AB1-ASA1,331,1313 c. Section 939.62 (1) or 961.48.
AB1-ASA1, s. 1130 14Section 1130. 973.01 (2) (d) of the statutes is renumbered 973.01 (2) (d) (intro.)
15and amended to read:
AB1-ASA1,331,2016 973.01 (2) (d) Minimum and maximum term of extended supervision. (intro.)
17The term of extended supervision that follows the term of confinement in prison may
18not be less than 25% of the length of the term of confinement in prison imposed under
19par. (b). and, for a classified felony, is subject to whichever of the following limits is
20applicable:
AB1-ASA1, s. 1131 21Section 1131. 973.01 (2) (d) 1. to 6. of the statutes are created to read:
AB1-ASA1,331,2322 973.01 (2) (d) 1. For a Class B felony, the term of extended supervision may not
23exceed 20 years.
AB1-ASA1,331,2524 2. For a Class C felony, the term of extended supervision may not exceed 15
25years.
AB1-ASA1,332,2
13. For a Class D felony, the term of extended supervision may not exceed 10
2years.
AB1-ASA1,332,43 4. For a Class E, F, or G felony, the term of extended supervision may not exceed
45 years.
AB1-ASA1,332,65 5. For a Class H felony, the term of extended supervision may not exceed 3
6years.
AB1-ASA1,332,77 6. For a Class I felony, the term of extended supervision may not exceed 2 years.
AB1-ASA1, s. 1132 8Section 1132. 973.01 (4) of the statutes is amended to read:
AB1-ASA1,332,139 973.01 (4) No good time; extension or reduction of term of imprisonment. A
10person sentenced to a bifurcated sentence under sub. (1) shall serve the term of
11confinement in prison portion of the sentence without reduction for good behavior.
12The term of confinement in prison portion is subject to extension under s. 302.113 (3)
13and, if applicable, to reduction under s. 302.045 (3m), or 302.113 (9g).
AB1-ASA1, s. 1133 14Section 1133. 973.01 (6) of the statutes is amended to read:
AB1-ASA1,332,1615 973.01 (6) No parole. A person serving a bifurcated sentence imposed under
16sub. (1) is not eligible for release on parole under that sentence.
AB1-ASA1, s. 1134 17Section 1134. 973.0135 (1) (b) 2. of the statutes is amended to read:
AB1-ASA1,332,2318 973.0135 (1) (b) 2. Any felony under s. 940.09 (1), 1999 stats., s. 943.23 (1m)
19or (1r), 1999 stats., s. 948.35 (1) (b) or (c), 1999 stats., or s. 948.36, 1999 stats.,
s.
20940.01, 940.02, 940.03, 940.05, 940.09 (1) (1c), 940.16, 940.19 (5), 940.195 (5), 940.21,
21940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g),
22(1m) or (1r), 943.32 (2), 946.43 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c),
23948.05, 948.06, 948.07, 948.08, or 948.30 (2), 948.35 (1) (b) or (c) or 948.36.
AB1-ASA1, s. 1135 24Section 1135. 973.017 of the statutes is created to read:
AB1-ASA1,333,6
1973.017 Bifurcated sentences; use of guidelines; consideration of
2aggravating and mitigating factors.
(1) Definition. In this section, "sentencing
3decision" means a decision as to whether to impose a bifurcated sentence under s.
4973.01 or place a person on probation and a decision as to the length of a bifurcated
5sentence, including the length of each component of the bifurcated sentence, the
6amount of a fine, and the length of a term of probation.
AB1-ASA1,333,10 7(2) General requirement. When a court makes a sentencing decision
8concerning a person convicted of a criminal offense committed on or after the
9effective date of this subsection .... [revisor inserts date], the court shall consider all
10of the following:
AB1-ASA1,333,1511 (a) If the offense is a felony, the sentencing guidelines adopted by the
12sentencing commission under s. 973.30 or, if the sentencing commission has not
13adopted a guideline for the offense, any applicable temporary sentencing guideline
14adopted by the criminal penalties study committee created under 1997 Wisconsin
15Act 283
.
AB1-ASA1,333,1616 (ad) The protection of the public.
AB1-ASA1,333,1717 (ag) The gravity of the offense.
AB1-ASA1,333,1818 (ak) The rehabilitative needs of the defendant.
AB1-ASA1,333,2019 (b) Any applicable mitigating factors and any applicable aggravating factors,
20including the aggravating factors specified in subs. (3) to (8).
AB1-ASA1,333,22 21(3) Aggravating factors; generally. When making a sentencing decision for
22any crime, the court shall consider all of the following as aggravating factors:
AB1-ASA1,333,2523 (a) The fact that the person committed the crime while his or her usual
24appearance was concealed, disguised, or altered, with the intent to make it less likely
25that he or she would be identified with the crime.
AB1-ASA1,334,2
1(b) The fact that the person committed the crime using information that was
2disclosed to him or her under s. 301.46.
AB1-ASA1,334,63 (c) The fact that the person committed the crime for the benefit of, at the
4direction of, or in association with any criminal gang, as defined in s. 939.22 (9), with
5the specific intent to promote, further, or assist in any criminal conduct by criminal
6gang members, as defined in s. 939.22 (9g).
AB1-ASA1,334,97 (d) The fact that the person committed the felony while wearing a vest or other
8garment designed, redesigned, or adapted to prevent bullets from penetrating the
9garment.
AB1-ASA1,334,1310 (e) 1. Subject to subd. 2., the fact that the person committed the felony with the
11intent to influence the policy of a governmental unit or to punish a governmental unit
12for a prior policy decision, if any of the following circumstances also applies to the
13felony committed by the person:
AB1-ASA1,334,1414 a. The person caused bodily harm, great bodily harm, or death to another.
AB1-ASA1,334,1815 b. The person caused damage to the property of another and the total property
16damaged is reduced in value by $25,000 or more. For the purposes of this subd. 1.
17b., property is reduced in value by the amount that it would cost either to repair or
18to replace it, whichever is less.
AB1-ASA1,334,1919 c. The person used force or violence or the threat of force or violence.
AB1-ASA1,334,2420 2. a. In this subdivision, "labor dispute" includes any controversy concerning
21terms, tenure, or conditions of employment or concerning the association or
22representation of persons in negotiating, fixing, maintaining, changing, or seeking
23to arrange terms or conditions of employment, regardless of whether the disputants
24stand in the proximate relation of employer and employee.
AB1-ASA1,335,2
1b. Subdivision 1. does not apply to conduct arising out of or in connection with
2a labor dispute.
AB1-ASA1,335,4 3(4) Aggravating factors; serious sex crimes committed while infected with
4certain diseases.
(a) In this subsection:
AB1-ASA1,335,65 1. "HIV" means any strain of human immunodeficiency virus, which causes
6acquired immunodeficiency syndrome.
AB1-ASA1,335,87 2. "Serious sex crime" means a violation of s. 940.225 (1) or (2), 948.02 (1) or (2),
8or 948.025.
AB1-ASA1,335,109 3. "Sexually transmitted disease" means syphilis, gonorrhea, hepatitis B,
10hepatitis C, or chlamydia.
AB1-ASA1,335,1311 4. "Significantly exposed" means sustaining a contact which carries a potential
12for transmission of a sexually transmitted disease or HIV by one or more of the
13following:
AB1-ASA1,335,1614 a. Transmission, into a body orifice or onto mucous membrane, of blood; semen;
15vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial, or
16amniotic fluid; or other body fluid that is visibly contaminated with blood.
AB1-ASA1,335,2017 b. Exchange, during the accidental or intentional infliction of a penetrating
18wound, including a needle puncture, of blood; semen; vaginal secretions;
19cerebrospinal, synovial, pleural, peritoneal, pericardial, or amniotic fluid; or other
20body fluid that is visibly contaminated with blood.
AB1-ASA1,335,2421 c. Exchange, into an eye, an open wound, an oozing lesion, or other place where
22a significant breakdown in the epidermal barrier has occurred, of blood; semen;
23vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial, or
24amniotic fluid; or other body fluid that is visibly contaminated with blood.
AB1-ASA1,336,3
1(b) When making a sentencing decision concerning a person convicted of a
2serious sex crime, the court shall consider as an aggravating factor the fact that the
3serious sex crime was committed under all of the following circumstances:
AB1-ASA1,336,74 1. At the time that he or she committed the serious sex crime, the person
5convicted of committing the serious sex crime had a sexually transmitted disease or
6acquired immunodeficiency syndrome or had had a positive test for the presence of
7HIV, antigen, or nonantigenic products of HIV or an antibody to HIV.
AB1-ASA1,336,128 2. At the time that he or she committed the serious sex crime, the person
9convicted of committing the serious sex crime knew that he or she had a sexually
10transmitted disease or acquired immunodeficiency syndrome or that he or she had
11had a positive test for the presence of HIV, antigen, or nonantigenic products of HIV
12or an antibody to HIV.
AB1-ASA1,336,1513 3. The victim of the serious sex crime was significantly exposed to HIV or to the
14sexually transmitted disease, whichever is applicable, by the acts constituting the
15serious sex crime.
AB1-ASA1,336,17 16(5) Aggravating factors; violent felony committed against elder person. (a)
17In this subsection:
AB1-ASA1,336,1818 1. "Elder person" means any individual who is 62 years of age or older.
AB1-ASA1,336,2019 2. "Violent felony" means any felony under s. 940.19 (2), (4), (5), or (6), 940.225
20(1), (2), or (3), 940.23, or 943.32.
AB1-ASA1,336,2421 (b) When making a sentencing decision concerning a person convicted of a
22violent felony, the court shall consider as an aggravating factor the fact that the
23victim of the violent felony was an elder person. This paragraph applies even if the
24person mistakenly believed that the victim had not attained the age of 62 years.
AB1-ASA1,337,7
1(6) Aggravating factors; child sexual assault or child abuse by certain
2persons.
(a) In this subsection, "person responsible for the welfare the child"
3includes the child's parent, stepparent, guardian, foster parent, or treatment foster
4parent; an employee of a public or private residential home, institution, or agency;
5any other person legally responsible for the child's welfare in a residential setting;
6or a person employed by one who is legally responsible for the child's welfare to
7exercise temporary control or care for the child.
AB1-ASA1,337,118 (b) When making a sentencing decision concerning a person convicted of a
9violation of s. 948.02 (1) or (2), 948.025 (1), or 948.03 (2) or (3), the court shall consider
10as an aggravating factor the fact that the person was a person responsible for the
11welfare of the child who was the victim of the violation.
AB1-ASA1,337,16 12(7) Aggravating factors; homicide or injury by intoxicated use of a vehicle.
13When making a sentencing decision concerning a person convicted of a violation of
14s. 940.09 (1) or 940.25 (1), the court shall consider as an aggravating factor the fact
15that, at the time of the violation, there was a minor passenger under 16 years of age
16or an unborn child in the person's motor vehicle.
AB1-ASA1,337,19 17(8) Aggravating factors; controlled substances offenses. (a) Distribution
18or delivery to prisoners.
1. In this paragraph, "precinct" means a place where any
19activity is conducted by a prison, jail, or house of correction.
AB1-ASA1,337,2420 2. When making a sentencing decision concerning a person convicted of
21violating s. 961.41 (1) or (1m), the court shall consider as an aggravating factor the
22fact that the violation involved delivering, distributing, or possessing with intent to
23deliver or distribute a controlled substance or controlled substance analog to a
24prisoner within the precincts of any prison, jail, or house of correction.
AB1-ASA1,338,7
1(b) Distribution or delivery on public transit vehicles. When making a
2sentencing decision concerning a person convicted of violating s. 961.41 (1) or (1m),
3the court shall consider as an aggravating factor the fact that the violation involved
4delivering, distributing, or possessing with intent to deliver or distribute a controlled
5substance included in schedule I or II or a controlled substance analog of any
6controlled substance included in schedule I or II and that the person knowingly used
7a public transit vehicle during the violation.
AB1-ASA1,338,12 8(9) Aggravating factors not an element of the crime. The aggravating factors
9listed in this section are not elements of any crime. A prosecutor is not required to
10charge any aggravating factor or otherwise allege the existence of an aggravating
11factor in any pleading for a court to consider the aggravating factor when making a
12sentencing decision.
AB1-ASA1,338,21 13(10) Use of guidelines; no right to or basis for appeal. The requirement
14under sub. (2) (a) that a court consider sentencing guidelines adopted by the
15sentencing commission or the criminal penalties study committee does not require
16a court to make a sentencing decision that is within any range or consistent with a
17recommendation specified in the guidelines, and there is no right to appeal a court's
18sentencing decision based on the court's decision to depart in any way from any
19guideline. In any appeal from a court's sentencing decision, the appellate court may
20reverse the sentencing decision only if it determines that the sentencing court
21erroneously exercised its discretion in making the sentencing decision.
AB1-ASA1,338,24 22(10m) Statement of reasons for sentencing decision. (a) The court shall
23state the reasons for its sentencing decision and, except as provided in par. (b), shall
24do so in open court and on the record.
AB1-ASA1,339,4
1(b) If the court determines that it is not in the interest of the defendant for it
2to state the reasons for its sentencing decision in the defendant's presence, the court
3shall state the reasons for its sentencing decision in writing and include the written
4statement in the record.
AB1-ASA1, s. 1136 5Section 1136. 973.03 (3) (e) 1. and 2. of the statutes are amended to read:
AB1-ASA1,339,66 973.03 (3) (e) 1. A crime which is a Class A or, B, or C felony.
AB1-ASA1,339,87 2. A crime which is a Class C D, E, F, or G felony listed in s. 969.08 (10) (b), but
8not including any crime specified in s. 943.10.
AB1-ASA1, s. 1137 9Section 1137. 973.03 (3) (e) 3. of the statutes is repealed.
AB1-ASA1, s. 1138 10Section 1138. 973.032 (4) (c) 2. of the statutes is amended to read:
AB1-ASA1,339,1311 973.032 (4) (c) 2. The person is sentenced for the escape under s. 946.42 (4) (b)
12to a sentence of imprisonment concurrent with the sentence to the intensive
13sanctions program.
AB1-ASA1, s. 1141 14Section 1141. 973.09 (2) (b) 1. of the statutes is amended to read:
AB1-ASA1,339,1715 973.09 (2) (b) 1. Except as provided in subd. 2., for felonies, not less than one
16year nor more than either the statutory maximum term of imprisonment
17confinement in prison for the crime or 3 years, whichever is greater.
AB1-ASA1, s. 1142 18Section 1142. 973.15 (2m) of the statutes is created to read:
AB1-ASA1,339,1919 973.15 (2m) (a) Definitions. In this subsection:
AB1-ASA1,339,2220 1. "Determinate sentence" means a bifurcated sentence imposed under s.
21973.01 or a life sentence under which a person is eligible for release to extended
22supervision under s. 973.014 (1g) (a) 1. or 2.
AB1-ASA1,339,2423 2. "Indeterminate sentence" means a sentence to the Wisconsin state prisons
24other than one of the following:
AB1-ASA1,339,2525 a. A determinate sentence.
AB1-ASA1,340,2
1b. A sentence under which the person is not eligible for release on parole under
2s. 939.62 (2m) (c) or 973.014 (1) (c).
AB1-ASA1,340,73 3. "Period of confinement in prison," with respect to any sentence to the
4Wisconsin state prisons, means any time during which a person is incarcerated
5under that sentence, including any extensions imposed under s. 302.11 (3), 302.113
6(3), or 302.114 (3) and any period of confinement in prison required to be served under
7s. 302.11 (7) (am), 302.113 (9) (am), or 302.114 (9) (am).
AB1-ASA1,340,128 (b) Determinate sentences imposed to run concurrent with or consecutive to
9determinate sentences.
1. If a court provides that a determinate sentence is to run
10concurrent with another determinate sentence, the person sentenced shall serve the
11periods of confinement in prison under the sentences concurrently and the terms of
12extended supervision under the sentences concurrently.
AB1-ASA1,340,1713 2. If a court provides that a determinate sentence is to run consecutive to
14another determinate sentence, the person sentenced shall serve the periods of
15confinement in prison under the sentences consecutively and the terms of extended
16supervision under the sentences consecutively and in the order in which the
17sentences have been pronounced.
AB1-ASA1,340,2418 (c) Determinate sentences imposed to run concurrent with or consecutive to
19indeterminate sentences.
1. If a court provides that a determinate sentence is to run
20concurrent with an indeterminate sentence, the person sentenced shall serve the
21period of confinement in prison under the determinate sentence concurrent with the
22period of confinement in prison under the indeterminate sentence and the term of
23extended supervision under the determinate sentence concurrent with the parole
24portion of the indeterminate sentence.
AB1-ASA1,341,6
12. If a court provides that a determinate sentence is to run consecutive to an
2indeterminate sentence, the person sentenced shall serve the period of confinement
3in prison under the determinate sentence consecutive to the period of confinement
4in prison under the indeterminate sentence and the parole portion of the
5indeterminate sentence consecutive to the term of extended supervision under the
6determinate sentence.
AB1-ASA1,341,137 (d) Indeterminate sentences imposed to run concurrent with or consecutive to
8determinate sentences.
1. If a court provides that an indeterminate sentence is to run
9concurrent with a determinate sentence, the person sentenced shall serve the period
10of confinement in prison under the indeterminate sentence concurrent with the
11period of confinement in prison under the determinate sentence and the parole
12portion of the indeterminate sentence concurrent with the term of extended
13supervision required under the determinate sentence.
AB1-ASA1,341,1914 2. If a court provides that an indeterminate sentence is to run consecutive to
15a determinate sentence, the person sentenced shall serve the period of confinement
16in prison under the indeterminate sentence consecutive to the period of confinement
17in prison under the determinate sentence and the parole portion of the
18indeterminate sentence consecutive to the term of extended supervision under the
19determinate sentence.
AB1-ASA1,341,2520 (e) Revocation in multiple sentence cases. If a person is serving concurrent
21determinate sentences and extended supervision is revoked in each case, or if a
22person is serving a determinate sentence concurrent with an indeterminate sentence
23and both extended supervision and parole are revoked, the person shall concurrently
24serve any periods of confinement in prison required under those sentences under s.
25302.11 (7) (am), 302.113 (9) (am), or 302.114 (9) (am).
AB1-ASA1, s. 1143
1Section 1143. 973.155 (1) (b) of the statutes is amended to read:
AB1-ASA1,342,62 973.155 (1) (b) The categories in par. (a) include custody of the convicted
3offender which is in whole or in part the result of a probation, extended supervision
4or parole hold under s. 302.113 (8m), 302.114 (8m), 304.06 (3), or 973.10 (2) placed
5upon the person for the same course of conduct as that resulting in the new
6conviction.
AB1-ASA1, s. 1144 7Section 1144. 973.30 of the statutes is created to read:
AB1-ASA1,342,9 8973.30 Sentencing commission. (1) Duties. The sentencing commission
9shall do all of the following:
AB1-ASA1,342,1110 (a) Select an executive director having appropriate training and experience to
11study sentencing practices and prepare proposed sentencing guidelines.
AB1-ASA1,342,1212 (b) Monitor and compile data regarding sentencing practices in the state.
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