2005 - 2006 LEGISLATURE
February 28, 2005 - Introduced by Representatives Van Roy, Krawczyk, Kerkman,
Bies, Owens, Hines, Hahn, Vos, Petrowski, Hundertmark, Albers, Townsend,
Gunderson and Ott, cosponsored by Senators Cowles, A. Lasee, Lassa and
Wirch. Referred to Committee on Corrections and the Courts.
1An Act to amend
972.15 (4); and to create
972.15 (4m) of the statutes; relating
2to: access to presentence investigation reports.
Analysis by the Legislative Reference Bureau
Currently, a court may order the Department of Corrections (DOC) to conduct
a presentence investigation of a person who has been convicted of a felony to aid the
court in determining an appropriate sentence. The court must disclose the contents
of a presentence investigation report to the district attorney and the defendant's
attorney before sentencing. If the defendant is not represented, the court must
disclose the contents of the report to the defendant before sentencing. After
sentencing, the report must be kept confidential, except that DOC may use or release
the report for the purpose of correctional programming, and the court may authorize
This bill provides that the district attorney and the defendant's attorney are
entitled to a copy of the presentence investigation report. A defendant who is not
represented is also entitled to a copy of the report. The bill requires that any district
attorney, defendant's attorney, or defendant who receives a copy of a presentence
investigation report must keep the report confidential.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB143, s. 1
972.15 (4) of the statutes is amended to read:
972.15 (4) After Except as provided in sub. (4m) or (5), after
2otherwise authorized under sub. (5) or ordered by the court,
the presentence 3
investigation report shall be confidential and shall not be made available to any 4
person except upon specific authorization of the court.
AB143, s. 2
972.15 (4m) of the statutes is created to read:
The district attorney and the defendant's attorney are entitled to 7
have and keep a copy of the presentence investigation report. If the defendant is not 8
represented by counsel, the defendant is entitled to have and keep a copy of the 9
report. A district attorney, defendant's attorney, or defendant who receives a copy 10
of the report shall keep it confidential.