SB233, s. 257
23Section
257. 961.41 (2) (c) of the statutes is amended to read:
SB233,81,2524
961.41
(2) (c) A counterfeit substance included in schedule IV, may be fined not
25more than $10,000 or imprisoned for not more than
3
4 years
and 6 months or both.
SB233, s. 258
1Section
258. 961.41 (2) (d) of the statutes is amended to read:
SB233,82,32
961.41
(2) (d) A counterfeit substance included in schedule V, may be fined not
3more than $5,000 or imprisoned for not more than
one year 2 years or both.
SB233, s. 259
4Section
259. 961.41 (3g) (a) 1. of the statutes is amended to read:
SB233,82,115
961.41
(3g) (a) 1. Except as provided in subd. 2., if the person possesses a
6controlled substance included in schedule I or II which is a narcotic drug, or
7possesses a controlled substance analog of a controlled substance included in
8schedule I or II which is a narcotic drug, the person may, upon a first conviction, be
9fined not more than $5,000 or imprisoned for not more than
one year 2 or both, and
10for a 2nd or subsequent offense, the person may be fined not more than $10,000 or
11imprisoned for not more than
2 3 years or both.
SB233, s. 260
12Section
260. 961.41 (3g) (a) 2. of the statutes is amended to read:
SB233,82,1513
961.41
(3g) (a) 2. If the person possesses or attempts to possess heroin or a
14controlled substance analog of heroin, the person may be fined not more than $5,000
15or imprisoned for not more than
one year 2 years or both.
SB233, s. 261
16Section
261. 961.41 (4) (am) 3. of the statutes is amended to read:
SB233,82,1817
961.41
(4) (am) 3. A person convicted of violating this paragraph may be fined
18not more than $5,000 or imprisoned for not more than
one year 2 years or both.
SB233, s. 262
19Section
262. 961.42 (2) of the statutes is amended to read:
SB233,82,2120
961.42
(2) Any person who violates this section may be fined not more than
21$25,000 or imprisoned not more than
one year 2 years or both.
SB233, s. 263
22Section
263. 961.43 (2) of the statutes is amended to read:
SB233,82,2423
961.43
(2) Any person who violates this section may be fined not more than
24$30,000 or imprisoned not more than
4 6 years or both.
SB233, s. 264
25Section
264. 961.455 (1) of the statutes is amended to read:
SB233,83,4
1961.455
(1) Any person who has attained the age of 17 years who knowingly
2solicits, hires, directs, employs or uses a person who is 17 years of age or under for
3the purpose of violating s. 961.41 (1) may be fined not more than $50,000 or
4imprisoned for not more than
10 15 years or both.
SB233, s. 265
5Section
265. 961.49 (2) (a) of the statutes is amended to read:
SB233,83,206
961.49
(2) (a) Except as provided in par. (b), if any person violates s. 961.41 (1)
7by delivering or distributing, or violates s. 961.41 (1m) by possessing with intent to
8deliver or distribute, a controlled substance included in schedule I or II or a
9controlled substance analog of a controlled substance included in schedule I or II
10while in or on the premises of a scattered-site public housing project, while in or on
11or otherwise within 1,000 feet of a state, county, city, village or town park, a jail or
12correctional facility, a multiunit public housing project, a swimming pool open to
13members of the public, a youth center or a community center, while in or on or
14otherwise within 1,000 feet of any private or public school premises or while in or on
15or otherwise within 1,000 feet of a school bus, as defined in s. 340.01 (56), the court
16shall sentence the person to at least 3 years in prison, but otherwise the penalties
17for the crime apply. Except as provided in s. 961.438, the court shall not place the
18person on probation.
The Except as provided in s. 973.01 (6), the person is not eligible
19for parole until he or she has served at least 3 years, with no modification by the
20calculation under s. 302.11 (1).
SB233, s. 266
21Section
266. 961.49 (2) (b) of the statutes is amended to read:
SB233,84,422
961.49
(2) (b) If the conduct described in par. (a) involves only the delivery or
23distribution, or the possession with intent to deliver or distribute, of not more than
2425 grams of tetrahydrocannabinols, included in s. 961.14 (4) (t), or not more than 5
25plants containing tetrahydrocannabinols, the court shall sentence the person to at
1least one year in prison, but otherwise the penalties for the crime apply. Except as
2provided in s. 961.438, the court shall not place the person on probation.
The Except
3as provided in s. 973.01 (6), the person is not eligible for parole until he or she has
4served at least one year, with no modification by the calculation under s. 302.11 (1).
SB233, s. 267
5Section
267. 969.01 (4) of the statutes is amended to read:
SB233,84,236
969.01
(4) Considerations in setting conditions of release. If bail is imposed,
7it shall be only in the amount found necessary to assure the appearance of the
8defendant. Conditions of release, other than monetary conditions, may be imposed
9for the purpose of protecting members of the community from serious bodily harm
10or preventing intimidation of witnesses. Proper considerations in determining
11whether to release the defendant without bail, fixing a reasonable amount of bail or
12imposing other reasonable conditions of release are: the ability of the arrested person
13to give bail, the nature, number and gravity of the offenses and the potential penalty
14the defendant faces, whether the alleged acts were violent in nature, the defendant's
15prior record of criminal convictions and delinquency adjudications, if any, the
16character, health, residence and reputation of the defendant, the character and
17strength of the evidence which has been presented to the judge, whether the
18defendant is currently on probation
, community supervision or parole, whether the
19defendant is already on bail or subject to other release conditions in other pending
20cases, whether the defendant has been bound over for trial after a preliminary
21examination, whether the defendant has in the past forfeited bail or violated a
22condition of release or was a fugitive from justice at the time of arrest, and the policy
23against unnecessary detention of the defendant's pending trial.
SB233, s. 268
24Section
268. 971.11 (1) of the statutes is amended to read:
SB233,85,10
1971.11
(1) Whenever the warden or superintendent receives notice of an
2untried criminal case pending in this state against an inmate of a state prison, the
3warden or superintendent shall, at the request of the inmate, send by certified mail
4a written request to the district attorney for prompt disposition of the case. The
5request shall state the sentence then being served, the date of parole eligibility, if
6applicable,
or the date of release to community supervision, the approximate
7discharge or conditional release date, and prior decision relating to parole. If there
8has been no preliminary examination on the pending case, the request shall state
9whether the inmate waives such examination, and, if so, shall be accompanied by a
10written waiver signed by the inmate.
SB233, s. 269
11Section
269. 972.13 (6) of the statutes is amended to read:
SB233,85,1212
972.13
(6) The following forms may be used for judgments:
SB233,85,1313
STATE OF WISCONSIN
SB233,85,1414
.... County
SB233,85,1515
In.... Court
SB233,85,1616
The State of Wisconsin
SB233,85,1818
....(Name of defendant)
SB233,85,1919
UPON ALL THE FILES, RECORDS AND PROCEEDINGS,
SB233,85,2520
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.
SB233,86,1
1*IT IS ADJUDGED That the defendant is guilty as convicted.
SB233,86,32
*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.....
SB233,86,6
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.
SB233,86,97
*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:....
SB233,86,1210
*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....
SB233,86,1413
*IT IS ADJUDGED That the defendant is ordered to pay a fine of $.... (and the
14costs of this action).
SB233,86,1515
*IT IS ADJUDGED That the defendant pay restitution to....
SB233,86,1716
*IT IS ADJUDGED That the defendant is restricted in his or her use of
17computers as follows:....
SB233,86,1918
*The.... at.... is designated as the Reception Center to which the defendant
19shall be delivered by the sheriff.
SB233,86,2120
*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.
SB233,86,2222
Dated this.... day of...., 19...
SB233,86,2323
BY THE COURT....
SB233,86,2424
Date of Offense....,
SB233,86,2525
District Attorney....,
SB233,87,1
1Defense Attorney....
SB233,87,22
*Strike inapplicable paragraphs.
SB233,87,33
STATE OF WISCONSIN
SB233,87,66
The State of Wisconsin
SB233,87,88
....(Name of defendant)
SB233,87,109
On the.... day of...., 19.., the district attorney appeared for the state and the
10defendant appeared in person and by.... the defendant's attorney.
SB233,87,1111
UPON ALL THE FILES, RECORDS AND PROCEEDINGS
SB233,87,1312
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.
SB233,87,1414
Dated this.... day of...., 19...
SB233,87,1515
BY THE COURT....
SB233, s. 270
16Section
270. 972.15 (5) (intro.) of the statutes is amended to read:
SB233,87,2517
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:
SB233,88,7
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.
SB233,88,9
8(2) Structure of bifurcated sentences. The court shall ensure that a
9bifurcated sentence imposed under sub. (1) complies with all of the following:
SB233,88,1210
(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.
SB233,88,1613
(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:
SB233,88,1817
1. For a Class B felony, the term of confinement in prison may not exceed 40
18years.
SB233,88,2019
2. For a Class BC felony, the term of confinement in prison may not exceed 20
20years.
SB233,88,2221
3. For a Class C felony, the term of confinement in prison may not exceed 10
22years.
SB233,88,2423
4. For a Class D felony, the term of confinement in prison may not exceed 5
24years.
SB233,89,2
15. For a Class E felony, the term of confinement in prison may not exceed 2
2years.
SB233,89,53
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.
SB233,89,106
(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.
SB233,89,1311
(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).
SB233,89,16
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).
SB233,89,22
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).
SB233,89,25
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.
SB233,90,2
1(6) No parole. A person serving a bifurcated sentence imposed under sub. (1)
2is not eligible for release on parole.
SB233,90,6
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:
SB233,90,158
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:
SB233,90,2517
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:
SB233,91,52
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:
SB233,91,8
7973.014 (title)
Sentence of life imprisonment; parole eligibility
8determination; community supervision eligibility determination.