AB68: Bill Text

AB68,1749,22 1. The sentence or probation period was imposed for a violation of s. 961.41 (1) (h), 2017 stats., s. 961.41 (1m) (h), 2017 stats., or s. 961.41 (3g) (e), 2017 stats.

AB68,1749,23 2. One of the following applies:

AB68,1749,25 a. The person would not have been guilty of a crime had the violation occurred on or after the effective date of this subd. 2. a. .... [LRB inserts date].

AB68,1750,2 b. The person would have been guilty of a lesser crime had the violation occurred on or after the effective date of this subd. 2. b. .... [LRB inserts date].

AB68,1750,4 (b) 1. A person to whom par. (a) applies shall file a petition with the sentencing court to request resentencing, adjustment of probation, or dismissal.

AB68,1750,12 2. If the court receiving a petition under subd. 1. determines that par. (a) applies, the court shall schedule a hearing to consider the petition. At the hearing, if the court determines that par. (a) 2. b. applies, the court shall resentence the person or adjust the probation and change the record to reflect the lesser crime, and, if the court determines that par. (a) 2. a. applies, the court shall dismiss the conviction and expunge the record. Before resentencing, adjusting probation, or dismissing a conviction under this subdivision, the court shall determine that the action does not present an unreasonable risk of danger to public safety.

AB68,1750,14 3. If the court resentences the person or adjusts probation, the person shall receive credit for time or probation served for the relevant offense.

AB68,1750,18 (2) Redesignating offense for persons who completed a sentence or probation. (a) A person who has completed his or her sentence or period of probation may request under par. (b) expungement of the conviction because the conviction is legally invalid or redesignation to a lesser crime if all of the following apply:

AB68,1750,20 1. The sentence or probation period was imposed for a violation of s. 961.41 (1) (h), 2017 stats., s. 961.41 (1m) (h), 2017 stats., or s. 961.41 (3g) (e), 2017 stats.

AB68,1750,21 2. One of the following applies:

AB68,1750,23 a. The person would not have been guilty of a crime had the violation occurred on or after the effective date of this subd. 2. a. .... [LRB inserts date].

AB68,1750,25 b. The person would have been guilty of a lesser crime had the violation occurred on or after the effective date of this subd. 2. b. .... [LRB inserts date].

AB68,1751,2 (b) 1. A person to whom par. (a) applies shall file a petition with the sentencing court to request expungement or redesignation.

AB68,1751,9 2. If the court receiving a petition under subd. 1. determines that par. (a) applies, the court shall schedule a hearing to consider the petition. At the hearing, if the court determines that par. (a) 2. b. applies, the court shall redesignate the crime to a lesser crime and change the record to reflect the lesser crime, and if the court determines that par. (a) 2. a. applies, the court shall expunge the conviction. Before redesignating or expunging under this subdivision, the court shall determine that the action does not present an unreasonable risk of danger to public safety.

AB68,1751,13 (3) Effect of resentencing, dismissal, redesignation, or expungement. If the court changes or expunges a record under this section, a conviction that was changed or expunged is not considered a conviction for any purpose under state or federal law, including for purposes of s. 941.29 or 18 USC 921.

AB68,3442 Section 3442. 973.017 (2c) of the statutes is created to read:

AB68,1751,17 973.017 (2c) Mitigation for youth. When making a sentencing decision for a person who had not attained the age of 18 years at the time the crime was committed, the court shall consider all of the following mitigating factors:

AB68,1751,20 (a) That, because children are less criminally culpable and more amenable to reform, youthful offenders are constitutionally different from adults for the purposes of sentencing.

AB68,1751,22 (b) That the sentencing goals of deterrence, retribution, and incapacitation are secondary to the goal of rehabilitation when sentencing youthful offenders.

AB68,1752,2 (c) 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.

AB68,3443 Section 3443. 973.018 of the statutes is created to read:

AB68,1752,5 973.018 Sentence adjustment for youthful offenders. (1) Definition. In this section, “youthful offender” has the meaning given in s. 973.014 (3) (a).

AB68,1752,10 (2) Sentence adjustment; factors. A court may reduce a term of imprisonment, including life imprisonment under s. 973.014 (3), for a youthful offender who has served 15 years of his or her term of imprisonment if the court finds that the interests of justice warrant a reduction. In making its determination, the court shall consider all of the following:

AB68,1752,11 (a) The sentencing factors set forth in ss. 973.014 (3) (e) and 973.017 (2c).

AB68,1752,13 (b) The youthful offender's subsequent growth, behavior, and rehabilitation while incarcerated.

AB68,1752,21 (3) Petition for sentence adjustment. (a) One year before the youthful offender becomes eligible for a sentence adjustment under this section, the department shall provide written notice of the eligibility to the qualifying youthful offender, the sentencing court, the district attorney for the county in which the youthful offender was sentenced, and the state public defender. Notice under this paragraph shall include notice of the youthful offender's right to counsel and notice that if the youthful offender believes that he or she cannot afford an attorney, the youthful offender may ask the state public defender to represent him or her.

AB68,1752,24 (b) A youthful offender has a right to counsel in the sentence adjustment proceedings under this section. The right to counsel begins at the service of notice under par. (a).

AB68,1753,5 (c) After service of notice under par. (a) and upon request by the youthful offender or the youthful offender's attorney, the court shall make documents from the sentencing hearing available to the youthful offender or his or her attorney, including the presentence investigation report in accordance with s. 972.15 (4m) and the transcript from the sentencing hearing.

AB68,1753,10 (d) A qualifying youthful offender may file a petition for a sentence adjustment under this section. The petitioner shall file the petition and any affidavits and other written support for the petition in the sentencing court no more than 90 days before the youthful offender's eligibility date. A copy of the petition shall be served on the district attorney in the county in which the youthful offender was sentenced.

AB68,1753,12 (e) Upon receipt of a petition under par. (d), the district attorney shall notify any victims of the crime in accordance with s. 950.04 (1v) (gm).

AB68,1753,14 (4) Hearing. (a) The court shall hold a hearing within 120 days of a petition filed under sub. (3) (d), unless all parties agree to an extension for the hearing date.

AB68,1753,19 (b) The court shall consider relevant information, including expert testimony and other information about the youthful offender's participation in any available educational, vocational, volunteer, community service, or other programs, the youthful offender's work reports and psychological evaluations, and the youthful offender's major violations of institutional rules, if any.

AB68,1753,22 (c) The youthful offender has the right to attend the hearing, the right to be represented by counsel, and the right to testify, present evidence, and cross-examine witnesses.

AB68,1753,24 (d) The victim shall be given the opportunity to provide a statement concerning sentencing in accordance with s. 950.04 (1v) (m).

AB68,1753,25 (e) A hearing under this subsection shall be recorded.

AB68,1754,2 (f) The decision of the court on a petition under sub. (3) is a final adjudication subject to appeal under s. 809.30.

AB68,1754,5 (5) Order. If the court finds that the interests of justice warrant a sentence adjustment, the court may amend the judgment of conviction according to one of the following:

AB68,1754,9 (a) If the youthful offender is serving a sentence for a crime committed before December 31, 1999, reduce the parole eligibility date and modify the conditions of parole. The court may also reduce the sentence, but shall provide for at least 3 years of parole supervision after release from prison.

AB68,1754,15 (b) Upon request by the youthful offender, for a crime committed before December 31, 1999, convert an indeterminate sentence to a bifurcated sentence under s. 973.01 or 973.014 (1g). If the court converts the indeterminate sentence to a bifurcated sentence, the court shall set a date for release to extended supervision under s. 302.113 that is no later than the original parole eligibility date. The court may also modify the conditions of parole or extended supervision.

AB68,1754,20 (c) For a crime committed on or after December 31, 1999, reduce the term of confinement in prison and modify the conditions of extended supervision. The court may also reduce the total length of the bifurcated sentence. Notwithstanding s. 973.01 (2) (d), the court shall provide for at least 3 years of extended supervision under s. 302.113.

AB68,1754,25 (d) For a life sentence without the possibility of parole or release to extended supervision under s. 973.014 (1) (c) or (1g) (a) 3., convert the sentence to a life sentence with the possibility of parole or release to extended supervision and set a date for parole eligibility or release to extended supervision and conditions for parole or extended supervision accordingly.

AB68,1755,4 (6) Subsequent petitions. A youthful offender is eligible to file a subsequent petition under sub. (3) no earlier than 5 years after a hearing is held under sub. (4), unless the court sets an earlier date. A youthful offender may file no more than 5 petitions under sub. (3) during his or her sentence.

AB68,1755,7 (7) Sentence modification on other grounds. Nothing in this section limits the youthful offender's right to resentencing, sentence adjustment, or sentence modification on other grounds, including under s. 302.113 (9g) or 302.114.

AB68,3444 Section 3444. 973.10 (2) (intro.) of the statutes is renumbered 973.10 (2) (am) and amended to read:

AB68,1755,17 973.10 (2) (am) If a probationer violates the conditions of probation, the department of corrections may initiate a proceeding before the division of hearings and appeals in the department of administration. Unless waived by the probationer, a hearing examiner for the division shall conduct an administrative hearing and enter an order either revoking or not revoking probation. Upon request of either party, the administrator of the division shall review the order. If the probationer waives the final administrative hearing, the secretary of corrections shall enter an order either revoking or not revoking probation.

AB68,1755,18 (bm) 2. If probation is revoked, the department shall do one of the following:

AB68,3445 Section 3445. 973.10 (2) (a) and (b) of the statutes are renumbered 973.10 (2) (bm) 2. a. and b.

AB68,3446 Section 3446 . 973.10 (2) (bm) 1. of the statutes is created to read:

AB68,1755,23 973.10 (2) (bm) 1. Probation may not be revoked unless one of the following applies:

AB68,1755,24 a. The person committed 3 or more independent violations while on probation.

AB68,1756,2 b. The condition that the person violated was a condition that the person not contact any specified individual.

AB68,1756,3 c. The person was required to register as a sex offender under s. 301.45.

AB68,1756,5 d. When the person violated the condition of probation, the person also allegedly committed a crime.

AB68,1756,7 e. The person failed to report or make himself or herself available for supervision for a period of more than 60 consecutive days.

AB68,3447 Section 3447 . 973.10 (2s) of the statutes is repealed.

AB68,3448 Section 3448. 973.15 (2m) (a) 1. of the statutes is amended to read:

AB68,1756,12 973.15 (2m) (a) 1. “Determinate sentence" means a bifurcated sentence imposed under s. 973.01 or a life sentence under which a person is eligible for release to extended supervision under s. 973.014 (1g) (a) 1. or 2. or (3) (c).

AB68,3449 Section 3449. 973.15 (5) of the statutes is amended to read:

AB68,1756,17 973.15 (5) A convicted offender who is made available to another jurisdiction under ch. 976 or in any other lawful manner shall be credited with service of his or her Wisconsin sentence or commitment under the terms of s. ss. 973.155 and 973.156 for the duration of custody in the other jurisdiction.

AB68,3450 Section 3450 . 973.155 (1m) of the statutes is amended to read:

AB68,1756,23 973.155 (1m) A convicted offender shall be given credit toward the service of his or her sentence for all days spent in custody as part of 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), for any offense arising out of the course of conduct that led to the person's placement in that program.

AB68,3451 Section 3451. 973.156 of the statutes is created to read:

AB68,1757,3 973.156 Earned compliance credit. (1) In this section, “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.

AB68,1757,10 (2) Upon the revocation of extended supervision under s. 302.113 (9) or parole under s. 302.11 (7), a person shall be given earned compliance credit toward the service of his or her sentence for a qualifying offense for each day that the person spent on extended supervision or parole without violating a condition or rule of extended supervision or parole prior to the violation that resulted in the revocation. A person may not be given earned compliance credit for any time between the date of the most recent violation and the date of the revocation.

AB68,1757,12 (3) Subsection (2) does not apply to a person who is required to register under s. 301.45.

AB68,1757,15 (4) If a person is serving more than one sentence, earned compliance credit under sub. (2) is earned only for the time spent on extended supervision or parole for qualifying offenses.

AB68,1757,17 (5) The amount of the credit under sub. (2) shall be calculated and applied by the appropriate reviewing authority under s. 302.11 (7) (am) or 302.113 (9) (am) 1.

AB68,3452 Section 3452 . 973.176 (1) of the statutes is amended to read:

AB68,1757,23 973.176 (1) Firearm possession. Whenever a court imposes a sentence or places a defendant on probation regarding a felony conviction or regarding a conviction for a misdemeanor under s. 175.33 (2), the court shall inform the defendant of the requirements and penalties applicable to him or her under s. 941.29 (1m) or (4m).

AB68,3453 Section 3453. 973.25 (1) (a) of the statutes is amended to read:

AB68,1758,4 973.25 (1) (a) “Certificate of qualification for employment” means a certificate issued by the council on offender employment that provides an offender with relief from a collateral sanction, except that it does not provide relief from s. 48.685 (5m), 50.065 (4m), or 111.335 (3) (a) (ar), (b), (c), or (e) or (4) (h) or (i).

AB68,3454 Section 3454 . 977.05 (4) (i) 10. of the statutes is created to read:

AB68,1758,6 977.05 (4) (i) 10. Cases involving youthful offenders under s. 973.018 (3).

AB68,3455 Section 3455 . 977.08 (4s) of the statutes is created to read:

AB68,1758,13 977.08 (4s) Beginning on July 1, 2023, and biennially on July 1 of each odd-numbered year thereafter, the rates established under sub. (4m) (d) shall be adjusted by a percentage equal to the average of the consumer price index over the preceding 12-month period, all items, U.S. city average, as determined by the bureau of labor statistics of the federal department of labor, except that the percentage under this subsection may not be less than zero.

AB68,3456 Section 3456. 978.03 (1m) of the statutes is amended to read:

AB68,1758,24 978.03 (1m) The district attorney of any prosecutorial unit having a population of 200,000 or more but less than 750,000 may appoint 3 4 deputy district attorneys and such assistant district attorneys as may be requested by the department of administration and authorized in accordance with s. 16.505. The district attorney shall rank the deputy district attorneys for purposes of carrying out duties under this section. The deputies, according to rank, may perform any duty of the district attorney, under the district attorney's direction. In the absence or disability of the district attorney, the deputies, according to rank, may perform any act required by law to be performed by the district attorney. Any such deputy must have practiced law in this state for at least 2 years prior to appointment under this section.

AB68,3457 Section 3457 . 978.05 (6) (a) of the statutes is amended to read:

AB68,1759,13 978.05 (6) (a) Institute, commence, or appear in all civil actions or special proceedings under and perform the duties set forth for the district attorney under ch. 980 and ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36, 89.08, 103.50 (8), 103.92 (4), 109.09, 343.305 (9) (a), 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a), 946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties in connection with court proceedings in a court assigned to exercise jurisdiction under chs. 48 and 938 as the judge may request and perform all appropriate duties and appear if the district attorney is designated in specific statutes, including matters within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits the authority of the county board to designate, under s. 48.09 (5), that the corporation counsel provide representation as specified in s. 48.09 (5) or to designate, under s. 48.09 (6) or 938.09 (6), the district attorney as an appropriate person to represent the interests of the public under s. 48.14 or 938.14.

AB68,3458 Section 3458. 978.07 (1) (c) 1. of the statutes is amended to read:

AB68,1759,21 978.07 (1) (c) 1. Any case record of a felony punishable by life imprisonment or a related case, after the defendant's parole eligibility date under s. 304.06 (1) or 973.014 (1) or (3) (b) or date of eligibility for release to extended supervision under s. 973.014 (1g) (a) 1. or 2. or (3) (c), whichever is applicable, or 50 years after the commencement of the action, whichever occurs later. If there is no parole eligibility date or no date for release to extended supervision, the district attorney may destroy the case record after the defendant's death.

AB68,3459 Section 3459. 990.01 (2) of the statutes is amended to read:

AB68,1760,2 990.01 (2) Acquire. “Acquire," when used in connection with a grant of power to any person, includes the acquisition by purchase, grant, gift or bequest. It includes the power to condemn only in the cases specified in s. 32.02 and subject to the limitations under s. 32.015.

AB68,3460 Section 3460 . 990.01 (3) of the statutes is amended to read:

AB68,1760,7 990.01 (3) Adult. “Adult" means a person who has attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “adult" means a person who has attained the age of 17 years.

AB68,3461 Section 3461 . 990.01 (20) of the statutes is amended to read:

AB68,1760,12 990.01 (20) Minor. “Minor" means a person who has not attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, “minor" does not include a person who has attained the age of 17 years.

AB68,3462 Section 3462 . 990.01 (22m) of the statutes is created to read: