes is amended to read:
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973.013
(2) Upon the recommendation of the department, the governor may,
18without the procedure required by ch. 304, discharge absolutely, or upon such
19conditions and restrictions and under such limitation as the governor thinks proper,
20any inmate committed to the Wisconsin state prisons after he or she has served the
21minimum term of punishment prescribed by law for the offense for which he or she
22was sentenced, except that if the term was life imprisonment, 5 years must elapse
23after
release on parole
or community supervision before such a recommendation can
24be made to the governor. The discharge has the effect of an absolute or conditional
25pardon, respectively.
SB233, s. 274
1Section
274. 973.0135 (2) (intro.) of the statutes is amended to read:
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973.0135
(2) (intro.) Except as provided in sub. (3), when a court sentences a
3prior offender to imprisonment in a state prison for a serious felony committed on or
4after April 21, 1994,
but before July 1, 1998, the court shall make a parole eligibility
5determination regarding the person and choose one of the following options:
SB233, s. 275
6Section
275. 973.014 (title) of the statutes is amended to read:
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7973.014 (title)
Sentence of life imprisonment; parole eligibility
8determination; community supervision eligibility determination.
SB233, s. 276
9Section
276. 973.014 (1) (intro.) of the statutes is amended to read:
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973.014
(1) (intro.) Except as provided in sub. (2), when a court sentences a
11person to life imprisonment for a crime committed on or after July 1, 1988,
but before
12July 1, 1998, the court shall make a parole eligibility determination regarding the
13person and choose one of the following options:
SB233, s. 277
14Section
277. 973.014 (1) (c) of the statutes is amended to read:
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973.014
(1) (c) The person is not eligible for parole. This paragraph applies only
16if the court sentences a person for a crime committed on or after August 31, 1995
, but
17before July 1, 1998.
SB233, s. 278
18Section
278. 973.014 (1g) of the statutes is created to read:
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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:
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1. The person is eligible for release to community supervision after serving 20
24years.
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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.
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3. The person is not eligible for release to community supervision.
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(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.
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(c) A person sentenced to life imprisonment under par. (a) is not eligible for
10release on parole.
SB233, s. 279
11Section
279. 973.014 (2) of the statutes is amended to read:
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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.
SB233, s. 280
15Section
280. 973.032 (5) of the statutes is amended to read:
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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.
SB233, s. 281
20Section
281. 973.10 (1) of the statutes is amended to read:
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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.
SB233, s. 282
1Section
282. 973.15 (2) (b) of the statutes is amended to read:
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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.
SB233, s. 283
13Section
283. 973.15 (6) of the statutes is amended to read:
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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.
SB233, s. 284
17Section
284. 973.155 (1) (b) of the statutes is amended to read:
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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.
SB233, s. 285
22Section
285. 973.155 (2) of the statutes is amended to read:
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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.
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5Section
286. 973.155 (5) of the statutes is amended to read:
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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.
SB233, s. 287
14Section
287. 973.20 (1r) of the statutes is amended to read:
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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.