1997 Wisconsin Act 283 also increased penalties for nonclassified felony
offenses committed on or after December 31, 1999. The penalties are increased by
50% or one year, whichever is greater. Thus, under
1997 Wisconsin Act 283, a
maximum penalty of one year of imprisonment will increase to two years of
imprisonment, while a maximum penalty of five years of imprisonment will increase
to seven years and six months.
This bill eliminates all of the penalty increases made by
1997 Wisconsin Act 283 and restores the penalties provided for offenses committed before December 31,
1999.
The structure of felony sentences
1. The structure of prison sentences for felony offenses committed before
December 31, 1999. If a person who commits a felony before December 31, 1999, is
sentenced to prison, the person will usually have three possible ways of being
released from prison on parole: discretionary parole granted by the parole
commission (for which a person is usually eligible after serving 25% of the sentence
or six 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, the person could be subject to different parole eligibility provisions if
the person is a serious felony offender. 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 six months but not later
than the mandatory release date of two-thirds of the sentence. In addition, 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,
tampering with household products, arson, armed burglary, armed robbery,
carjacking, assault by a prisoner, crimes against children and controlled substances.
If a person is sentenced to life imprisonment for an offense committed before
December 31, 1999, the person 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, four 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 two convictions for any of certain serious felonies and is then
convicted a third time for another serious felony, he or she must be sentenced to life
without parole (the so-called "three strikes, you're out" law). Likewise, if a person
has one conviction for any of certain serious child sex offenses and is then convicted
a second time for another serious child sex offense, he or she must be sentenced to
life without parole (the so-called "two strikes, you're out" law for serious child sex
offenders). No person serving a life sentence of any kind is entitled to mandatory
release.
2.
The structure of prison sentences for felony offenses committed on or after
December 31, 1999. Under
1997 Wisconsin Act 283, if a court chooses to sentence a
felony offender to a term of imprisonment in state prison for a felony committed on
or after December 31, 1999, the court must do so by imposing 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, ten years for a Class C felony, five years for a Class D felony, or
two 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 committed on or
after December 31, 1999, 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 ten 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.
If a person is sentenced to life imprisonment for a crime committed on or after
December 31, 1999, he or she is not eligible for parole. Instead, the judge who is
sentencing the person to life imprisonment must 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 "three strikes, you're out"
or "two strikes, you're out" laws.
3. What this bill does. This bill eliminates the sentencing procedure created
in
1997 Wisconsin Act 283. Thus, under the bill a prison sentence for a felony that
is committed on or after the date the bill becomes law will be structured in the same
way as prison sentences for offenses committed before December 31, 1999.
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:
AB296,8,53
11.61
(1) (a) Whoever intentionally violates s. 11.05 (1), (2), (2g) or (2r), 11.07
4(1) or (5), 11.10 (1), 11.12 (5), 11.23 (6) or 11.24 (1) may be fined not more than $10,000
5or imprisoned for not more than 3 years or both.
AB296,8,118
11.61
(1) (b) Whoever intentionally violates s. 11.25, 11.26, 11.27 (1), 11.30 (1)
9or 11.38 where the intentional violation does not involve a specific figure, or where
10the intentional violation concerns a figure that exceeds $100 in amount or value may
11be fined not more than $10,000 or imprisoned for not more than 3 years or both.
AB296,8,1614
12.60
(1) (a) Whoever violates s. 12.09, 12.11 or 12.13 (1), (2) or (3) (a), (e), (f),
15(j), (k), (L), (m), (y) or (z) may be fined not more than $10,000 or imprisoned for not
16more than 3 years or both.
AB296,9,8
1913.05 Logrolling prohibited. Any member of the legislature who gives,
20offers or promises to give his or her vote or influence in favor of or against any
21measure or proposition pending or proposed to be introduced, in the legislature in
1consideration or upon condition that any other person elected to the same legislature
2will give or will promise or agree to give his or her vote or influence in favor of or
3against any other measure or proposition pending or proposed to be introduced in
4such legislature, or who gives, offers or promises to give his or her vote or influence
5for or against any measure on condition that any other member will give his or her
6vote or influence in favor of any change in any other bill pending or proposed to be
7introduced in the legislature may be fined not less than $500 nor more than $1,000
8or imprisoned for not less than one year nor more than 3 years or both.
AB296,9,21
1113.06 Executive favor. Any member of the legislature who gives, offers or
12promises to give his or her vote or influence in favor of or against any measure or
13proposition pending or proposed to be introduced in the legislature, or that has
14already been passed by either house of the legislature, in consideration of or on
15condition that the governor approve, disapprove, veto or sign, or agree to approve,
16disapprove, veto or sign, any other measure or proposition pending or proposed to be
17introduced in the legislature or that has already been passed by the legislature, or
18either house thereof, or in consideration or upon condition that the governor
19nominate for appointment or appoint or remove any person to or from any office or
20position under the laws of this state, may be fined not less than $500 nor more than
21$1,000 or imprisoned for not less than one year nor more than 2 years or both.
AB296,9,2524
13.69
(6m) Any principal, lobbyist or other individual acting on behalf of a
25principal who files a statement under s. 13.63 (1), 13.64, 13.65, 13.67 or 13.68 that
1he or she does not believe to be true may be fined not more than $10,000 or
2imprisoned for not more than 5 years or both.
AB296, s. 7
3Section
7. 19.85 (1) (d) of the statutes is amended to read:
AB296,10,74
19.85
(1) (d) Except as provided in s. 304.06 (1) (eg) and by
rule rules 5promulgated under s. 304.06 (1) (em), considering specific applications of probation
,
6extended supervision or parole, or considering strategy for crime detection or
7prevention.
AB296, s. 8
8Section
8. 20.410 (1) (b) of the statutes is amended to read:
AB296,10,159
20.410
(1) (b)
Services for community corrections. The amounts in the schedule
10to provide services related to probation
, extended supervision and parole, the
11intensive sanctions program under s. 301.048, the community residential
12confinement program under s. 301.046, programs of intensive supervision of adult
13offenders and minimum security correctional institutions established under s.
14301.13. No payments may be made under this paragraph for payments in accordance
15with other states party to the interstate corrections compact under s. 302.25.
AB296, s. 9
16Section
9. 20.410 (1) (bn) of the statutes is amended to read:
AB296,10,2017
20.410
(1) (bn)
Reimbursing counties for probation, extended supervision and
18parole holds. The amounts in the schedule for payments to counties under s. 302.33
19(2) (a) for costs relating to maintaining persons in custody pending the disposition
20of their parole
, extended supervision or probation revocation proceedings.
AB296, s. 10
21Section
10. 20.410 (1) (d) of the statutes is amended to read:
AB296,11,222
20.410
(1) (d)
Purchased services for offenders. The amounts in the schedule
23for the purchase of goods, care and services, including community-based residential
24care, authorized under s. 301.08 (1) (b) 1., for inmates, probationers
, and parolees
1and persons on extended supervision. In addition, funds from this appropriation
2shall be used to reimburse programs under s. 38.04 (12).
AB296, s. 11
3Section
11. 20.410 (1) (g) of the statutes is amended to read:
AB296,11,84
20.410
(1) (g)
Loan fund for persons on probation, extended supervision or
5parole. The amounts in the schedule for the purposes specified in ss. 301.32 (3) and
6304.075. All moneys received belonging to absconding probationers
, and parolees
,
7and persons on extended supervision under ss. 301.32 (3) and 304.075 shall be
8credited to this appropriation.
AB296, s. 12
9Section
12. 20.410 (1) (gb) of the statutes is amended to read:
AB296,11,1410
20.410
(1) (gb)
Drug testing. All moneys received from probation
, extended
11supervision and parole clients who are required to pay for their drug testing, as
12prescribed by rule in accordance with s. 301.03 (3), for expenditures related to the
13drug testing program for probationers
, and parolees
and persons on extended
14supervision under s. 301.03 (3).
AB296, s. 13
15Section
13. 20.410 (1) (gc) of the statutes is amended to read:
AB296,11,2016
20.410
(1) (gc)
Sex offender honesty testing. All moneys received from
17probation
, extended supervision and parole clients who are required to pay for
18polygraph examinations, as prescribed by rule in accordance with s. 301.132 (3), for
19expenditures related to the lie detector test program for probationers
, extended
20supervision and parolees under s. 301.132.
AB296, s. 14
21Section
14. 20.410 (1) (ge) of the statutes is amended to read:
AB296,12,222
20.410
(1) (ge)
Administrative and minimum supervision. The amounts in the
23schedule for the supervision of probationers
, and parolees
and persons on extended
24supervision under minimum or administrative supervision and for the department's
25costs associated with contracts under s. 301.08 (1) (c) 2. All moneys received from
1vendors under s. 301.08 (1) (c) 4. and from fees charged under s. 304.073 (2) shall be
2credited to this appropriation account.
AB296, s. 15
3Section
15. 20.410 (1) (gf) of the statutes is amended to read:
AB296,12,74
20.410
(1) (gf)
Probation, and parole and extended supervision. The amounts
5in the schedule for probation
, and parole
and extended supervision. All moneys
6received from fees charged under s. 304.074 (2) shall be credited to this appropriation
7account.
AB296, s. 16
8Section
16. 20.505 (3) (c) of the statutes is repealed.
AB296,12,1411
23.33
(13) (cg)
Penalties related to causing death or injury; interference with
12signs and standards. A person who violates sub. (8) (f) 1. shall be fined not more than
13$10,000 or imprisoned for not more than 2 years or both if the violation causes the
14death or injury, as defined in s. 30.67 (3) (b), of another person.
AB296,12,1917
26.14
(8) Any person who intentionally sets fire to the land of another or to a
18marsh shall be fined not more than $10,000 or imprisoned for not more than 5 years
19or both.
AB296,12,2422
29.971
(1) (c) For having fish in his or her possession in violation of this chapter
23and the value of the fish under par. (d) exceeds $1,000, by a fine of not more than
24$10,000 or imprisonment for not more than 2 years or both.
AB296,13,53
29.971
(1m) (c) For possessing clams in violation of s. 29.537, if the value of the
4clams under par. (d) exceeds $1,000, by a fine of not more than $10,000 or
5imprisonment for not more than 2 years or both.
AB296,13,168
29.971
(11m) (a) For shooting, shooting at, killing, taking, catching or
9possessing a bear without a valid Class A bear license, or for possessing a bear that
10does not have a carcass tag attached or possessing a bear during the closed season,
11by a fine of not less than $1,000 nor more than $2,000 or by imprisonment for not
12more than 6 months or both for the first violation, or by a fine of not more than $5,000
13or imprisonment for not more than one year or both for any subsequent violation,
14and, in addition, the court shall revoke all hunting approvals issued to the person
15under this chapter and shall prohibit the issuance of any new hunting approval
16under this chapter to the person for 3 years.
AB296,13,2119
29.971
(11p) (a) For entering the den of a hibernating black bear and harming
20the bear, by a fine of not more than $10,000 or imprisonment for not more than one
21year or both.
AB296,14,3
130.80
(2g) (b) Shall be fined not less than $300 nor more than $5,000 or
2imprisoned for not more than one year or both if the accident involved injury to a
3person but the person did not suffer great bodily harm.
AB296,14,86
30.80
(2g) (c) Shall be fined not more than $10,000 or imprisoned for not more
7than 2 years or both if the accident involved injury to a person and the person
8suffered great bodily harm.
AB296,14,1211
30.80
(2g) (d) Shall be fined not more than $10,000 or imprisoned for not more
12than 5 years or both if the accident involved death to a person.
AB296,14,1615
30.80
(3m) Any person violating s. 30.547 (1), (3) or (4) shall be fined not more
16than $5,000 or imprisoned not more than 5 years or both.
AB296,15,219
36.25
(6) (d) Any officer, agent, clerk or employe of the survey or department
20of revenue who makes known to any person except the officers of the survey or
21department of revenue, in any manner, any information given to such person in the
22discharge of such person's duties under par. (c), which information was given to such
23person with the request that it not be made known, upon conviction thereof, shall be
24fined not less than $50 nor more than $500 or imprisoned for not less than one month
1nor more than 2 years. This paragraph shall not prevent the use for assessment
2purposes of any information obtained under this subsection.
AB296, s. 28
3Section
28. 46.21 (1) (d) of the statutes is amended to read:
AB296,15,114
46.21
(1) (d) "Human services" means the total range of services to people,
5including mental illness treatment, developmental disabilities services, physical
6disabilities services, relief funded by a relief block grant under ch. 49, income
7maintenance, youth probation
, extended supervision and parole services, alcohol
8and drug abuse services, services to children, youth and families, family counseling,
9early intervention services for children from birth to the age of 3 and manpower
10services. "Human services" does not include child welfare services under s. 48.48 (17)
11administered by the department in a county having a population of 500,000 or more.
AB296, s. 29
12Section
29. 46.23 (2) (a) of the statutes is amended to read:
AB296,15,1813
46.23
(2) (a) "Human services" means the total range of services to people
14including, but not limited to, health care, mental illness treatment, developmental
15disabilities services, relief funded by a block grant under ch. 49, income
16maintenance, probation
, extended supervision and parole services, alcohol and drug
17abuse services, services to children, youth and aging, family counseling, special
18education services and manpower services.
AB296, s. 30
19Section
30. 46.48 (8) (d) 1. of the statutes is amended to read:
AB296,15,2420
46.48
(8) (d) 1. The use of liaisons to meet with prospective program
21participants to provide information about the program and to assist program
22participants, prior to their release on
extended supervision or parole, in planning for
23and obtaining the housing, employment, education and treatment that they will
24need upon release.
AB296,16,43
47.03
(3) (d) Any person who violates this subsection shall be fined not more
4than $1,000 or imprisoned for not more than one year or both.
AB296, s. 32
5Section
32. 48.78 (2) (d) 5. of the statutes is amended to read:
AB296,16,76
48.78
(2) (d) 5. On parole under s. 302.11 or ch. 304
or on extended supervision
7under s. 302.113 or 302.114.
AB296, s. 33
8Section
33. 49.124 (6) of the statutes is amended to read:
AB296,16,129
49.124
(6) Ineligibility for fugitive felons. No person is eligible for the food
10stamp program in a month in which that person is a fugitive felon under
7 USC 2015 11(k) (1) or is violating a condition of probation
, extended supervision or parole imposed
12by a state or federal court.
AB296,16,1715
49.127
(8) (a) 2. If the value of the food coupons exceeds $100, but is less than
16$5,000, a person who violates this section may be fined not more than $10,000 or
17imprisoned for not more than 5 years or both.
AB296,16,2220
49.127
(8) (b) 2. If the value of the food coupons exceeds $100, but is less than
21$5,000, a person who violates this section may be fined not more than $10,000 or
22imprisoned for not more than 5 years or both.
AB296,17,3
149.127
(8) (c) For any offense under this section, if the value of the food coupons
2is $5,000 or more, a person who violates this section may be fined not more than
3$250,000 or imprisoned for not more than 20 years or both.