AB68: Bill Text

AB68,1737,7 (2) A prosecutor shall offer one of the following alternatives to prosecution to a qualifying person under sub. (1):

AB68,1737,8 (a) A deferred prosecution agreement that includes restitution, if applicable.

AB68,1737,10 (b) An agreement in which the defendant stipulates to his or her guilt of a noncriminal ordinance violation that includes payment of a forfeiture.

AB68,3407 Section 3407 . 967.11 (1) of the statutes is amended to read:

AB68,1737,14 967.11 (1) In this section, “approved substance abuse treatment program" means a substance abuse treatment program that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).

AB68,3408 Section 3408 . 967.11 (2) of the statutes is amended to read:

AB68,1737,21 967.11 (2) If a county establishes an approved substance abuse treatment program and the approved program authorizes the use of surveillance and monitoring technology or day reporting programs, a court or a district attorney may require a person participating in an the approved substance abuse treatment program to submit to surveillance and monitoring technology or a day reporting program as a condition of participation.

AB68,3409 Section 3409 . 967.13 of the statutes is created to read:

AB68,1738,3 967.13 Use of restraints on an individual under 18 years of age. (1) Except as provided in sub. (2), instruments of restraint such as handcuffs, chains, irons, or straitjackets, cloth and leather restraints, or other similar items may not be used on an individual under 18 years of age during a court proceeding and shall be removed prior to the individual being brought into the courtroom to appear before the court.

AB68,1738,6 (2) A court may order an individual under 18 years of age to be restrained during a court proceeding upon the request of the prosecutor if the court finds all of the following:

AB68,1738,7 (a) That the use of restraints is necessary due to one of the following factors:

AB68,1738,9 1. Instruments of restraint are necessary to prevent physical harm to the individual or another person.

AB68,1738,13 2. The individual has a history of disruptive courtroom behavior that has placed others in potentially harmful situations or the individual presents a substantial risk of inflicting physical harm on himself or herself or others as evidenced by recent behavior.

AB68,1738,15 3. There is a reasonable belief that the individual presents a substantial risk of flight from the courtroom.

AB68,1738,18 (b) That there are no less restrictive alternatives to restraints that will prevent flight or physical harm to the individual or another person, including the presence of court personnel, law enforcement officers, or bailiffs.

AB68,1738,22 (3) The court shall provide the attorney of the individual under 18 years of age an opportunity to be heard before the court orders the use of restraints under sub. (2). The court shall make written findings of fact in support of any order to use restraints under sub. (2).

AB68,1738,25 (4) If the court orders an individual under 18 years of age to be restrained under sub. (2), the restraints shall allow the individual limited movement of the hands to read and handle documents and writings necessary to the hearing.

AB68,1739,2 (5) No individual under 18 years of age may be restrained during a court proceeding using fixed restraints attached to a wall, floor, or furniture.

AB68,3410 Section 3410. 968.14 (title) of the statutes is amended to read:

AB68,1739,4 968.14 (title) Use Announcement requirement and use of force.

AB68,3411 Section 3411. 968.14 of the statutes is renumbered 968.14 (2).

AB68,3412 Section 3412. 968.14 (1) of the statutes is created to read:

AB68,1739,9 968.14 (1) When executing a search warrant, a law enforcement officer may not enter the premises subject to the warrant without first identifying that he or she is a law enforcement officer and announcing the authority and purpose of the entry.

AB68,3413 Section 3413 . 968.20 (3) (b) of the statutes is amended to read:

AB68,1740,9 968.20 (3) (b) Except as provided in par. (a) or sub. (1m) or (4), a city, village, town or county or other custodian of a seized dangerous weapon or ammunition, if the dangerous weapon or ammunition is not required for evidence or use in further investigation and has not been disposed of pursuant to a court order at the completion of a criminal action or proceeding, shall make reasonable efforts to notify all persons who have or may have an authorized rightful interest in the dangerous weapon or ammunition of the application requirements under sub. (1). If, within 30 days after the notice, an application under sub. (1) is not made and the seized dangerous weapon or ammunition is not returned by the officer under sub. (2), the city, village, town or county or other custodian may retain the dangerous weapon or ammunition and authorize its use by a law enforcement agency, except that a dangerous weapon used in the commission of a homicide or a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), may not be retained. If a dangerous weapon other than a firearm is not so retained, the city, village, town or county or other custodian shall safely dispose of the dangerous weapon or, if the dangerous weapon is a motor vehicle, as defined in s. 340.01 (35), sell the motor vehicle following the procedure under s. 973.075 (4). If a firearm or ammunition is not so retained, the city, village, town or county or other custodian shall ship it to the state crime laboratories and it is then the property of the laboratories. A person designated by the department of justice may destroy any material for which the laboratories have no use or arrange for the exchange of material with other public agencies. In lieu of destruction, shoulder weapons for which the laboratory has no use shall be turned over to the department of natural resources for sale and distribution of proceeds under s. 29.934 or for use under s. 29.938.

AB68,3414 Section 3414 . 970.032 (3) of the statutes is created to read:

AB68,1740,12 970.032 (3) This section does not apply to a violation committed on or after the effective date of this subsection .... [LRB inserts date].

AB68,3415 Section 3415 . 971.17 (1g) of the statutes is amended to read:

AB68,1740,17 971.17 (1g) Notice of restriction on firearm possession. If the defendant under sub. (1) is found not guilty of a felony, or of a violation under s. 175.33 (2), by reason of mental disease or defect, the court shall inform the defendant of the requirements and penalties under s. 941.29.

AB68,3416 Section 3416 . 971.31 (13) (c) of the statutes is created to read:

AB68,1740,20 971.31 (13) (c) This subsection does not apply to a violation committed on or after the effective date of this paragraph .... [LRB inserts date].

AB68,3417 Section 3417 . 971.365 (1) (a) of the statutes is amended to read:

AB68,1740,25 971.365 (1) (a) In any case under s. 961.41 (1) (em), 1999 stats., or s. 961.41 (1) (cm), (d), (e), (f), or (g) or (h) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

AB68,3418 Section 3418. 971.365 (1) (b) of the statutes is amended to read:

AB68,1741,5 971.365 (1) (b) In any case under s. 961.41 (1m) (em), 1999 stats., or s. 961.41 (1m) (cm), (d), (e), (f), or (g) or (h) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

AB68,3419 Section 3419 . 971.365 (1) (c) of the statutes is amended to read:

AB68,1741,10 971.365 (1) (c) In any case under s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats., or s. 961.41 (3g) (am), (c), (d), (e), or (g) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

AB68,3420 Section 3420 . 971.365 (2) of the statutes is amended to read:

AB68,1741,17 971.365 (2) An acquittal or conviction under sub. (1) does not bar a subsequent prosecution for any acts in violation of s. 961.41 (1) (em), 1999 stats., s. 961.41 (1m) (em), 1999 stats., s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats., or s. 961.41 (1) (cm), (d), (e), (f), or (g), or (h), (1m) (cm), (d), (e), (f), or (g), or (h) or (3g) (am), (c), (d), (e), or (g) on which no evidence was received at the trial on the original charge.

AB68,3421 Section 3421. 973.01 (1) of the statutes is amended to read:

AB68,1741,23 973.01 (1) Bifurcated sentence required. Except as provided in sub. (3) and s. 938.34 (4p), whenever a court sentences a person to imprisonment in the Wisconsin state prisons for a felony committed on or after December 31, 1999, or a misdemeanor committed on or after February 1, 2003, the court shall impose a bifurcated sentence under this section.

AB68,3422 Section 3422. 973.01 (2) (d) 3. of the statutes is repealed.

AB68,3423 Section 3423. 973.01 (2) (d) 4. of the statutes is amended to read:

AB68,1742,2 973.01 (2) (d) 4. For a Class D, E, F, or G felony, the term of extended supervision may not exceed 5 years.

AB68,3424 Section 3424. 973.01 (3) of the statutes is amended to read:

AB68,1742,6 973.01 (3) Not applicable to life sentences. If a person is being sentenced for a felony that is punishable by life imprisonment, he or she is not subject to this section but shall be sentenced under s. 973.014 (1g) or (3).

AB68,3425 Section 3425. 973.01 (3g) of the statutes is repealed.

AB68,3426 Section 3426. 973.01 (4) of the statutes is amended to read:

AB68,1742,14 973.01 (4) No good time; extension or reduction of term of imprisonment. A person sentenced to a bifurcated sentence under sub. (1) shall serve the term of confinement in prison portion of the sentence without reduction for good behavior. The term of confinement in prison portion is subject to extension under s. 302.113 (3) and, if applicable, to reduction under s. 302.045 (3m), 302.05 (3) (c) 2. a., 302.113 (9g), 973.018, 973.195 (1r), or 973.198.

AB68,3427 Section 3427. 973.01 (4m) of the statutes is created to read:

AB68,1742,20 973.01 (4m) Reduction of mandatory minimum sentence. If a person is serving a bifurcated sentence under sub. (1) that is subject to a mandatory minimum term of confinement, the sentencing court may reduce the term of confinement below the applicable mandatory minimum if the person qualifies for a reduction under under s. 302.045 (3m), 302.05 (3) (c) 2. a., 302.113 (9g), 973.195 (1r), or 973.198.

AB68,3428 Section 3428. 973.01 (5m) of the statutes is created to read:

AB68,1742,25 973.01 (5m) Early discharge from extended supervision. (a) In this subsection, “qualifying offense” means a crime other than a violation of ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095.

AB68,1743,3 (b) The court may modify the person's sentence by reducing the term of extended supervision and may order early discharge of the person from the sentence if all of the following apply:

AB68,1743,5 1. The department petitions the court to discharge the person from extended supervision for a qualifying offense.

AB68,1743,7 2. The person has completed 3 years or 50 percent of his or her term of extended supervision for the qualifying offense, whichever is less.

AB68,1743,9 3. The person has satisfied all conditions of extended supervision that were set by the sentencing court for the qualifying offense.

AB68,1743,11 4. The person has satisfied all rules and conditions of supervision that were set by the department for the qualifying offense.

AB68,1743,12 5. The person has fulfilled all financial obligations to his or her victims.

AB68,1743,13 6. The person is not required to register under s. 301.45.

AB68,1743,15 (c) If a person is serving more than one sentence, early discharge under par. (b) applies only to the terms of extended supervision imposed for qualifying offenses.

AB68,1743,16 (d) 1. In this paragraph, “victim" has the meaning given in s. 950.02 (4).

AB68,1743,25 2. When a court receives a petition under par. (b) 1., the clerk of the circuit court shall send a notice of hearing to the victim of the crime committed by the person serving the term of extended supervision, if the victim has submitted a card under subd. 3. requesting notification. The notice shall inform the victim that he or she may appear at any hearing scheduled under par. (b) and shall inform the victim of the manner in which he or she may provide a statement concerning the early discharge from extended supervision. The clerk of the circuit court shall make a reasonable attempt to send the notice of hearing to the last-known address of the victim, postmarked at least 10 days before the date of the hearing.

AB68,1744,12 3. The director of state courts shall design and prepare cards for a victim to send to the clerk of the circuit court for the county in which the person serving the term of extended supervision was convicted and sentenced. The cards shall have space for a victim to provide his or her name and address, the name of the applicable person serving a term of extended supervision, and any other information that the director of state courts determines is necessary. The director of state courts shall provide the cards, without charge, to clerks of circuit court. Clerks of circuit court shall provide the cards, without charge, to victims. Victims may send completed cards to the clerk of the circuit court for the county in which the person serving a term of extended supervision was convicted and sentenced. All court records or portions of records that relate to mailing addresses of victims are not subject to inspection or copying under s. 19.35 (1).

AB68,3429 Section 3429. 973.01 (8) (a) 6. of the statutes is created to read:

AB68,1744,15 973.01 (8) (a) 6. The conditions under which the court may reduce the term of the person's extended supervision under sub. (5m).

AB68,3430 Section 3430. 973.01 (8) (ag) of the statutes is amended to read:

AB68,1744,20 973.01 (8) (ag) If the The court provides under sub. (3g) that shall inform the person is eligible to participate in of the availability of the earned release program under s. 302.05 (3), the court shall also inform the person of the provisions of s. 302.05 (3) (c).

AB68,3431 Section 3431. 973.014 (1) (intro.) of the statutes is amended to read:

AB68,1744,25 973.014 (1) (intro.) Except as provided in sub. (2) or (3), when a court sentences a person to life imprisonment for a crime committed on or after July 1, 1988, but before December 31, 1999, the court shall make a parole eligibility determination regarding the person and choose one of the following options:

AB68,3432 Section 3432. 973.014 (1g) (a) (intro.) of the statutes is amended to read:

AB68,1745,5 973.014 (1g) (a) (intro.) Except as provided in sub. (2) or (3), when a court sentences a person to life imprisonment for a crime committed on or after December 31, 1999, the court shall make an extended supervision eligibility date determination regarding the person and choose one of the following options:

AB68,3433 Section 3433. 973.014 (3) of the statutes is created to read:

AB68,1745,8 973.014 (3) (a) In this subsection, “youthful offender” means a person who committed an offense before the person attained the age of 18 years.

AB68,1745,11 (b) When a court sentences a youthful offender to life imprisonment for a crime committed on or after July 1, 1988, but before December 31, 1999, the court shall set a date on which the youthful offender is eligible for parole.

AB68,1745,14 (c) When a court sentences a youthful offender to life imprisonment for a crime committed on or after December 31, 1999, the court shall set a date on which the youthful offender is eligible for release to extended supervision.

AB68,1745,17 (d) When sentencing a youthful offender to life imprisonment under par. (b) or (c), the court shall inform the youthful offender of the procedure for petitioning for a sentence adjustment under s. 973.018.

AB68,1745,20 (e) When sentencing a youthful offender to life imprisonment under par. (b) or (c), the court shall consider, in addition to all other relevant factors, all of the following:

AB68,1745,23 1. That, because children are less criminally culpable and more amenable to reform, youthful offenders are constitutionally different from adults for the purposes of sentencing.

AB68,1745,25 2. That the sentencing goals of deterrence, retribution, and incapacitation are secondary to the goal of rehabilitation when sentencing youthful offenders.

AB68,1746,4 3. That unless the state proves beyond a reasonable doubt that the youthful offender is permanently incorrigible and is therefore unable to be rehabilitated, youthful offenders must have a meaningful opportunity to obtain release from prison based on maturity and rehabilitation.

AB68,3434 Section 3434. 973.015 (1b) of the statutes is created to read:

AB68,1746,6 973.015 (1b) In this section, “record” means a criminal case file.

AB68,3435 Section 3435. 973.015 (1m) (a) 1. of the statutes is renumbered 973.015 (1m) (a) 1. (intro.) and amended to read:

AB68,1746,16 973.015 (1m) (a) 1. (intro.) Subject to subd. 2. and except as provided in subd. 3., when a person is under the age of 25 at the time of the commission of an offense for which the person has been found guilty in a court for violation of a law for which the maximum period of imprisonment is 6 years or less, the, a court may order at the time of sentencing after a conviction that the record a criminal case be expunged upon successful completion of the sentence if the court determines the person will benefit and society will not be harmed by this disposition. by one of the following methods:

AB68,1746,19 (d) This subsection does not apply to information maintained by the department of transportation regarding a conviction that is required to be included in a record kept under s. 343.23 (2) (a).

AB68,3436 Section 3436. 973.015 (1m) (a) 1. a. and b. of the statutes are created to read: