SB357, s. 892
12Section
892. 961.465 of the statutes is repealed.
SB357, s. 893
13Section
893. 961.472 (2) of the statutes is amended to read:
SB357,262,2414
961.472
(2) Except as provided in sub. (5), if a person pleads guilty or is found
15guilty of possession or attempted possession of a controlled substance or controlled
16substance analog under s. 961.41 (3g)
(a) 2. (am), (c) or (d), the court shall order the
17person to comply with an assessment of the person's use of controlled substances.
18The court's order shall designate a facility that is operated by or pursuant to a
19contract with the county department established under s. 51.42 and that is certified
20by the department of health and family services to provide assessment services to
21perform the assessment and, if appropriate, to develop a proposed treatment plan.
22The court shall notify the person that noncompliance with the order limits the court's
23ability to determine whether the treatment option under s. 961.475 is appropriate.
24The court shall also notify the person of the fee provisions under s. 46.03 (18) (fm).
SB357, s. 894
1Section
894. 961.48 (1) of the statutes is renumbered 961.48 (1) (intro.) and
2amended to read:
SB357,263,93
961.48
(1) (intro.)
Except as provided in subs. (2) and (4), any If a person
who 4is charged under sub. (2m) with
a felony offense under this chapter that is a 2nd or
5subsequent offense
as provided under
this chapter sub. (3) and
the person is 6convicted of that 2nd or subsequent offense
may be fined an amount up to twice that
7otherwise authorized or imprisoned for a term up to twice the term otherwise
8authorized or both., the maximum term of imprisonment for the offense may be
9increased as follows:
SB357, s. 895
10Section
895. 961.48 (1) (a) and (b) of the statutes are created to read:
SB357,263,1111
961.48
(1) (a) By not more than 6 years, if the offense is a Class C or D felony.
SB357,263,1212
(b) By not more than 4 years, if the offense is a Class E, F, G, H or I felony.
SB357, s. 896
13Section
896. 961.48 (2) of the statutes is repealed.
SB357, s. 897
14Section
897. 961.48 (2m) (a) of the statutes is amended to read:
SB357,263,2215
961.48
(2m) (a) Whenever a person charged with
an a felony offense under this
16chapter may be subject to a conviction for a 2nd or subsequent offense, he or she is
17not subject to an enhanced penalty under sub. (1)
or (2) unless any applicable prior
18convictions are alleged in the complaint, indictment or information or in an amended
19complaint, indictment or information that is filed under par. (b) 1. A person is not
20subject to an enhanced penalty under sub. (1)
or (2) for an offense if an allegation of
21applicable prior convictions is withdrawn by an amended complaint filed under par.
22(b) 2.
SB357, s. 898
23Section
898. 961.48 (3) of the statutes is amended to read:
SB357,264,424
961.48
(3) For purposes of this section,
an a felony offense
under this chapter 25is considered a 2nd or subsequent offense if, prior to the offender's conviction of the
1offense, the offender has at any time been convicted
of any felony or misdemeanor
2offense under this chapter or under any statute of the United States or of any state
3relating to controlled substances or controlled substance analogs, narcotic drugs,
4marijuana or depressant, stimulant or hallucinogenic drugs.
SB357, s. 899
5Section
899. 961.48 (4) of the statutes is repealed.
SB357, s. 900
6Section
900. 961.49 (1) of the statutes is renumbered 961.49.
SB357, s. 901
7Section
901. 961.49 (2) of the statutes is repealed.
SB357, s. 902
8Section
902. 961.49 (3) of the statutes is repealed.
SB357, s. 904
10Section
904. 968.255 (1) (a) 2. of the statutes is amended to read:
SB357,264,1211
968.255
(1) (a) 2. Arrested for any misdemeanor under s. 167.30, 940.19, 941.20
12(1), 941.23, 941.237, 941.24, 948.60
, 948.605 (2) (a) or 948.61.
SB357,264,1815
968.31
(1) (intro.) Except as otherwise specifically provided in ss. 196.63 or
16968.28 to 968.30, whoever commits any of the acts enumerated in this section
may
17be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months
18or both is guilty of a Class H felony:
SB357,264,2221
968.34
(3) Whoever knowingly violates sub. (1)
shall may be fined not more
22than $10,000 or imprisoned for not more than
2 years
9 months or both.
SB357,265,3
1968.43
(3) Any person who violates an oath or affirmation required by sub. (2)
2may be imprisoned for not more than 7 years and 6 months is guilty of a Class H
3felony.
SB357, s. 908
4Section
908. 969.08 (10) (a) of the statutes is amended to read:
SB357,265,75
969.08
(10) (a) "Commission of a serious crime" includes a solicitation,
6conspiracy or attempt, under s. 939.30, 939.31
, or 939.32
or 948.35, to commit a
7serious crime.
SB357, s. 909
8Section
909. 969.08 (10) (b) of the statutes is amended to read:
SB357,265,159
969.08
(10) (b) "Serious crime" means any crime specified in s. 346.62 (4),
10940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5), 940.195
11(5), 940.20, 940.201, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.24, 940.25,
12940.29, 940.295 (3) (b) 1g., 1m., 1r., 2. or 3., 940.31, 941.20 (2) or (3), 941.26, 941.30,
13941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.03, 943.04, 943.06, 943.10,
14943.23 (1g),
(1m) or (1r), 943.30, 943.32, 946.01, 946.02, 946.43, 947.015, 948.02 (1)
15or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07 or 948.30.
SB357, s. 910
16Section
910. 971.17 (1) of the statutes is renumbered 971.17 (1) (a) and
17amended to read:
SB357,266,318
971.17
(1) (a)
Felonies committed before the effective date of this paragraph ....
19[revisor inserts date]. When Except as provided in par. (c), when a defendant is found
20not guilty by reason of mental disease or mental defect
of a felony committed before
21the effective date of this paragraph .... [revisor inserts date], the court shall commit
22the person to the department of health and family services for a specified period not
23exceeding two-thirds of the maximum term of imprisonment that could be imposed
24under s. 973.15 (2) (a) against an offender convicted of the same
crime or crimes 25felony or felonies, including imprisonment authorized by
ss. 346.65 (2) (f), (2j) (d) or
1(3m), 939.62, 939.621, 939.63, 939.635, 939.64, 939.641, 939.645, 940.09 (1b), 940.25
2(1b) and 961.48 and other any applicable penalty enhancement statutes,
as
3applicable, subject to the credit provisions of s. 973.155.
SB357,266,7
4(c) Felonies punishable by life imprisonment. If
the maximum term of
5imprisonment is a defendant is found not guilty by reason of mental disease or
6mental defect of a felony that is punishable by life
imprisonment, the commitment
7period specified by the court may be life, subject to termination under sub. (5).
SB357, s. 911
8Section
911. 971.17 (1) (b) of the statutes is created to read:
SB357,266,179
971.17
(1) (b)
Felonies committed on or after the effective date of this paragraph
10.... [revisor inserts date]. Except as provided in par. (c), when a defendant is found
11not guilty by reason of mental disease or mental defect of a felony committed on or
12after the effective date of this paragraph .... [revisor inserts date], the court shall
13commit the person to the department of health and family services for a specified
14period not exceeding the maximum term of confinement in prison that could be
15imposed on an offender convicted of the same felony or felonies under ss. 973.01 (2)
16(b) and 973.15 (2) (a), plus imprisonment authorized by any applicable penalty
17enhancement statutes, subject to the credit provisions of s. 973.155.
SB357, s. 912
18Section
912. 971.17 (1) (d) of the statutes is created to read:
SB357,266,2519
971.17
(1) (d)
Misdemeanors. When a defendant is found not guilty by reason
20of mental disease or mental defect of a misdemeanor, the court shall commit the
21person to the department of health and family services for a specified period not
22exceeding two-thirds of the maximum term of imprisonment that could be imposed
23under s. 973.15 (2) (a) against an offender convicted of the same misdemeanor or
24misdemeanors, including imprisonment authorized by any applicable penalty
25enhancement statutes, subject to the credit provisions of s. 973.155.
SB357, s. 913
1Section
913. 971.365 (1) (c) of the statutes is amended to read:
SB357,267,42
971.365
(1) (c) In any case under s. 961.41 (3g)
(a) 2. (am), (c), (d) or (e) involving
3more than one violation, all violations may be prosecuted as a single crime if the
4violations were pursuant to a single intent and design.
SB357, s. 914
5Section
914. 971.365 (2) of the statutes is amended to read:
SB357,267,96
971.365
(2) An acquittal or conviction under sub. (1) does not bar a subsequent
7prosecution for any acts in violation of s. 961.41 (1) (cm), (d), (e), (f), (g) or (h), (1m)
8(cm), (d), (e), (f), (g) or (h) or (3g)
(a) 2. (am), (c), (d) or (e) on which no evidence was
9received at the trial on the original charge.
SB357, s. 915
10Section
915. 973.01 (1) of the statutes is amended to read:
SB357,267,1711
973.01
(1) Bifurcated sentence required. Except as provided in sub. (3),
12whenever a court sentences a person to imprisonment in the Wisconsin state prisons
13for a felony committed on or after December 31, 1999,
but before the effective date
14of this subsection .... [revisor inserts date], or for a crime committed on or after the
15effective date of this subsection .... [revisor inserts date], the court shall impose a
16bifurcated sentence
that consists of a term of confinement in prison followed by a
17term of extended supervision under
s. 302.113
this section.
SB357, s. 916
18Section
916. 973.01 (2) (intro.) of the statutes is amended to read:
SB357,267,2419
973.01
(2) Structure of bifurcated sentences. (intro.)
The court shall ensure
20that a A bifurcated sentence is a sentence that consists of a term of confinement in
21prison followed by a term of extended supervision under s. 302.113. The total length
22of a bifurcated sentence equals the length of the term of confinement in prison plus
23the length of the term of extended supervision. A bifurcated sentence imposed under
24sub. (1) complies this section shall comply with all of the following:
SB357, s. 917
25Section
917. 973.01 (2) (a) of the statutes is amended to read:
SB357,268,6
1973.01
(2) (a)
Total length of bifurcated sentence. Except as provided in par. (c),
2the total length of the bifurcated sentence may not exceed the maximum period of
3imprisonment
for the specified in s. 939.50 (3), if the crime is a classified felony
, or
4the maximum term of imprisonment provided by statute for the crime, if the crime
5is not a classified felony, plus additional imprisonment authorized by any applicable
6penalty enhancement statutes.
SB357, s. 918
7Section
918. 973.01 (2) (b) (intro.) of the statutes is amended to read:
SB357,268,118
973.01
(2) (b)
Imprisonment portion of bifurcated sentence. (intro.) The portion
9of the bifurcated sentence that imposes a term of confinement in prison may not be
10less than one year
, subject to any minimum sentence prescribed for the felony, and,
11except as provided in par. (c), may not exceed whichever of the following is applicable:
SB357, s. 919
12Section
919. 973.01 (2) (b) 2. of the statutes is repealed.
SB357, s. 920
13Section
920. 973.01 (2) (b) 3. of the statutes is amended to read:
SB357,268,1514
973.01
(2) (b) 3. For a Class C felony, the term of confinement in prison may
15not exceed
10 25 years.
SB357, s. 921
16Section
921. 973.01 (2) (b) 4. of the statutes is amended to read:
SB357,268,1817
973.01
(2) (b) 4. For a Class D felony, the term of confinement in prison may
18not exceed
5 15 years.
SB357, s. 922
19Section
922. 973.01 (2) (b) 5. of the statutes is amended to read:
SB357,268,2120
973.01
(2) (b) 5. For a Class E felony, the term of confinement in prison may
21not exceed
2 10 years.
SB357, s. 923
22Section
923. 973.01 (2) (b) 6. of the statutes is renumbered 973.01 (2) (b) 10.
23and amended to read:
SB357,269,3
1973.01
(2) (b) 10. For any
felony crime other than a felony specified in subds.
21. to
5. 9., the term of confinement in prison may not exceed 75% of the total length
3of the bifurcated sentence.
SB357, s. 924
4Section
924. 973.01 (2) (b) 6m. of the statutes is created to read:
SB357,269,65
973.01
(2) (b) 6m. For a Class F felony, the term of confinement in prison may
6not exceed 7 years and 6 months.
SB357, s. 925
7Section
925. 973.01 (2) (b) 7. of the statutes is created to read:
SB357,269,98
973.01
(2) (b) 7. For a Class G felony, the term of confinement in prison may
9not exceed 5 years.
SB357, s. 926
10Section
926. 973.01 (2) (b) 8. of the statutes is created to read:
SB357,269,1211
973.01
(2) (b) 8. For a Class H felony, the term of confinement in prison may
12not exceed 3 years.
SB357, s. 927
13Section
927. 973.01 (2) (b) 9. of the statutes is created to read:
SB357,269,1514
973.01
(2) (b) 9. For a Class I felony, the term of confinement in prison may not
15exceed one year and 6 months.
SB357, s. 928
16Section
928. 973.01 (2) (c) of the statutes is renumbered 973.01 (2) (c) 1. and
17amended to read:
SB357,269,2318
973.01
(2) (c) 1.
The Subject to the minimum period of extended supervision
19required under par. (d), the maximum term of confinement in prison specified in par.
20(b) may be increased by any applicable penalty enhancement
statute. If the
21maximum term of confinement in prison specified in par. (b) is increased under this
22paragraph, the total length of the bifurcated sentence that may be imposed is
23increased by the same amount.
SB357, s. 929
24Section
929. 973.01 (2) (c) 2. of the statutes is created to read:
SB357,270,3
1973.01
(2) (c) 2. If more than one of the following penalty enhancement statutes
2apply to a crime, the court shall apply them in the order listed in calculating the
3maximum term of imprisonment for that crime:
SB357,270,44
a. Sections 939.621, 939.632, 939.645, 961.46 and 961.49.
SB357,270,55
b. Section 939.63.
SB357,270,66
c. Section 939.62 or 961.48.
SB357, s. 930
7Section
930. 973.01 (2) (d) of the statutes is renumbered 973.01 (2) (d) (intro.)
8and amended to read:
SB357,270,139
973.01
(2) (d)
Minimum and maximum term of extended supervision. (intro.)
10The term of extended supervision that follows the term of confinement in prison may
11not be less than 25% of the length of the term of confinement in prison imposed under
12par. (b)
. and, for a classified felony, may not exceed whichever of the following is
13applicable:
SB357, s. 931
14Section
931. 973.01 (2) (d) 1. to 6. of the statutes are created to read:
SB357,270,1615
973.01
(2) (d) 1. For a Class B felony, the term of extended supervision may not
16exceed 20 years.
SB357,270,1817
2. For a Class C felony, the term of extended supervision may not exceed 15
18years.
SB357,270,2019
3. For a Class D felony, the term of extended supervision may not exceed 10
20years.
SB357,270,2221
4. For a Class E, F or G felony, the term of extended supervision may not exceed
225 years.
SB357,270,2423
5. For a Class H felony, the term of extended supervision may not exceed 3
24years.
SB357,270,2525
6. For a Class I felony, the term of extended supervision may not exceed 2 years.
SB357, s. 932
1Section
932. 973.01 (4) of the statutes is amended to read:
SB357,271,62
973.01
(4) No good time; extension or reduction of term of imprisonment. A
3person sentenced to a bifurcated sentence under sub. (1) shall serve the term of
4confinement in prison portion of the sentence without reduction for good behavior.
5The term of confinement in prison portion is subject to extension under s. 302.113 (3)
6and, if applicable, to reduction under s. 302.045 (3m)
or 302.113 (9g).
SB357, s. 933
7Section
933. 973.01 (5) of the statutes is amended to read:
SB357,271,108
973.01
(5) Other extended supervision conditions. Whenever the court
9imposes a bifurcated sentence under sub. (1), the court may impose conditions upon
10the term of extended supervision
, including drug treatment under s. 973.031.
SB357, s. 934
11Section
934. 973.01 (7m) of the statutes is created to read:
SB357,271,1812
973.01
(7m) Modification of bifurcated sentence. A court may at any time
13modify a bifurcated sentence that the court previously imposed by reducing the term
14of confinement in prison portion of the sentence and lengthening the term of
15extended supervision imposed so that the total length of the bifurcated sentence
16originally imposed does not change. A proceeding to modify a bifurcated sentence
17under this subsection shall be conducted using the procedure established and the
18factors specified by the director of state courts under s. 758.19 (8).
SB357, s. 935
19Section
935. 973.0135 (1) (b) 2. of the statutes is amended to read: