972.15 (2c) If the defendant is subject to being sentenced under s. 973.01 and he or she satisfies the criteria under s. 302.045 (2) (b) and (c), the person preparing the presentence investigation report shall include in the report a recommendation as to whether the defendant should be eligible for the challenge incarceration program under s. 302.045.
109,1114
Section 1114. 973.01 (1) of the statutes is amended to read:
973.01 (1) Bifurcated sentence required. Except as provided in sub. (3), 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 the effective date of this subsection .... [revisor inserts date], the court shall impose a bifurcated sentence that consists of a term of confinement in prison followed by a term of extended supervision under s. 302.113 this section.
109,1115
Section 1115. 973.01 (2) (intro.) of the statutes is amended to read:
973.01 (2) Structure of bifurcated sentences. (intro.) The court shall ensure that a A bifurcated sentence is a sentence that consists of a term of confinement in prison followed by a term of extended supervision under s. 302.113. The total length of a bifurcated sentence equals the length of the term of confinement in prison plus the length of the term of extended supervision. An order imposing a bifurcated sentence imposed under sub. (1) complies this section shall comply with all of the following:
109,1116
Section 1116. 973.01 (2) (a) of the statutes is amended to read:
973.01 (2) (a) Total length of bifurcated sentence. Except as provided in par. (c), the total length of the bifurcated sentence may not exceed the maximum period of imprisonment for the specified in s. 939.50 (3), if the crime is a classified felony, or the maximum term of imprisonment provided by statute for the crime, if the crime is not a classified felony, plus additional imprisonment authorized by any applicable penalty enhancement statutes.
109,1117
Section 1117. 973.01 (2) (b) (intro.) of the statutes is amended to read:
973.01 (2) (b) Imprisonment
Confinement portion of bifurcated sentence. (intro.) The portion of the bifurcated sentence that imposes a term of confinement in prison may not be less than one year, subject to any minimum sentence prescribed for the felony, and, except as provided in par. (c), may not exceed is subject to whichever of the following limits is applicable:
109,1118
Section 1118. 973.01 (2) (b) 2. of the statutes is repealed.
109,1119
Section 1119. 973.01 (2) (b) 3. of the statutes is amended to read:
973.01 (2) (b) 3. For a Class C felony, the term of confinement in prison may not exceed 10 25 years.
109,1120
Section 1120. 973.01 (2) (b) 4. of the statutes is amended to read:
973.01 (2) (b) 4. For a Class D felony, the term of confinement in prison may not exceed 5 15 years.
109,1121
Section 1121. 973.01 (2) (b) 5. of the statutes is amended to read:
973.01 (2) (b) 5. For a Class E felony, the term of confinement in prison may not exceed 2 10 years.
109,1122
Section 1122. 973.01 (2) (b) 6. of the statutes is renumbered 973.01 (2) (b) 10. (intro.) and amended to read:
973.01 (2) (b) 10. (intro.) For any felony crime other than a felony specified in subds. 1. to 5. one of the following, the term of confinement in prison may not exceed 75% of the total length of the bifurcated sentence.:
109,1123
Section 1123. 973.01 (2) (b) 6m. of the statutes is created to read:
973.01 (2) (b) 6m. For a Class F felony, the term of confinement in prison may not exceed 7 years and 6 months.
109,1124
Section 1124. 973.01 (2) (b) 7. of the statutes is created to read:
973.01 (2) (b) 7. For a Class G felony, the term of confinement in prison may not exceed 5 years.
109,1125
Section 1125. 973.01 (2) (b) 8. of the statutes is created to read:
973.01 (2) (b) 8. For a Class H felony, the term of confinement in prison may not exceed 3 years.
109,1126
Section 1126. 973.01 (2) (b) 9. of the statutes is created to read:
973.01 (2) (b) 9. For a Class I felony, the term of confinement in prison may not exceed one year and 6 months.
109,1127
Section 1127. 973.01 (2) (b) 10. a. and b. of the statutes are created to read:
973.01 (2) (b) 10. a. A felony specified in subds. 1. to 9.
b. An attempt to commit a classified felony if the attempt is punishable under s. 939.32 (1) (intro.).
109,1128
Section 1128. 973.01 (2) (c) of the statutes is renumbered 973.01 (2) (c) 1. and amended to read:
973.01 (2) (c) 1. The Subject to the minimum period of extended supervision required under par. (d), the maximum term of confinement in prison specified in par. (b) may be increased by any applicable penalty enhancement statute. If the maximum term of confinement in prison specified in par. (b) is increased under this paragraph, the total length of the bifurcated sentence that may be imposed is increased by the same amount.
109,1129
Section 1129. 973.01 (2) (c) 2. of the statutes is created to read:
973.01 (2) (c) 2. If more than one of the following penalty enhancement statutes apply to a crime, the court shall apply them in the order listed in calculating the maximum term of imprisonment for that crime:
a. Sections 939.621, 939.632, 939.645, 961.46, and 961.49.
b. Section 939.63.
c. Section 939.62 (1) or 961.48.
109,1130
Section 1130. 973.01 (2) (d) of the statutes is renumbered 973.01 (2) (d) (intro.) and amended to read:
973.01 (2) (d) Minimum and maximum term of extended supervision. (intro.) The term of extended supervision that follows the term of confinement in prison may not be less than 25% of the length of the term of confinement in prison imposed under par. (b).
and, for a classified felony, is subject to whichever of the following limits is applicable:
109,1131
Section 1131. 973.01 (2) (d) 1. to 6. of the statutes are created to read:
973.01 (2) (d) 1. For a Class B felony, the term of extended supervision may not exceed 20 years.
2. For a Class C felony, the term of extended supervision may not exceed 15 years.
3. For a Class D felony, the term of extended supervision may not exceed 10 years.
4. For a Class E, F, or G felony, the term of extended supervision may not exceed 5 years.
5. For a Class H felony, the term of extended supervision may not exceed 3 years.
6. For a Class I felony, the term of extended supervision may not exceed 2 years.
109,1131m
Section 1131m. 973.01 (3m) of the statutes is amended to read:
973.01 (3m) Challenge incarceration program eligibility. When imposing a bifurcated sentence under this section on a person convicted of a crime other than a crime specified in ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.055, 948.06, 948.07, 948.075, 948.08, or 948.095, the court shall, as part of the exercise of its sentencing discretion, decide whether the person being sentenced is eligible or ineligible for the challenge incarceration program under s. 302.045 during the term of confinement in prison portion of the bifurcated sentence.
109,1132
Section 1132. 973.01 (4) of the statutes is amended to read:
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), 302.113 (9g), or 973.195 (1r).
109,1133
Section 1133. 973.01 (6) of the statutes is amended to read:
973.01 (6) No parole. A person serving a bifurcated sentence imposed under sub. (1) is not eligible for release on parole under that sentence.
109,1134f
Section 1134f. 973.0135 (1) (b) 2. of the statutes is amended to read:
973.0135 (1) (b) 2. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09 (1), 940.16, 940.19 (5), 940.195 (5), 940.21, 940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m), or (1r), 943.32 (2), 946.43 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.075, 948.08, 948.30 (2), 948.35 (1) (b) or (c)
, or 948.36.
109,1134g
Section 1134g. 973.0135 (1) (b) 2. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:
973.0135 (1) (b) 2. Any felony under s. 940.09 (1), 1999 stats., s. 943.23 (1m) or (1r), 1999 stats., s. 948.35 (1) (b) or (c), 1999 stats., or s. 948.36, 1999 stats., s. 940.01, 940.02, 940.03, 940.05, 940.09 (1) (1c), 940.16, 940.19 (5), 940.195 (5), 940.21, 940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m), or (1r), 943.32 (2), 946.43 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.075, 948.08, or 948.30 (2), 948.35 (1) (b) or (c), or 948.36.
109,1135
Section 1135. 973.017 of the statutes is created to read:
973.017 Bifurcated sentences; use of guidelines; consideration of aggravating and mitigating factors. (1) Definition. In this section, "sentencing decision" means a decision as to whether to impose a bifurcated sentence under s. 973.01 or place a person on probation and a decision as to the length of a bifurcated sentence, including the length of each component of the bifurcated sentence, the amount of a fine, and the length of a term of probation.
(2) General requirement. When a court makes a sentencing decision concerning a person convicted of a criminal offense committed on or after the effective date of this subsection .... [revisor inserts date], the court shall consider all of the following:
(a) If the offense is a felony, the sentencing guidelines adopted by the sentencing commission under s. 973.30 or, if the sentencing commission has not adopted a guideline for the offense, any applicable temporary sentencing guideline adopted by the criminal penalties study committee created under
1997 Wisconsin Act 283.
(ad) The protection of the public.
(ag) The gravity of the offense.
(ak) The rehabilitative needs of the defendant.
(b) Any applicable mitigating factors and any applicable aggravating factors, including the aggravating factors specified in subs. (3) to (8).
(3) Aggravating factors; generally. When making a sentencing decision for any crime, the court shall consider all of the following as aggravating factors:
(a) The fact that the person committed the crime while his or her usual appearance was concealed, disguised, or altered, with the intent to make it less likely that he or she would be identified with the crime.
(b) The fact that the person committed the crime using information that was disclosed to him or her under s. 301.46.
(c) The fact that the person committed the crime for the benefit of, at the direction of, or in association with any criminal gang, as defined in s. 939.22 (9), with the specific intent to promote, further, or assist in any criminal conduct by criminal gang members, as defined in s. 939.22 (9g).
(d) The fact that the person committed the felony while wearing a vest or other garment designed, redesigned, or adapted to prevent bullets from penetrating the garment.
(e) 1. Subject to subd. 2., the fact that the person committed the felony with the intent to influence the policy of a governmental unit or to punish a governmental unit for a prior policy decision, if any of the following circumstances also applies to the felony committed by the person:
a. The person caused bodily harm, great bodily harm, or death to another.
b. The person caused damage to the property of another and the total property damaged is reduced in value by $25,000 or more. For the purposes of this subd. 1. b., property is reduced in value by the amount that it would cost either to repair or to replace it, whichever is less.
c. The person used force or violence or the threat of force or violence.
2. a. In this subdivision, "labor dispute" includes any controversy concerning terms, tenure, or conditions of employment or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.
b. Subdivision 1. does not apply to conduct arising out of or in connection with a labor dispute.
(4) Aggravating factors; serious sex crimes committed while infected with certain diseases. (a) In this subsection:
1. "HIV" means any strain of human immunodeficiency virus, which causes acquired immunodeficiency syndrome.
2. "Serious sex crime" means a violation of s. 940.225 (1) or (2), 948.02 (1) or (2), or 948.025.
3. "Sexually transmitted disease" means syphilis, gonorrhea, hepatitis B, hepatitis C, or chlamydia.
4. "Significantly exposed" means sustaining a contact which carries a potential for transmission of a sexually transmitted disease or HIV by one or more of the following:
a. Transmission, into a body orifice or onto mucous membrane, of blood; semen; vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial, or amniotic fluid; or other body fluid that is visibly contaminated with blood.
b. Exchange, during the accidental or intentional infliction of a penetrating wound, including a needle puncture, of blood; semen; vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial, or amniotic fluid; or other body fluid that is visibly contaminated with blood.
c. Exchange, into an eye, an open wound, an oozing lesion, or other place where a significant breakdown in the epidermal barrier has occurred, of blood; semen; vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial, or amniotic fluid; or other body fluid that is visibly contaminated with blood.
(b) When making a sentencing decision concerning a person convicted of a serious sex crime, the court shall consider as an aggravating factor the fact that the serious sex crime was committed under all of the following circumstances:
1. At the time that he or she committed the serious sex crime, the person convicted of committing the serious sex crime had a sexually transmitted disease or acquired immunodeficiency syndrome or had had a positive test for the presence of HIV, antigen, or nonantigenic products of HIV or an antibody to HIV.
2. At the time that he or she committed the serious sex crime, the person convicted of committing the serious sex crime knew that he or she had a sexually transmitted disease or acquired immunodeficiency syndrome or that he or she had had a positive test for the presence of HIV, antigen, or nonantigenic products of HIV or an antibody to HIV.
3. The victim of the serious sex crime was significantly exposed to HIV or to the sexually transmitted disease, whichever is applicable, by the acts constituting the serious sex crime.
(5) Aggravating factors; violent felony committed against elder person. (a) In this subsection:
1. "Elder person" means any individual who is 62 years of age or older.
2. "Violent felony" means any felony under s. 940.19 (2), (4), (5), or (6), 940.225 (1), (2), or (3), 940.23, or 943.32.
