AB75,1634,2217
949.01
(2) "Dependent" means any spouse,
domestic partner under ch. 770, 18parent, grandparent, stepparent, child, stepchild, adopted child, grandchild,
19brother, sister, half brother, half sister, or parent of spouse
or of domestic partner
20under ch. 770, of a deceased victim who was wholly or partially dependent upon the
21victim's income at the time of the victim's death and includes any child of the victim
22born after the victim's death.
AB75, s. 3358
23Section
3358. 949.06 (1m) (a) of the statutes is amended to read:
AB75,1635,324
949.06
(1m) (a) In this subsection, "family member" means any spouse,
25domestic partner under ch. 770, parent, grandparent, stepparent, child, stepchild,
1adopted child, grandchild, foster child, treatment foster child, brother, sister, half
2brother, half sister, aunt, uncle, nephew, niece, or parent or sibling of spouse
or of
3domestic partner under ch. 770.
AB75, s. 3359
4Section
3359
. 949.06 (1m) (a) of the statutes, as affected by 2009 Wisconsin
5Act .... (this act), is amended to read:
AB75,1635,106
949.06
(1m) (a) In this subsection, "family member" means any spouse,
7domestic partner under s. 770.05, parent, grandparent, stepparent, child, stepchild,
8adopted child, grandchild, foster child,
treatment foster child, brother, sister, half
9brother, half sister, aunt, uncle, nephew, niece, or parent or sibling of spouse or of a
10domestic partner under ch. 770.
AB75, s. 3360
11Section
3360. 950.04 (1v) (f) of the statutes is amended to read:
AB75,1635,1412
950.04
(1v) (f) To have the
parole
earned release review commission make a
13reasonable attempt to notify the victim of applications for parole
or release to
14extended supervision, as provided under s. 304.06 (1).
AB75, s. 3361
15Section
3361. 950.04 (1v) (gm) of the statutes is amended to read:
AB75,1635,1916
950.04
(1v) (gm) To have reasonable attempts made to notify the victim of
17petitions for
sentence adjustment as provided release to extended supervision under
18s.
973.195 (1r) (d) 302.113 (2) (b) or 304.06 (1) or discharge under s. 973.01 (4m) or
19(4r).
AB75, s. 3362
20Section
3362. 950.04 (1v) (nt) of the statutes is amended to read:
AB75,1635,2321
950.04
(1v) (nt) To attend a hearing on a petition for modification of a
22bifurcated sentence and provide a statement concerning
department modification of
23the bifurcated sentence, as provided under s. 302.113 (9g) (d).
AB75, s. 3363
24Section
3363. 950.04 (1v) (v) of the statutes is amended to read:
AB75,1636,10
1950.04
(1v) (v) To have the department of corrections make a reasonable
2attempt to notify the victim under s. 301.046 (4) regarding community residential
3confinements, under s. 301.048 (4m) regarding participation in the intensive
4sanctions program, under s. 301.38 regarding escapes from a Type 1 prison, under
5s. 301.46 (3) regarding persons registered under s. 301.45, under s. 302.105
6regarding release upon expiration of certain sentences, under s. 304.063 regarding
7extended supervision and parole releases,
and under s. 938.51 regarding release or
8escape of a juvenile from correctional custody
, and under s. 973.10 (1g) (e) regarding
9a determination by the department of corrections that the department may not
10supervise an offender.
AB75, s. 3364
11Section
3364. 961.41 (5) (c) 1. of the statutes is amended to read:
AB75,1636,1412
961.41
(5) (c) 1. The first $850,000 plus two-thirds of all moneys in excess of
13$1,275,000 collected in each fiscal year from drug surcharges under this subsection
14shall be credited to the appropriation account under s. 20.435
(6) (5) (gb).
AB75, s. 3365
15Section
3365. 971.14 (5) (a) of the statutes is amended to read:
AB75,1637,516
971.14
(5) (a) If the court determines that the defendant is not competent but
17is likely to become competent within the period specified in this paragraph if
18provided with appropriate treatment, the court shall suspend the proceedings and
19commit the defendant to the custody of the department of health services for the
20department to determine whether treatment shall occur in an appropriate
21institution designated by the department, or in a community-based treatment
22conducted in a jail or a locked unit of a facility that has entered into a voluntary
23agreement with the state to serve as a location for treatment, or as a condition of bail
24or bond, for a period of time not to exceed
12 6 months, or the maximum sentence
25specified for the most serious offense with which the defendant is charged, whichever
1is less. Under this subsection, the department of health services may commence
2services to a person in jail but shall, as soon as possible, transfer that person to an
3institution or provide services to the person in a nonjail setting consistent with this
4subsection. Days spent in commitment under this paragraph are considered days
5spent in custody under s. 973.155.
AB75, s. 3366
6Section
3366. 971.14 (5) (b) of the statutes is amended to read:
AB75,1637,187
971.14
(5) (b) The defendant shall be
periodically reexamined by the
8department of health services examiners. Written reports of examination shall be
9furnished to the court
3 2 months after commitment
, 6 months after commitment,
109 months after commitment and within 30 days prior to the expiration of
11commitment. Each report shall indicate
either that the defendant has become
12competent, that the defendant remains incompetent but that attainment of
13competency is likely within the remaining commitment period, or that the defendant
14has not made such progress that attainment of competency is likely within the
15remaining commitment period. Any report indicating such a lack of sufficient
16progress shall include the examiner's opinion regarding whether the defendant is
17mentally ill, alcoholic, drug dependent, developmentally disabled
, or infirm because
18of aging or other like incapacities.
AB75, s. 3367
19Section
3367. 971.14 (5) (d) of the statutes is amended to read:
AB75,1638,220
971.14
(5) (d) If the defendant is receiving medication the court may make
21appropriate orders for the continued administration of the medication in order to
22maintain the competence of the defendant for the duration of the proceedings. If a
23defendant who has been restored to competency thereafter again becomes
24incompetent, the maximum commitment period under par. (a) shall be
18 12 months
1minus the days spent in previous commitments under this subsection, or
12 6 2months, whichever is less.
AB75, s. 3368
3Section
3368. 971.17 (2) (title) of the statutes is amended to read:
AB75,1638,44
971.17
(2) (title)
Investigation and examination.
AB75, s. 3369
5Section
3369. 971.17 (2) (a) of the statutes is amended to read:
AB75,1638,136
971.17
(2) (a) The court shall enter an initial commitment order under this
7section pursuant to a hearing held as soon as practicable after the judgment of not
8guilty by reason of mental disease or mental defect is entered. If the court lacks
9sufficient information to make the determination required by sub. (3) immediately
10after trial, it may adjourn the hearing and order the department of health services
11to conduct a predisposition investigation using the procedure in s. 972.15
or a
12supplementary mental examination or both, to assist the court in framing the
13commitment order.
AB75, s. 3370
14Section
3370. 971.17 (2) (b), (c) and (d) of the statutes are repealed.
AB75, s. 3371
15Section
3371. 971.17 (2) (e) of the statutes is amended to read:
AB75,1638,2416
971.17
(2) (e) The
examiner appointed
person conducting the predisposition
17investigation under par.
(b) (a) shall personally observe and examine the person
. The
18examiner or facility and shall have access to the person's past or present treatment
19records, as defined in s. 51.30 (1) (b), and patient health care records, as provided
20under s. 146.82 (2) (c). If the
examiner person conducting the predisposition
21investigation believes that the person is appropriate for conditional release, the
22examiner person conducting the predisposition investigation shall report on the type
23of treatment and services that the person may need while in the community on
24conditional release.
AB75, s. 3372
25Section
3372. 971.17 (2) (f) of the statutes is repealed.
AB75, s. 3373
1Section
3373. 971.17 (2) (g) of the statutes is amended to read:
AB75,1639,42
971.17
(2) (g) Within 10 days after the
examiner's predisposition investigation 3report is filed under
par. (c) s. 972.15, the court shall hold a hearing to determine
4whether commitment shall take the form of institutional care or conditional release.
AB75, s. 3374
5Section
3374. 971.17 (4m) (a) 2. of the statutes is amended to read:
AB75,1639,76
971.17
(4m) (a) 2. "Member of the family" means spouse,
domestic partner
7under ch. 770, child, sibling, parent or legal guardian.
AB75, s. 3375
8Section
3375. 971.17 (6m) (a) 2. of the statutes is amended to read:
AB75,1639,109
971.17
(6m) (a) 2. "Member of the family" means spouse,
domestic partner
10under ch. 770, child, sibling, parent or legal guardian.
AB75, s. 3376
11Section
3376. 971.23 (10) of the statutes is amended to read:
AB75,1639,1912
971.23
(10) Payment of copying costs in cases involving indigent defendants. 13When the state public defender or a private attorney appointed under s. 977.08
14requests copies, in any format, of any item that is discoverable under this section, the
15state public defender shall pay any fee charged for the copies from the appropriation
16account under s. 20.550 (1) (f). If the person providing copies under this section
17charges the state public defender a fee for the copies, the fee may not exceed the
18actual, necessary, and direct cost of providing the copies applicable maximum fee for
19copies of discoverable materials that is established by rule under s. 977.02 (9).
AB75, s. 3377
20Section
3377. 973.01 (3d) of the statutes is created to read:
AB75,1639,2421
973.01
(3d) Positive adjustment time eligibility. (a) When a person is
22sentenced under sub. (1) to a term of confinement in prison, the department of
23corrections shall, applying an objective risk assessment instrument supported by
24research, determine how likely it is that the person will commit another offense.
AB75,1640,3
1(b) If the department of corrections determines under par. (a) that the person
2poses a high risk of reoffending, the person shall be ineligible to earn positive
3adjustment time under s. 302.113 (2) (b).
AB75, s. 3378
4Section
3378. 973.01 (4) of the statutes is amended to read:
AB75,1640,105
973.01
(4) No good time; extension Extension or reduction of term of
6imprisonment. A person sentenced to a bifurcated sentence under sub. (1) shall serve
7the term of confinement in prison portion of the sentence without reduction for good
8behavior. The term of confinement in prison portion is subject to extension under s.
9302.113 (3) and, if applicable, to reduction under s. 302.045 (3m), 302.05 (3) (c) 2. a.,
10or 302.113 (9g), or
973.195 (1r)
adjustment under s. 302.113 (2) (b) or 304.06 (1).
AB75, s. 3379
11Section
3379. 973.01 (4m) of the statutes is created to read:
AB75,1640,2212
973.01
(4m) Good time credit toward discharge from extended supervision. 13Notwithstanding sub. (2) (d), a person sentenced to a bifurcated sentence under sub.
14(1) for a misdemeanor or a Class F to Class I felony that is not a violent offense, as
15defined in s. 301.048 (2) (bm) 1., is eligible to earn good time credit in the amount of
16one day for every day served without violating a rule or condition of extended
17supervision leading to a sanction or revocation. The department shall discharge the
18person from extended supervision when he or she has served the extended
19supervision portion of his or her bifurcated sentence, less good time he or she has
20earned. This subsection does not apply to a person who is the subject of a bulletin
21issued under s. 301.46 (2m) or who is a violent offender, as defined in s. 16.964 (12)
22(a).
AB75, s. 3380
23Section
3380. 973.01 (4r) of the statutes is created to read:
AB75,1641,1124
973.01
(4r) Petition for reduction of extended supervision. (a) 1.
25Notwithstanding sub. (2) (d), a person sentenced to a bifurcated sentence under sub.
1(1) for a felony that is not a violent offense, as defined in s. 301.048 (2) (bm) 1., and
2who is ineligible for positive adjustment time under s. 302.113 (2) (b) pursuant to
3973.01 (3d) (b) or for a Class F to Class I felony that is a violent offense, as defined
4in s. 301.048 (2) (bm) 1., may earn good time toward the reduction of extended
5supervision in the amount of one day for every 3 days that he or she serves without
6violating a condition of extended supervision leading to a sanction or revocation. The
7person may petition to the earned release review commission to have his or her
8period of extended supervision reduced when he or she has served the extended
9supervision portion of his or her sentence, less good time he or she has earned. This
10subdivision does not apply to a person who is the subject of a bulletin issued under
11s. 301.46 (2m).
AB75,1641,2012
2. Notwithstanding sub. (2) (d), a person sentenced to a bifurcated sentence
13under sub. (1) for a Class C to Class E felony may earn good time toward the reduction
14of extended supervision in the amount of one day for every 5.7 days that he or she
15serves without violating a condition of extended supervision leading to a sanction or
16revocation. The person may petition to the earned release review commission to have
17his or her period of extended supervision reduced when he or she has served the
18extended supervision portion of his or her sentence, less good time he or she has
19earned. This subdivision does not apply to a person who is the subject of a bulletin
20issued under s. 301.46 (2m).
AB75,1641,2421
(b) The earned release review commission may consider as grounds for a
22petition under par. (a) to reduce the length of a person's period of extended
23supervision whether the person has met the conditions of extended supervision and
24a reduction is in the interests of justice.
AB75, s. 3381
25Section
3381. 973.01 (7) of the statutes is amended to read:
AB75,1642,5
1973.01
(7) No discharge Discharge. The department of corrections
may not 2shall discharge a person who is serving a bifurcated sentence from custody, control
3and supervision
until when the person has served the entire bifurcated sentence
, as
4modified under sub. (4m) or (4r) or s. 302.113 (2) (b), (9g), or (9h) or 304.06 (1), if
5applicable.
AB75, s. 3382
6Section
3382. 973.01 (8) (a) 2. of the statutes is amended to read:
AB75,1642,117
973.01
(8) (a) 2. The amount of time the person will serve in prison under the
8term of confinement in prison portion of the sentence
, and the date upon which the
9person is eligible to be released to extended supervision under s. 302.113 (2) (b) or
10the date upon which the person may apply for release to extended supervision under
11s. 304.06.
AB75, s. 3383
12Section
3383. 973.01 (8) (a) 3. of the statutes is amended to read:
AB75,1642,1713
973.01
(8) (a) 3. The amount of time the person will spend on extended
14supervision, assuming that the person does not commit any act that results in the
15extension of the term of confinement in prison under s. 302.113 (3)
, and the date upon
16which the person may be eligible for discharge under sub. (4m) or apply for a
17reduction of his or her period of extended supervision under sub. (4r).
AB75, s. 3384
18Section
3384. 973.015 (title) of the statutes is amended to read:
AB75,1642,19
19973.015 (title)
Misdemeanors, special Special disposition.
AB75, s. 3385
20Section
3385. 973.015 (1) (a) of the statutes is amended to read:
AB75,1643,421
973.015
(1) (a) Subject to par. (b)
and except as provided in par. (c), when a
22person is under the age of
21 25 at the time of the commission of an offense for which
23the person has been found guilty in a court for violation of a law for which the
24maximum
penalty is period of imprisonment
for one year or less in the county jail is
256 years, the court may order at the time of sentencing that the record be expunged
1upon successful completion of the sentence if the court determines the person will
2benefit and society will not be harmed by this disposition. This subsection does not
3apply to information maintained by the department of transportation regarding a
4conviction that is required to be included in a record kept under s. 343.23 (2) (a).
AB75, s. 3386
5Section
3386. 973.015 (1) (c) of the statutes is created to read:
AB75,1643,86
973.015
(1) (c) No court may order that a record of a conviction for a Class H
7or Class I felony that is a violent offense, as defined in s. 301.048 (2) (bm), be
8expunged.
AB75, s. 3387
9Section
3387. 973.017 (6) (a) of the statutes is amended to read:
AB75,1643,1510
973.017
(6) (a) In this subsection, "person responsible for the welfare of the
11child" includes the child's parent, stepparent, guardian,
foster parent, or
treatment 12foster parent; an employee of a public or private residential home, institution, or
13agency; any other person legally responsible for the child's welfare in a residential
14setting; or a person employed by one who is legally responsible for the child's welfare
15to exercise temporary control or care for the child.
AB75, s. 3388
16Section
3388. 973.045 (1) (a) of the statutes is amended to read:
AB75,1643,1717
973.045
(1) (a) For each misdemeanor offense or count, $
60 $65.
AB75, s. 3389
18Section
3389. 973.045 (1) (b) of the statutes is amended to read:
AB75,1643,1919
973.045
(1) (b) For each felony offense or count, $
85 $90.
AB75, s. 3390
20Section
3390. 973.045 (1r) (a) 2. of the statutes is amended to read:
AB75,1643,2221
973.045
(1r) (a) 2. Part B equals
$20
$25 for each misdemeanor offense or count
22and
$20 $25 for each felony offense or count.
AB75, s. 3391
23Section
3391. 973.045 (2m) of the statutes is amended to read:
AB75,1644,224
973.045
(2m) The secretary of administration shall credit part A
and 20
25percent of part B of the crime victim and witness surcharge to the appropriation
1account under s. 20.455 (5) (g) and
80 percent of part B to the appropriation account
2under s. 20.455 (5) (gc).
AB75, s. 3392
3Section
3392. 973.05 (2m) (r) of the statutes is amended to read:
AB75,1644,54
973.05
(2m) (r) To payment of the enforcement surcharge under s.
49.17 253.06 5(4) (c) until paid in full.
AB75, s. 3393
6Section
3393. 973.10 (1) of the statutes is amended to read:
AB75,1644,117
973.10
(1) Imposition of probation shall have the effect of placing the defendant
8in the custody of the department and
, subject to sub. (1g), shall subject the defendant
9to the control of the department under conditions set by the court and rules and
10regulations established by the department for the supervision of probationers,
11parolees and persons on extended supervision.
AB75, s. 3394
12Section
3394. 973.10 (1g) of the statutes is created to read:
AB75,1644,1313
973.10
(1g) (a) In this subsection:
AB75,1644,1514
1. "Member of the family" means spouse, child, parent, sibling, or legal
15guardian.
AB75,1644,1816
2. "Risk assessment" means the application of an objective instrument
17supported by research to determine how likely an offender is to commit another
18offense.
AB75,1644,1919
3. "Victim" means a person against whom a crime has been committed.
AB75,1644,2320
(b) The department shall establish by rule a system for risk assessment that
21classifies a probationer's level of risk for committing another offense. The system
22established under this subsection shall contain levels of risk, with a person who
23poses the most risk classified at the highest level of risk.
AB75,1645,3
1(c) The department shall assess the risk of each person sentenced to probation
2for a misdemeanor under s. 973.09 and shall classify the person according to his or
3her level of risk.
AB75,1645,54
(d) The department may supervise a person sentenced to probation for a
5misdemeanor under s. 973.09 only if one of the following applies:
AB75,1645,66
1. The department classifies him or her under par. (a) at a high level of risk.
AB75,1645,77
2. The person is a violent offender, as defined in s. 16.964 (12) (a).
AB75,1645,88
3. The person is required to register as a sex offender under s. 301.45.
AB75,1645,129
4. The person has, in his or her lifetime, been convicted of or adjudicated
10delinquent for committing any crime involving the use or possession of a weapon or
11of violating s. 968.075, 943.10 (1m) (a) or (e), 961.41 (1) (a), (b), (cm), (d), (e), or (h)
12or (1m) (a), (b), (cm), (d), (e), or (h), 961.455, or 961.46 or ch. 940.
AB75,1645,1413
5. The person had been charged with a felony for the conduct that resulted in
14the current misdemeanor conviction.
AB75,1645,1815
(e) If the department determines that the department may not supervise a
16person under this subsection, the department shall make a reasonable attempt to
17provide written notification to the victim of the person or a member of the family of
18the victim that the person will not be supervised while he or she is on probation.