AB1-SSA1-SA2,468,6
1949.01
(6) "Victim" means a person who is injured or killed by an incident
2specified in s. 949.03 (1) (a),
or by any act or omission of any other person that is
3within the description of any of the offenses listed in s. 949.03 (1) (b) or within the
4description of the offense listed and the condition provided in s. 949.03 (1) (c)
, or as
5a result of a crime described in s. 949.03 (1) (d). This definition does not apply to s.
6949.165.
AB1-SSA1-SA2,468,12
8949.02 Administration. The department shall administer this chapter. The
9department shall appoint a program director to assist in administering this chapter.
10The department shall promulgate rules for the implementation and operation of this
11chapter. The rules shall include procedures to ensure that any limitation of an award
12under s. 949.06 (5) (e) is calculated in a fair and equitable manner.
AB1-SSA1-SA2,468,1914
949.03
(1) (a) Preventing or attempting to prevent the commission of a crime;
15apprehending or attempting to apprehend a suspected criminal; aiding or
16attempting to aid a police officer to apprehend or arrest a suspected criminal; aiding
17or attempting to aid a victim of a crime specified in par. (b);
or aiding or attempting
18to aid a victim of the crime specified and the condition provided in par. (c)
; or aiding
19or attempting to aid a victim of a crime specified in par. (d).
AB1-SSA1-SA2,469,221
949.03
(1) (b) The commission or the attempt to commit any crime specified in
22s. 346.62 (4), 346.63 (2) or (6), 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08,
23940.09, 940.10, 940.19, 940.20, 940.201, 940.21, 940.22 (2), 940.225, 940.23, 940.24,
24940.25, 940.285, 940.29, 940.30, 940.305, 940.31, 940.32, 941.327, 943.02, 943.03,
1943.04, 943.10, 943.20, 943.23 (1g), (1m) or (1r), 943.32, 948.02, 948.025, 948.03,
2948.04,
948.055, 948.06, 948.07,
948.08, 948.09, 948.095, 948.20, 948.30
, or 948.51.".
AB1-SSA1-SA2,469,99
949.03
(1) (d) The commission of any crime described in s. 973.017 (3) (e).
AB1-SSA1-SA2,469,1211
949.03
(2) The department may order the payment of an award to a child who
12observes or hears an act of domestic abuse, as defined in s. 813.12 (1) (a).
AB1-SSA1-SA2,469,1614
949.03
(3) The department may order the payment of an award to a person who
15witnesses a violent crime involving death or great bodily harm, as defined in s. 939.22
16(14).
AB1-SSA1-SA2,469,2318
949.05
(1) (intro.) In any case in which a person is injured or killed by an
19incident specified in s. 949.03 (1) (a), by any act or omission of any other person that
20is within the description of crimes under s. 949.03 (1) (b) or
(d), or by any act or
21omission of any person that is within the description of the crime listed and the
22condition provided under s. 949.03 (1) (c), the department may order the payment of
23an award:
AB1-SSA1-SA2,470,2
1949.05
(2) The department may order the payment of an award to a child under
2s. 949.03 (2).
AB1-SSA1-SA2,470,54
949.05
(3) The department may order the payment of an award to a person who
5witnesses a crime described in s. 949.03 (3).
AB1-SSA1-SA2,470,117
949.06
(1) (bf) Up to one week of net salary for a person taking unpaid leave
8from work to care for a victim who has suffered personal injury as a result of conduct
9described in s. 949.03, if the victim is one of the person's family members, as defined
10in sub. (1m) (a), or if the person is the legal guardian for the victim. This benefit may
11not exceed $500 per incident.
AB1-SSA1-SA2,470,1513
949.06
(1) (d) Reasonable funeral and burial expenses, not to exceed
$2,000 14$3,000. The funeral and burial award may not be considered by the department
15under sub. (2).
AB1-SSA1-SA2,470,2017
949.06
(1) (g) If a child has been the victim of a crime under s. 940.225, 948.02,
18948.025, 948.03, 948.055, 948.06, 948.07, 948.08, 948.09, or 948.095, mental health
19treatment for the child's custodial parent or legal guardian that the parent or
20guardian obtains for himself or herself in response to the offense.
AB1-SSA1-SA2,470,2522
949.06
(1c) The department may order the payment of an award to a person
23under s. 949.03 (2) for mental health treatment directly related to the child's reaction
24to observing or hearing an act of domestic abuse, as defined in s. 813.12 (1) (a). The
25department shall establish limits to awards under this subsection.
AB1-SSA1-SA2,471,52
949.06
(1e) The department may order the payment of an award to a person
3under s. 949.03 (3) for mental health treatment directly related to the person's
4reaction to witnessing the crime to which that section relates. The department shall
5establish limits to awards under this subsection.
AB1-SSA1-SA2, s. 938ec
6Section 938ec. 949.06 (5) (a) of the statutes is renumbered 949.06 (5) and
7amended to read:
AB1-SSA1-SA2,471,108
949.06
(5) Except as provided in pars. (b) to (e), the The department shall make
9awards under this section from the appropriations under s. 20.455 (5) (b), (kj)
, and
10(m).
AB1-SSA1-SA2, s. 938eg
12Section 938eg. 949.11 (3) of the statutes is renumbered 949.11 (3) (a) and
13amended to read:
AB1-SSA1-SA2,471,1614
949.11
(3) (a)
All Except as provided in par. (b), all hearings shall be open to
15the public
unless, but the examiner and the department shall comply with s. 949.16
16(2).
AB1-SSA1-SA2,471,20
17(b) The hearing examiner may close a hearing or a portion of a hearing in a
18particular case
the examiner determines that the hearing, or a portion thereof, shall
19be held in private having with regard to the fact that the offender has not been
20convicted or to the interest of the victim of an alleged sexual offense.
AB1-SSA1-SA2, s. 938ej
21Section 938ej. 949.16 of the statutes is renumbered 949.16 (1) and amended
22to read:
AB1-SSA1-SA2,472,223
949.16
(1) The Except as provided in sub. (2), the record of a proceeding before
24an examiner or the department under this chapter is a public record. Any record or
1report obtained by an examiner or the department, the confidentiality of which is
2protected by
sub. (2) or any other law or rule, shall remain confidential.
AB1-SSA1-SA2,472,64
949.16
(2) The examiner and the department shall keep confidential the
5address, the electronic address, and the telephone number of each victim, applicant,
6and member of the victim's family or household.
AB1-SSA1-SA2,472,108
950.04
(1v) (g) To have reasonable attempts made to notify the victim of
9hearings or court proceedings, as provided under ss.
302.113 (9g) (g) 2., 302.114 (6), 10938.27 (4m) and (6), 938.273 (2),
and 971.095 (3)
and 972.14 (3) (b).".
AB1-SSA1-SA2,472,1413
950.04
(1v) (gm) To have reasonable attempts made to notify the victim of
14petitions for sentence adjustment as provided under s. 973.195 (1) (d) or (2) (c).".
AB1-SSA1-SA2,472,2117
950.04
(1v) (ve) If a hearing is scheduled in response to a petition filed by the
18department of corrections under s. 973.032 (4m) (b) for permission to release a person
19from a placement in the intensive supervision program under s. 301.048 (3) (a) 1., to
20have the appropriate clerk of court send the victim a copy of a petition and
21notification of the hearing on that petition under s. 973.032 (4m) (c).".
AB1-SSA1-SA2,473,7
1950.08
(2g) (c) The address and telephone number of the intake worker,
2corporation counsel
, or district attorney whom the victim may contact to obtain
3information concerning the rights of victims and to request notice of court
4proceedings under ss. 938.27 (4m) and (6), 938.273 (2),
and 938.299 (1) (am)
and
5938.335 (3m) (b) or ss. or under s. 971.095 (3)
and 972.14 (3) (b), whichever is
6applicable, and to request the opportunity to confer under
ss. s. 938.245 (1m),
7938.265
, or 938.32 (1) (am) or
under s. 971.095 (2), whichever is applicable.".
AB1-SSA1-SA2,473,1510
972.14
(3) (b)
After a conviction, if
If the district attorney knows of a victim of
11a crime to be considered at sentencing, the district attorney shall make a reasonable
12attempt to contact that person to inform him or her of the right to make or provide
13a statement under par. (a). Any failure to comply with this paragraph is not a ground
14for an appeal of a judgment of conviction or for any court to reverse or modify a
15judgment of conviction.".
AB1-SSA1-SA2,473,2119
973.01
(5) Other extended supervision conditions. Whenever the court
20imposes a bifurcated sentence under sub. (1), the court may impose conditions upon
21the term of extended supervision
, including drug treatment under s. 973.031.".
AB1-SSA1-SA2,474,9
3"
(10mm) Required findings of fact. (a) Except as provided in par. (b), the
4court shall make explicit findings of fact in open court and on the record to support
5each element of its sentencing decision, including its decision as to whether to impose
6a bifurcated sentence under s. 973.01 or to place a person on probation and its
7decision as to the length of a bifurcated sentence, including the length of each
8component of the bifurcated sentence, the amount of a fine, and the length of a term
9of probation.
AB1-SSA1-SA2,474,1210
(b) If the court determines that is not in the interest of the defendant to make
11the findings of fact required under par. (a) in the defendant's presence, the court shall
12make the findings of fact in writing and include the written findings in the record.
AB1-SSA1-SA2,474,17
13(11m) Standard of review on appeal. In an appeal from a court's sentencing
14decision, the appellate court shall reverse the sentencing decision if it determines
15that the sentencing court erroneously exercised its discretion in making the
16sentencing decision or there is not substantial evidence in the record to support the
17sentencing decision.".
AB1-SSA1-SA2,475,4
20973.031 Court-ordered drug treatment. When the court imposes a
21sentence or places a person on probation for any offense committed on or after the
22effective date of this section .... [revisor inserts date], the court may order the person
23to participate in a drug treatment program as a condition of probation or, in the case
24of a person sentenced under s. 973.01, while the person is in prison or as a condition
1of extended supervision or both. The court may order the department to pay for the
2cost of drug treatment under this section from the appropriation under s. 20.410 (1)
3(a) for persons in jail or prison or under s. 20.410 (1) (b) for persons on probation or
4extended supervision.".
AB1-SSA1-SA2,475,8
7973.032 (title)
Sentence to
Required participation in intensive
8sanctions program.
AB1-SSA1-SA2,475,1610
973.032
(1) Sentence Authority to order. Beginning July 1, 1992, Except as
11provided in sub. (2), a court may
sentence order a person who is convicted of a felony
12occurring on or after August 15, 1991, but before December 31, 1999, to participate
13in the intensive sanctions program under s. 301.048
.
If a person is convicted of a
14felony occurring on or after December 31, 1999, a court may not sentence the person
15to participate in the intensive sanctions program under s. 301.048
during the entire
16term of confinement in prison portion of the bifurcated sentence.
AB1-SSA1-SA2,476,218
973.032
(2) (a) A court may
sentence
order a person
to participate in the
19intensive sanctions program under sub. (1) if the department provides a presentence
20investigation report recommending that the person be
sentenced to ordered to
21participate in the program. If the department does not make the recommendation,
22a court may order the department to assess and evaluate the person. After that
23assessment and evaluation, the court may
sentence
order the person to
participate
1in the program unless the department objects on the ground that it recommends that
2the person be placed on probation.
AB1-SSA1-SA2,476,94
973.032
(2) (b) Notwithstanding par. (a), the court may not
sentence order a
5person
to participate in the intensive sanctions program under sub. (1) if he or she
6is convicted of a felony punishable by life imprisonment or has at any time been
7convicted, adjudicated delinquent
, or found not guilty or not responsible by reason
8of insanity or mental disease, defect
, or illness for committing a violent offense, as
9defined in s. 301.048 (2) (bm).
AB1-SSA1-SA2, s. 1137u
12Section 1137u. 973.032 (3) (b) of the statutes is renumbered 973.032 (3) (b)
13(intro.) and amended to read:
AB1-SSA1-SA2,476,1614
973.032
(3) (b) (intro.)
The If the court orders a person to participate in the
15intensive sanctions program under sub. (1), the court shall
provide a maximum
16period for placements do all of the following:
AB1-SSA1-SA2,476,18
171. Order that the person be placed under s. 301.048 (3) (a) 1
., which may not
18exceed for at least one year
unless the defendant waives this requirement.
AB1-SSA1-SA2,476,2220
973.032
(3) (b) 2. Subject to the limitation imposed under s. 301.048 (3) (bm)
212., specify the date on which the person is eligible for release from that placement
22under sub. (4m).
AB1-SSA1-SA2,477,324
973.032
(3) (c) 2. The court may prescribe reasonable and necessary conditions
25of the sentence in accordance with s. 301.048 (3)
in an order issued under sub. (1),
1except the court may not specify a particular Type 1 prison, jail, camp
, or facility
2where the offender is to be placed under s. 301.048 (3) (a) and the court may not
3restrict the department's authority under s. 301.048 (3) (b) or (c).