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).
AB1-SSA1-SA2,477,87
973.032
(4m) Release to community. (a) In this subsection, "victim" has the
8meaning given in s. 950.02 (4).
AB1-SSA1-SA2,477,129
(b) No earlier than 30 days before the date specified by the court under sub. (3)
10(b) 2., the department may petition the court for permission to release a person
11subject to an order under sub. (1) from a placement described under s. 301.048 (3) (a)
121.
AB1-SSA1-SA2,477,1913
(c) Upon the filing of a petition under par. (b), the court, with or without a
14hearing, may authorize the department to release the person from his or her
15placement any time after the date specified under sub. (3) (b) 2. If the court schedules
16a hearing on the petition, the clerk of the circuit court in which the petition is filed
17shall send a copy of the petition and a notice of hearing to the victim of the crime
18committed by the inmate, if the victim has submitted a card under par. (e) requesting
19notification, at least 10 days before the date of the hearing.
AB1-SSA1-SA2,477,2320
(d) The notice under par. (c) shall inform the victim that he or she may appear
21at the hearing and shall inform the victim of the manner in which he or she may
22provide written statements concerning the inmate's petition for release to extended
23supervision.
AB1-SSA1-SA2,478,10
1(e) The director of state courts shall design and prepare cards for a victim to
2send to the clerk of the circuit court in which the inmate is convicted and sentenced.
3The cards shall have space for a victim to provide his or her name and address, the
4name of the applicable inmate and any other information the director of state courts
5determines is necessary. The director of state courts shall provide the cards, without
6charge, to clerks of circuit court. Clerks of circuit court shall provide the cards,
7without charge, to victims. Victims may send completed cards to the clerk of the
8circuit court in which the inmate was convicted and sentenced. All court records or
9portions of records that relate to mailing addresses of victims are not subject to
10inspection or copying under s. 19.35 (1).
AB1-SSA1-SA2,478,1311
(f) If the court schedules a hearing on a petition filed under par. (b), the clerk
12of the court shall provide a copy of the petition and a notice of the hearing to the
13district attorney at least 10 days before the hearing.
AB1-SSA1-SA2,478,1916
973.032
(6) Credit. Any sentence credit under s. 973.155 (1) applies toward
17service of the period under sub. (3) (a) the term of confinement in prison portion of
18the bifurcated sentence of a person who is subject to this section but does not apply
19toward service of the period under sub. (3) (b).
AB1-SSA1-SA2,478,2521
973.032
(7) Participants on extended supervision. The court or the
22department may require a person ordered to participate in the intensive sanctions
23program under sub. (1) to remain in the intensive sanctions program as a condition
24of extended supervision, but subs. (2) to (6) do not apply to such persons once they
25are on extended supervision.".
AB1-SSA1-SA2,479,43
973.09
(6) The court may require as a condition of probation that the person
4participate in a drug treatment program under s. 973.031.".
AB1-SSA1-SA2,479,127
973.20
(10) The court may require that restitution be paid immediately, within
8a specified period or in specified
instalments installments. If the defendant is placed
9on probation or sentenced to imprisonment, the end of a specified period shall not be
10later than the end of any period of probation, extended supervision
, or parole.
If the
11defendant is sentenced to the intensive sanctions program, the end of a specified
12period shall not be later than the end of the sentence under s. 973.032 (3) (a).".
AB1-SSA1-SA2,479,21
15973.195 Sentence adjustment.
(1) Confinement in prison. (a) An inmate
16who is serving a sentence imposed under s. 973.01 for a crime other than a Class B
17felony may petition the sentencing court to adjust the sentence if the inmate has
18served at least 25 percent of the term of confinement in prison portion of the sentence.
19If an inmate is subject to more than one sentence imposed under this section, the
20sentences shall be treated individually for purposes of sentence adjustment under
21this subsection.
AB1-SSA1-SA2,479,2222
(b) Any of the following is a ground for a petition under par. (a):
AB1-SSA1-SA2,480,3
11. The inmate's conduct, efforts at and progress in rehabilitation, or
2participation and progress in education, treatment, or other correctional programs
3since he or she was sentenced.
AB1-SSA1-SA2,480,84
3. A change in law or procedure related to sentencing or revocation of extended
5supervision effective after the inmate was sentenced that would have resulted in a
6shorter term of confinement in prison or, if the inmate was returned to prison upon
7revocation of extended supervision, a shorter period of confinement in prison upon
8revocation, if the change had been applicable when the inmate was sentenced.
AB1-SSA1-SA2,480,109
4. The inmate is subject to a sentence of confinement in another state or the
10inmate is in the United States illegally and may be deported.
AB1-SSA1-SA2,480,1111
5. Sentence adjustment is otherwise in the interests of justice.
AB1-SSA1-SA2,480,1712
(c) Upon receipt of a petition filed under par. (a), the sentencing court may deny
13the petition or hold the petition for further consideration. If the court holds the
14petition for further consideration, the court shall notify the district attorney of the
15inmate's petition. If the district attorney objects to adjustment of the inmate's
16sentence within 45 days of receiving notification under this paragraph, the court
17shall deny the inmate's petition.
AB1-SSA1-SA2,481,218
(d) If the sentence for which the inmate seek's adjustment is for an offense
19under s. 940.225 (2) or (3), 948.02 (2), or 948.08 and the district attorney does not
20object to the petition within 10 days of receiving notice under par. (c), the district
21attorney shall notify the the victim, as defined under s. 950.02 (4), of the inmate's
22petition. The notice to the victim shall include information on the sentence
23adjustment petition process under this subsection, including information on how to
24object to the inmate's petition. If the victim objects to adjustment of the inmate's
1sentence within 45 days of the date on which the district attorney received notice
2under par. (c), the court shall deny the inmate's petition.
AB1-SSA1-SA2,481,63
(e) Notwithstanding the confidentiality of victim address information obtained
4under s. 302.113 (9g) (g) 3., a district attorney who is required to send notice to a
5victim under par. (d) or sub. (2) (c) may obtain from the clerk of the circuit court victim
6address information that the victim provided to the clerk under s. 302.113 (9g) (g) 3.
AB1-SSA1-SA2,481,117
(f) If the sentencing court receives no objection to sentence adjustment from the
8district attorney under par. (c) or the victim under par. (d) and the court determines
9that sentence adjustment is in the public interest, the court may adjust the inmate's
10sentence as provided under par. (g). The court shall include in the record written
11reasons for any sentence adjustment granted under this subsection.
AB1-SSA1-SA2,481,1312
(g) Except as provided under par. (h), the only sentence adjustments that a
13court may make under this subsection are as follows:
AB1-SSA1-SA2,481,1714
1. If the inmate is serving the term of confinement in prison portion of the
15sentence, a reduction in the term of confinement in prison by the amount of time
16remaining in the term of confinement in prison portion of the sentence, less up to 30
17days, and a corresponding increase in the term of extended supervision.
AB1-SSA1-SA2,481,2118
2. If the inmate is confined in prison upon revocation of extended supervision,
19a reduction in the amount of time remaining in the period of confinement in prison
20imposed upon revocation, less up to 30 days, and a corresponding increase in the term
21of extended supervision.
AB1-SSA1-SA2,482,422
(h) 1. If the court adjusts a sentence under par. (g) on the basis of a change in
23law or procedure as provided under par. (b) 3. and the total sentence length of the
24adjusted sentence is greater than the maximum sentence length that the offender
25could have received if the change in law or procedure had been applicable when the
1inmate was originally sentenced, the court may reduce the length of the term of
2extended supervision so that the total sentence length does not exceed the maximum
3sentence length that the offender could have received if the change in law or
4procedure had been applicable when the inmate was originally sentenced.
AB1-SSA1-SA2,482,135
2. If the court adjusts a sentence under par. (g) on the basis of a change in law
6or procedure as provided under par. (b) 3. and the adjusted term of extended
7supervision is greater than the maximum term of extended supervision that the
8offender could have received if the change in law or procedure had been applicable
9when the inmate was originally sentenced, the court may reduce the length of the
10term of extended supervision so that the term of extended supervision does not
11exceed the maximum term of extended supervision that the offender could have
12received if the change in law or procedure had been applicable when the inmate was
13originally sentenced.
AB1-SSA1-SA2,482,1714
(i) If an inmate's petition under this subsection is denied, the inmate may not
15submit another petition concerning the same sentence within 3 years of the date that
16the petition was denied. An inmate may submit no more than 2 petitions under this
17subsection for each sentence imposed under s. 973.01.
AB1-SSA1-SA2,483,3
18(2) Extended supervision. (a) A person who is serving a term of extended
19supervision imposed under s. 973.01 for a crime other than a Class B felony may
20petition the sentencing court to adjust the length of the term of extended supervision
21if the person has served at least 25 percent of the term of extended supervision and
22if a change law or procedure related to sentencing or revocation of extended
23supervision effective after the person was sentenced would have resulted in either
24a shorter total sentence or a shorter term of extended supervision had the change
25been applicable when the person was sentenced. If a petitioner is subject to more
1than one term of extended supervision imposed under s. 973.01, the terms of
2extended supervision shall be treated individually for purposes of adjustment under
3this subsection.