109,1143m
Section 1143m. 973.195 of the statutes is created to read:
973.195 Sentence adjustment. (1g) Definition. In this section, "applicable percentage" means 85% for a Class C to E felony and 75% for a Class F to I felony.
(1r) Confinement in prison. (a) An inmate who is serving a sentence imposed under s. 973.01 for a crime other than a Class B felony may petition the sentencing court to adjust the sentence if the inmate has served at least the applicable percentage of the term of confinement in prison portion of the sentence. If an inmate is subject to more than one sentence imposed under this section, the sentences shall be treated individually for purposes of sentence adjustment under this subsection.
(b) Any of the following is a ground for a petition under par. (a):
1. The inmate's conduct, efforts at and progress in rehabilitation, or participation and progress in education, treatment, or other correctional programs since he or she was sentenced.
3. A change in law or procedure related to sentencing or revocation of extended supervision effective after the inmate was sentenced that would have resulted in a shorter term of confinement in prison or, if the inmate was returned to prison upon revocation of extended supervision, a shorter period of confinement in prison upon revocation, if the change had been applicable when the inmate was sentenced.
4. The inmate is subject to a sentence of confinement in another state or the inmate is in the United States illegally and may be deported.
5. Sentence adjustment is otherwise in the interests of justice.
(c) Upon receipt of a petition filed under par. (a), the sentencing court may deny the petition or hold the petition for further consideration. If the court holds the petition for further consideration, the court shall notify the district attorney of the inmate's petition. If the district attorney objects to adjustment of the inmate's sentence within 45 days of receiving notification under this paragraph, the court shall deny the inmate's petition.
(d) If the sentence for which the inmate seek's adjustment is for an offense under s. 940.225 (2) or (3), 948.02 (2), or 948.08 and the district attorney does not object to the petition within 10 days of receiving notice under par. (c), the district attorney shall notify the the victim, as defined under s. 950.02 (4), of the inmate's petition. The notice to the victim shall include information on the sentence adjustment petition process under this subsection, including information on how to object to the inmate's petition. If the victim objects to adjustment of the inmate's sentence within 45 days of the date on which the district attorney received notice under par. (c), the court shall deny the inmate's petition.
(e) Notwithstanding the confidentiality of victim address information obtained under s. 302.113 (9g) (g) 3., a district attorney who is required to send notice to a victim under par. (d) may obtain from the clerk of the circuit court victim address information that the victim provided to the clerk under s. 302.113 (9g) (g) 3.
(f) If the sentencing court receives no objection to sentence adjustment from the district attorney under par. (c) or the victim under par. (d) and the court determines that sentence adjustment is in the public interest, the court may adjust the inmate's sentence as provided under par. (g). The court shall include in the record written reasons for any sentence adjustment granted under this subsection.
(g) Except as provided under par. (h), the only sentence adjustments that a court may make under this subsection are as follows:
1. If the inmate is serving the term of confinement in prison portion of the sentence, a reduction in the term of confinement in prison by the amount of time remaining in the term of confinement in prison portion of the sentence, less up to 30 days, and a corresponding increase in the term of extended supervision.
2. If the inmate is confined in prison upon revocation of extended supervision, a reduction in the amount of time remaining in the period of confinement in prison imposed upon revocation, less up to 30 days, and a corresponding increase in the term of extended supervision.
(h) 1. If the court adjusts a sentence under par. (g) on the basis of a change in law or procedure as provided under par. (b) 3. and the total sentence length of the adjusted sentence is greater than the maximum sentence length that the offender could have received if the change in law or procedure had been applicable when the inmate was originally sentenced, the court may reduce the length of the term of extended supervision so that the total sentence length does not exceed the maximum sentence length that the offender could have received if the change in law or procedure had been applicable when the inmate was originally sentenced.
2. If the court adjusts a sentence under par. (g) on the basis of a change in law or procedure as provided under par. (b) 3. and the adjusted term of extended supervision is greater than the maximum term of extended supervision that the offender could have received if the change in law or procedure had been applicable when the inmate was originally sentenced, the court may reduce the length of the term of extended supervision so that the term of extended supervision does not exceed the maximum term of extended supervision that the offender could have received if the change in law or procedure had been applicable when the inmate was originally sentenced.
(i) An inmate may submit only one petition under this subsection for each sentence imposed under s. 973.01.
109,1144
Section 1144. 973.30 of the statutes is created to read:
973.30 Sentencing commission. (1) Duties. The sentencing commission shall do all of the following:
(a) Select an executive director having appropriate training and experience to study sentencing practices and prepare proposed sentencing guidelines.
(b) Monitor and compile data regarding sentencing practices in the state.
(c) Adopt advisory sentencing guidelines for felonies committed on or after the effective date of this paragraph .... [revisor inserts date], to promote public safety, to reflect changes in sentencing practices and to preserve the integrity of the criminal justice and correctional systems.
(d) Provide information to the legislature, state agencies, and the public regarding the costs to and other needs of the department which result from sentencing practices.
(e) Provide information to judges and lawyers about the sentencing guidelines.
(f) Publish and distribute to all circuit judges hearing criminal cases an annual report regarding its work, which shall include all sentencing guidelines and all changes in existing sentencing guidelines adopted during the 12 months preceding the report.
(g) Study whether race is a basis for imposing sentences in criminal cases and submit a report and recommendations on this issue to the governor, to each house of the legislature under s. 13.172 (2), and to the supreme court.
(h) Assist the legislature in assessing the cost of enacting new or revising existing statutes affecting criminal sentencing.
(i) At least semiannually, submit reports to all circuit judges, and to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3), containing statistics regarding criminal sentences imposed in this state. Each report shall have a different focus and need not contain statistics regarding every crime. Each report shall contain information regarding sentences imposed statewide and in each of the following geographic areas:
1. Milwaukee County.
2. Dane and Rock counties.
3. Brown, Outagamie, Calumet, and Winnebago counties.
4. Racine and Kenosha counties.
5. All other counties.
(j) Study how sentencing options affect various types of offenders and offenses.
(2) Staff. Subject to authorization under s. 16.505, the sentencing commission may hire staff to assist it in the performance of its duties.
(3) Sunset. This section does not apply after December 31, 2007.
109,1145
Section 1145. 977.05 (4) (jm) of the statutes is created to read:
977.05 (4) (jm) At the request of an inmate determined by the state public defender to be indigent or upon referral of a court under s. 302.113 (9g) (j), represent the inmate in proceedings for modification of a bifurcated sentence under s. 302.113 (9g) before a program review committee and the sentencing court, if the state public defender determines the case should be pursued.
109,1146
Section 1146. 977.06 (2) (b) of the statutes is amended to read:
977.06 (2) (b) A person who makes a false representation that he or she does not believe is true for purposes of qualifying for assignment of counsel shall be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class I felony.
109,1147
Section 1147. 978.13 (1) (intro.) of the statutes is amended to read:
978.13 (1) (intro.) The Subject to sub. (1m), the state shall assume financial responsibility for all of the following:
109,1148
Section 1148. 978.13 (1) (b) of the statutes is amended to read:
978.13 (1) (b) In counties having a population of 500,000 or more, the salary and fringe benefit costs of 2 clerk positions providing clerical services to the prosecutors in the district attorney's office handling cases involving felony violations under ch. 961. The state treasurer shall pay the amount authorized under this paragraph subsection to the county treasurer pursuant to a voucher submitted by the district attorney to the department of administration from the appropriation under s. 20.475 (1) (i). The amount paid under this paragraph may not exceed $75,200 in the 1999-2000 fiscal year and $77,500 in the 2000-01 fiscal year.
109,1149
Section 1149. 978.13 (1) (c) of the statutes is amended to read:
978.13 (1) (c) In counties having a population of 500,000 or more, the salary and fringe benefit costs of clerk positions in the district attorney's office necessary for the prosecution of violent crime cases primarily involving felony violations under s. 939.63, if a felony is committed while armed, and under ss. 940.01 to 940.03, 940.05, 940.06, 940.225, 943.23 (1g), (1m) and (1r) and 943.32 (2). The state treasurer shall pay the amount authorized under this paragraph subsection to the county treasurer pursuant to a voucher submitted by the district attorney to the secretary of administration from the appropriation under s. 20.475 (1) (i). The amount paid under this paragraph may not exceed $94,400 in the 1999-2000 fiscal year and $97,200 in the 2000-01 fiscal year.
978.13 (1) (d) In counties having a population of 500,000 or more, the salary and fringe benefit costs of 2 clerk positions providing clerical services to the prosecutors in the district attorney's office handling cases involving the unlawful possession or use of firearms. The state treasurer shall pay the amount authorized under this paragraph subsection to the county treasurer from the appropriation under s. 20.475 (1) (f) pursuant to a voucher submitted by the district attorney to the department of administration. The amount paid under this paragraph may not exceed the amount appropriated under s. 20.475 (1) (f).
109,1151
Section 1151. 978.13 (1m) of the statutes is created to read:
978.13 (1m) The amount paid under sub. (1) (b) and (c) combined may not exceed the amount appropriated under s. 20.475 (1) (i). The amount paid under sub. (1) (d) may not exceed the amount appropriated under s. 20.475 (1) (f).
109,1151r
Section 1151r. 979.012 of the statutes is created to read:
979.012 Reporting deaths of public health concern. (1) If a coroner or medical examiner is aware of the death of a person who, at the time of his or her death, had an illness or a health condition that satisfies s. 166.02 (7) (a), the coroner or medical examiner shall report the illness or health condition to the department of health and family services and to the local health department, as defined in s. 250.01 (4), in whose jurisdiction the coroner or medical examiner is located in writing or by electronic transmission within 24 hours of learning of the deceased's illness or health condition.
(2) In a report under sub. (1), the coroner or medical examiner shall include all of the following information if such information is available:
(a) The illness or health condition of the deceased.
(b) The name, date of birth, gender, race, occupation, and home and work addresses of the deceased.
(c) The name and address of the coroner or medical examiner.
(d) If the illness or health condition was related to an animal or insect bite, the suspected location where the bite occurred and the name and address of the owner of the animal or insect, if an owner is identified.
[
1997 Wisconsin Act 283] Section 454 (1) (f)
No later than April 30, 1999, the The committee shall submit a report of its findings and recommendations to the legislature in the manner provided under section 13.172 (2) of the statutes and to the governor. The report shall include any proposed legislation that is necessary to implement the recommendations made by the committee in its report.
[
1999 Wisconsin Act 9] Section 9158 (8w) (e) Notwithstanding the procedures for dissolution of a regional planning commission that are specified under section 66.945 (15) of the statutes, the Dane County regional planning commission shall be dissolved on October 1,
2002 2004. All unexpended funds of the commission on that date shall be applied to any outstanding indebtedness of the commission. If any outstanding indebtedness of the commission remains after the application of the unexpended funds to such debts, the remaining indebtedness shall be assessed to Dane County. If the commission has no outstanding indebtedness and has unexpended funds, such funds shall be returned to the cities, villages, towns or county that supplied them.
[
2001 Wisconsin Act 16] Section 9137 (6f)
Study on wild cranes. From the appropriation under section 20.370 (1) (kk) of the statutes, as created by this act, the department of natural resources shall provide in fiscal year 2001-02 a total of
$20,000 $30,000 and in fiscal year 2002-03 a total of $30,000 to the University of Wisconsin System and the International Crane Foundation jointly for a study of crop damage caused in this state by
wild cranes.
[
2001 Wisconsin Act 16] Section 9157 (7e)
Cost-effective transportation services for veterans. The department of veterans affairs and the department of administration, jointly, shall determine the most cost-effective methods for providing statewide transportation services to
disabled veterans under section 45.43 (7m) of the statutes, as created by this act.
[
2001 Wisconsin Act 16] Section 9158 (8x)
Community youth grants. Notwithstanding section 49.175 (1) (z) of the statutes, as affected by this act, from the moneys allocated under section 49.175 (1) (z) of the statutes, as affected by this act, the department of workforce development shall provide grants in each fiscal year of the 2001-03 fiscal biennium to the Wisconsin chapters of the Boys and Girls Clubs of America to improve social, academic, and employment skills of youth who are eligible to receive temporary assistance for needy families under
42 USC 601 et seq. The total amount of grants that are provided under this subsection in each fiscal year of the 2001-03 fiscal biennium shall be
$50,000 $300,000.
[
2001 Wisconsin Act 16] Section 9315 (1k)
Training and certification of chief inspectors. The treatment of sections 7.03 (1) (a), 7.15 (1) (e), 7.30 (1) and (6) (b), and 7.31 (2) of the statutes first applies with respect to elections held on September 1,
2002 2004.
109,9101
Section 9101.
Nonstatutory provisions; administration.
(1) Commission on local government.
(a) There is created a special committee to be called the commission on local government, which shall consist of members appointed by the governor.
(b) The governor shall appoint or determine the method of appointment of the officers of the commission and shall call the first meeting of the commission.
(c) The department of administration shall provide necessary administrative support services to the commission.
(d) The department of administration shall reimburse members of the commission for their actual and necessary expenses incurred in carrying out their functions from the appropriation under section 20.505 (4) (ba) of the statutes, within the budget of the committee authorized under section 16.40 (14) of the statutes.
(e) The commission shall:
1. Examine the organization, authority, and efficiency of local governments, the services provided by each type of local government, and the services required of local governments by the state.
2. Review the relationship of local governments with the state, examine spending by local governments, and identify ways to increase efficiency in the delivery of local governmental services.
(f) No later than February 1, 2003, the commission shall report its findings and recommendations to the governor, and to the legislature in the manner provided in section 13.172 (2) of the statutes. Upon submittal of its report, the commission ceases to exist.
(2) Sentencing commission; initial terms. Notwithstanding section 15.105 (27) (c) 1. of the statutes, as created by this act, the initial members of the sentencing commission shall be appointed for the following terms:
(a) Two members appointed under section 15.105 (27) (a) 3. of the statutes, as created by this act, one of whom is not employed by any unit of federal, state, or local government, one circuit judge, and one prosecutor, for terms expiring on January 1, 2004.
(b) Three members appointed under section 15.105 (27) (a) 3. of the statutes, as created by this act, one of whom is not employed by any unit of federal, state, or local government, and one circuit judge, for terms expiring on January 1, 2005.
(c) Two members appointed under section 15.105 (27) (a) 3. of the statutes, as created by this act, one representative of crime victims, and one attorney in private practice, for terms expiring on January 1, 2006.
(3) Position authorization. There is authorized for the sentencing commission 1.0 FTE GPR executive director position, 1.0 FTE GPR deputy director position, and 4.0 FTE GPR other positions to be funded from the appropriation under section 20.505 (4) (dr) of the statutes, as created by this act.
(4) Criminal penalties study committee. Until the members of the sentencing commission created under section 973.30 of the statutes, as created by this act, are appointed, the criminal penalties study committee shall provide information to lawyers, judges, the legislature, and the public regarding changes made in the substance and structure of criminal penalties to be imposed under this act.
