SB345-SSA1,126,2422
973.014
(2) When a court sentences a person to life imprisonment under s.
23939.62 (2m), the court shall provide that the sentence is without the possibility of
24parole
or extended supervision.
SB345-SSA1,127,5
1973.032
(1) Sentence. Beginning July 1, 1992, a court may sentence a person
2who is convicted of a felony occurring on or after August 15, 1991,
but before July 1,
31999, to participate in the intensive sanctions program under s. 301.048.
If a person
4is convicted of a felony occurring on or after July 1, 1999, a court may not sentence
5the person to participate in the intensive sanctions program under s. 301.048.
SB345-SSA1,127,117
973.10
(1) Imposition of probation shall have the effect of placing the defendant
8in the custody of the department and shall subject the defendant to the control of the
9department under conditions set by the court and rules and regulations established
10by the department for the supervision of probationers
and
, parolees
and persons on
11extended supervision.
SB345-SSA1,127,2213
973.15
(2) (b) The court may not impose a sentence to the intensive sanctions
14program consecutive to any other sentence. The court may not impose a sentence to
15the intensive sanctions program concurrent with a sentence imposing
16imprisonment, except that the court may impose a sentence to the program
17concurrent with an imposed and stayed imprisonment sentence or with a prison
18sentence for which the offender has been released on
extended supervision or parole.
19The court may impose concurrent intensive sanctions program sentences. The court
20may impose an intensive sanctions program sentence concurrent to probation. The
21court may impose any sentence for an escape from a sentence to the intensive
22sanctions program concurrent with the sentence to the intensive sanctions program.
SB345-SSA1,128,3
1973.15
(6) Sections 302.11 and 304.06 are applicable to an inmate serving a
2sentence to the Wisconsin state prisons
for a crime committed before July 1, 1999, 3but confined in a federal institution or an institution in another state.
SB345-SSA1,128,85
973.155
(1) (b) The categories in par. (a) include custody of the convicted
6offender which is in whole or in part the result of a probation
, extended supervision 7or parole hold under s. 304.06 (3) or 973.10 (2) placed upon the person for the same
8course of conduct as that resulting in the new conviction.
SB345-SSA1,128,1610
973.155
(2) After the imposition of sentence, the court shall make and enter a
11specific finding of the number of days for which sentence credit is to be granted,
12which finding shall be included in the judgment of conviction. In the case of
13revocation of probation
, extended supervision or parole, the department, if the
14hearing is waived, or the division of hearings and appeals in the department of
15administration, in the case of a hearing, shall make such a finding, which shall be
16included in the revocation order.
SB345-SSA1,128,2518
973.155
(5) If this section has not been applied at sentencing to any person who
19is in custody or to any person who is on probation
, extended supervision or parole,
20the person may petition the department to be given credit under this section. Upon
21proper verification of the facts alleged in the petition, this section shall be applied
22retroactively to the person. If the department is unable to determine whether credit
23should be given, or otherwise refuses to award retroactive credit, the person may
24petition the sentencing court for relief. This subsection applies to any person,
25regardless of the date he or she was sentenced.
SB345-SSA1,129,132
973.20
(1r) When imposing sentence or ordering probation for any crime for
3which the defendant was convicted, the court, in addition to any other penalty
4authorized by law, shall order the defendant to make full or partial restitution under
5this section to any victim of a crime considered at sentencing or, if the victim is
6deceased, to his or her estate, unless the court finds substantial reason not to do so
7and states the reason on the record. Restitution ordered under this section is a
8condition of probation
, extended supervision or parole served by the defendant for
9a crime for which the defendant was convicted. After the termination of probation
,
10extended supervision or parole, or if the defendant is not placed on probation
,
11extended supervision or parole, restitution ordered under this section is enforceable
12in the same manner as a judgment in a civil action by the victim named in the order
13to receive restitution or enforced under ch. 785.
SB345-SSA1,129,2015
973.20
(10) The court may require that restitution be paid immediately, within
16a specified period or in specified instalments. If the defendant is placed on probation
17or sentenced to imprisonment, the end of a specified period shall not be later than
18the end of any period of probation
, extended supervision or parole. If the defendant
19is sentenced to the intensive sanctions program, the end of a specified period shall
20not be later than the end of the sentence under s. 973.032 (3) (a).
SB345-SSA1,130,822
975.10
(1) Any person committed as provided in this chapter may be paroled
23if it appears to the satisfaction of the department of health and family services after
24recommendation by a special review board, appointed by the department, a majority
25of whose members shall not be connected with the department, that the person is
1capable of making an acceptable adjustment in society. Before a person is released
2on parole under this section, the department of health and family services shall so
3notify the municipal police department and county sheriff for the area where the
4person will be residing. The notification requirement does not apply if a municipal
5department or county sheriff submits to the department of health and family services
6a written statement waiving the right to be notified. Probation
, extended
7supervision and parole agents of the department of corrections shall supervise
8persons paroled under this section.
SB345-SSA1,130,2510
976.03
(3) Form of demand. No demand for the extradition of a person charged
11with a crime in another state shall be recognized by the governor unless in writing
12alleging, except in cases arising under sub. (6), that the accused was present in the
13demanding state at the time of the commission of the alleged crime, and that
14thereafter the accused fled from the state, and accompanied by a copy of an
15indictment found or by an information supported by affidavit in the state having
16jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there,
17together with a copy of any warrant which was issued thereon; or by a copy of a
18judgment of conviction or of a sentence imposed in execution thereof, together with
19a statement by the executive authority of the demanding state that the person
20claimed has escaped from confinement or has broken the terms of the person's bail,
21probation
, extended supervision or parole. The indictment, information or affidavit
22made before the magistrate must substantially charge the person demanded with
23having committed a crime under the law of that state; and the copy of indictment,
24information, affidavit, judgment of conviction or sentence must be authenticated by
25the executive authority making the demand.
SB345-SSA1,131,202
976.03
(13) Arrest prior to requisition. Whenever any person within this
3state shall be charged on the oath of any credible person before any judge of this state
4with the commission of any crime in any other state and, except in cases arising
5under sub. (6), with having fled from justice, or with having been convicted of a crime
6in that state and having escaped from confinement, or having broken the terms of
7his or her bail, probation
, extended supervision or parole, or whenever complaint
8shall have been made before any judge in this state setting forth on the affidavit of
9any credible person in another state that a crime has been committed in such other
10state and that the accused has been charged in such state with the commission of the
11crime, and, except in cases arising under sub. (6), has fled from justice, or with having
12been convicted of a crime in that state and having escaped from confinement, or
13having broken the terms of his or her bail, probation
, extended supervision or parole,
14and is believed to be in this state, the judge shall issue a warrant directed to any
15peace officer commanding the officer to apprehend the person named therein,
16wherever the person may be found in this state, and to bring the person before the
17same or any other judge or court who or which may be available in or convenient of
18access to the place where the arrest may be made, to answer the charge or complaint
19and affidavit; and a certified copy of the sworn charge or complaint and affidavit upon
20which the warrant is issued shall be attached to the warrant.
SB345-SSA1,132,622
976.03
(22) Fugitives from this state, duty of governor. Whenever the
23governor of this state shall demand a person charged with crime or with escaping
24from confinement or breaking the terms of his or her bail, probation
, extended
25supervision or parole in this state from the executive authority of any other state, or
1from the chief justice or an associate justice of the district court of the United States
2for the District of Columbia authorized to receive such demand under the laws of the
3United States, the governor shall issue a warrant under the seal of this state, to some
4agent, commanding the agent to receive the person so charged if delivered to the
5agent and convey the person to the proper officer of the county in this state in which
6the offense was committed.
SB345-SSA1,132,188
976.03
(23) (b) When the return to this state is required of a person who has
9been convicted of a crime in this state and has escaped from confinement or broken
10the terms of his or her bail, probation
, extended supervision or parole, the
11prosecuting attorney of the county in which the offense was committed, the secretary
12of corrections, or the warden of the institution or sheriff of the county from which
13escape was made, shall present to the governor a written application for a requisition
14for the return of the person, in which application shall be stated the name of the
15person, the crime of which the person was convicted, the circumstances of escape
16from confinement or of the breach of the terms of bail, probation
, extended
17supervision or parole, and the state in which the person is believed to be, including
18the location of the person therein at the time application is made.
SB345-SSA1,133,420
976.03
(27) (a) Any person arrested in this state charged with having
21committed any crime in another state or alleged to have escaped from confinement,
22or broken the terms of his or her bail, probation
, extended supervision or parole may
23waive the issuance and service of the warrant provided for in subs. (7) and (8) and
24all other procedure incidental to extradition proceedings, by executing or subscribing
25in the presence of a judge of any court of record within this state a writing which
1states that the person consents to return to the demanding state; however, before
2such waiver shall be executed or subscribed by such person the judge shall inform
3such person of the person's rights to the issuance and service of a warrant of
4extradition and to commence an action for habeas corpus as provided in sub. (10).
SB345-SSA1,133,226
976.05
(3) (a) Whenever a person has entered upon a term of imprisonment in
7a penal or correctional institution of a party state, and whenever during the
8continuance of the term of imprisonment there is pending in any other party state
9any untried indictment, information or complaint on the basis of which a detainer
10has been lodged against the prisoner, the prisoner shall be brought to trial within 180
11days after the prisoner has caused to be delivered to the prosecuting officer and the
12appropriate court of the prosecuting officer's jurisdiction written notice of the place
13of his or her imprisonment and his or her request for a final disposition to be made
14of the indictment, information or complaint, but for good cause shown in open court,
15the prisoner or the prisoner's counsel being present, the court having jurisdiction of
16the matter may grant any necessary or reasonable continuance. The request of the
17prisoner shall be accompanied by a certificate of the appropriate official having
18custody of the prisoner, stating the term of commitment under which the prisoner is
19being held, the time already served, the time remaining to be served on the sentence,
20the amount of good time earned, the time of parole eligibility
or date of release to
21extended supervision of the prisoner and any decisions of the department relating
22to the prisoner.
SB345-SSA1,134,824
976.05
(4) (b) Upon receipt of the officer's written request under par. (a), the
25appropriate authorities having the prisoner in custody shall furnish the officer with
1a certificate stating the term of commitment under which the prisoner is being held,
2the time already served, the time remaining to be served on the sentence, the amount
3of good time earned, the time of parole eligibility
or date of release to extended
4supervision of the prisoner, and any decisions of the state parole agency relating to
5the prisoner. Said authorities simultaneously shall furnish all other officers and
6appropriate courts in the receiving state who lodged detainers against the prisoner
7with similar certificates and with notices informing them of the request for custody
8or availability and of the reasons therefor.
SB345-SSA1, s. 437
9Section
437. 977.05 (6) (h) (intro.) of the statutes is amended to read:
SB345-SSA1,134,1210
977.05
(6) (h) (intro.) The state public defender may not provide legal services
11or assign counsel in parole
or extended supervision revocation proceedings unless all
12of the following apply:
SB345-SSA1,134,1514
977.05
(6) (h) 1. The parolee
or person on extended supervision is contesting
15the revocation of parole
or extended supervision.
SB345-SSA1,134,1917
977.05
(6) (h) 2. The department of corrections seeks to have the parolee
or
18person on extended supervision imprisoned upon the revocation of parole
or
19extended supervision.
SB345-SSA1,134,2421
977.06
(2) (b) A person who makes a false representation that he or she does
22not believe is true for purposes of qualifying for assignment of counsel shall be fined
23not more than $10,000 or imprisoned for not more than
5 7 years
and 6 months or
24both.
SB345-SSA1,135,7
1978.07
(1) (c) 1. Any case record of a felony punishable by life imprisonment
2or a related case, after the defendant's parole eligibility date under s. 304.06 (1) or
3973.014
(1) or date of eligibility for release to extended supervision under s. 973.014
4(1g) (a) 1. or 2., whichever is applicable, or 50 years after the commencement of the
5action, whichever occurs later. If there is no parole eligibility date
or no date for
6release to extended supervision, the district attorney may destroy the case record
7after the defendant's death.
SB345-SSA1,135,119
980.015
(2) (a) The anticipated discharge from a sentence, anticipated release
10on parole
or extended supervision or anticipated release from imprisonment of a
11person who has been convicted of a sexually violent offense.
SB345-SSA1,135,1713
980.02
(1) (b) 2. The county in which the person will reside or be placed upon
14his or her discharge from a sentence, release on parole
or extended supervision,
15release from imprisonment, from a secured correctional facility, as defined in s.
16938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or
17from a commitment order.
SB345-SSA1,135,2519
980.02
(2) (ag) The person is within 90 days of discharge or release, on parole
,
20extended supervision or otherwise, from a sentence that was imposed for a conviction
21for a sexually violent offense, from a secured correctional facility, as defined in s.
22938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), if the
23person was placed in the facility for being adjudicated delinquent under s. 938.34 on
24the basis of a sexually violent offense or from a commitment order that was entered
25as a result of a sexually violent offense.
SB345-SSA1,136,62
980.02
(4) (am) The circuit court for the county in which the person will reside
3or be placed upon his or her discharge from a sentence, release on parole
or extended
4supervision, release from imprisonment, from a secured correctional facility, as
5defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02
6(15g), or from a commitment order.
SB345-SSA1,136,88
(1)
Criminal penalties study committee.
SB345-SSA1,136,99
(a) In this subsection, "criminal code" means chapters 939 to 951 of the statutes.
SB345-SSA1,136,1110
(b) There is established a committee under section 15.01 (3) of the statutes
11called the criminal penalties study committee consisting of the following members:
SB345-SSA1,136,12
121. Two judges appointed by the supreme court.
SB345-SSA1,136,13
132. The majority leader in each house, or his or her designee.
SB345-SSA1,136,14
143. The minority leader in each house, or his or her designee.
SB345-SSA1,136,16
154. One faculty member from the law school of the University of Wisconsin
16appointed by the governor.
SB345-SSA1,136,18
175. One faculty member from the law school of Marquette University appointed
18by the governor.
SB345-SSA1,136,19
196. The attorney general or his or her designee.
SB345-SSA1,136,20
207. One current district attorney appointed by the attorney general.
SB345-SSA1,136,21
218. The state public defender or his or her designee.
SB345-SSA1,136,22
229. One representative of crime victims appointed by the attorney general.
SB345-SSA1,136,24
2310. One member of the criminal law section of the state bar appointed by the
24governor.
SB345-SSA1,137,2
111. One representative of law enforcement agencies appointed by the
2governor.
SB345-SSA1,137,3
312. Three public members appointed by the governor.
SB345-SSA1,137,4
413. The secretary of corrections or his or her designee.
SB345-SSA1,137,65
(c) The governor shall appoint one member of the committee to be chairperson
6and one member of the committee to be reporter for the committee.
SB345-SSA1,137,87
(d) The department of administration shall provide staff services to the
8committee.
SB345-SSA1,137,129
(e) The committee shall study the classification of criminal offenses in the
10criminal code, the penalties for all felonies and Class A misdemeanors and issues
11relating to the implementation of the changes in sentencing made by this act. In
12addition, the committee shall make recommendations concerning all of the following:
SB345-SSA1,137,14
131. Creating a uniform classification system for all felonies, including felonies
14outside of the criminal code.
SB345-SSA1,137,16
152. Classifying each felony and Class A misdemeanor in a manner that places
16crimes of similar severity into the same classification.
SB345-SSA1,137,17
173. Consolidating all felonies into a single criminal code.
SB345-SSA1,137,20
184. The creation of a sentencing commission to promulgate sentencing
19guidelines for use by judges when imposing sentence under section 973.01 of the
20statutes, as created by this act.
SB345-SSA1,137,23
215. Temporary sentencing guidelines for use by judges when imposing sentence
22under section 973.01 of the statutes, as created by this act, during the period before
23the promulgation of sentencing guidelines by a sentencing commission.
SB345-SSA1,138,2
246. Changing the administrative rules of the department of corrections to
25ensure that a person who violates a condition of extended supervision imposed as
1part of a sentence under section 973.01 of the statutes, as created by this act, is
2returned to prison promptly and for an appropriate period of time.
SB345-SSA1,138,73
(f) No later than March 1, 1999, the committee shall submit a report of its
4findings and recommendations to the legislature in the manner provided under
5section 13.172 (2) of the statutes and to the governor. The report shall include any
6proposed legislation that is necessary to implement the recommendations made by
7the committee in its report.
SB345-SSA1,139,109
(1)
Increase in felony penalties. The treatment of sections 11.61 (1) (a) and
10(b), 12.60 (1) (a), 13.05, 13.06, 13.69 (6m), 23.33 (13) (cg), 26.14 (8), 29.99 (1) (c), (1m)
11(c), (11m) (a) and (11p) (a), 30.547, 30.80 (2g) (b), (c) and (d), 36.25 (6) (d), 47.03 (3)
12(d), 49.127 (8) (a) 2., (b) 2. and (c), 49.141 (7) (a) and (b), (9) (a) and (b) and (10) (b),
1349.49 (1) (b) 1., (2) (a) and (b), (3), (3m) (b) and (4) (b), 49.95 (1), 51.15 (12), 55.06 (11)
14(am), 66.4025 (1) (b) and (c), 69.24 (1) (intro.), 70.47 (18) (a), 71.83 (2) (b), 86.192 (4),
1597.43 (4), 97.45 (2), 100.26 (2), (5) and (7), 101.143 (10) (b), 101.94 (8) (b), 102.835 (11)
16and (18), 102.85 (3), 108.225 (11) and (18), 114.20 (18) (c), 125.075 (2), 125.085 (3) (a)
172., 125.105 (2) (b), 125.66 (3), 125.68 (12) (b) and (c), 132.20 (2), 133.03 (1) and (2),
18134.05 (4), 134.16, 134.20 (1) (intro.), 134.205 (4), 134.58, 134.74 (7) (b), 139.44 (1),
19(1m), (2) and (8) (c), 139.95 (2) and (3), 146.345 (3), 146.35 (5), 146.60 (9) (am), 146.70
20(10) (a), 154.15 (2), 154.29 (2), 166.20 (11) (b) 1. and 2., 167.10 (9) (g), 175.20 (3),
21180.0129 (2), 181.69, 184.09 (2), 185.825, 214.93, 215.02 (6) (b), 215.12, 215.21 (21),
22218.21 (7), 220.06 (2), 221.0625 (2) (intro.), 221.0636 (2), 221.0637 (2), 221.1004 (2),
23253.06 (4) (b), 285.87 (2) (b), 291.97 (2) (b) (intro.) and (c), 299.53 (4) (c) 2., 302.095
24(2), 341.605 (3), 342.06 (2), 342.065 (4) (b), 342.155 (4) (b), 342.156 (6) (b), 342.30 (3)
25(a), 342.32 (3), 344.48 (2), 346.17 (3) (a), (b), (c) and (d), 346.65 (5), 346.74 (5) (b), (c)
1and (d), 350.11 (2m), 446.07, 447.09, 450.11 (9) (b), 450.14 (5), 450.15 (2), 551.58 (1),
2552.19 (1), 553.52 (1) and (2), 562.13 (3) and (4), 565.50 (2) and (3), 601.64 (4), 641.19
3(4) (a) and (b), 765.30 (1) (intro.) and (2) (intro.), 768.07, 783.07, 939.50 (3) (b), (bc),
4(c), (d) and (e), 946.85 (1), 961.41 (1) (a), (b), (cm) 1., 2., 3., 4. and 5., (d) 1., 2., 3., 4.,
55. and 6., (e) 1., 2., 3., 4., 5. and 6., (f) 1., 2. and 3., (g) 1., 2. and 3., (h) 1., 2. and 3.,
6(i) and (j), (1m) (a), (b), (cm) 1., 2., 3., 4. and 5., (d) 1., 2., 3., 4., 5. and 6., (e) 1., 2., 3.,
74., 5. and 6., (f) 1., 2. and 3., (g) 1., 2. and 3., (h) 1., 2. and 3., (i) and (j), (1n) (c), (2)
8(a), (b), (c) and (d), (3g) (a) 1. and 2. and (4) (am) 3., 961.42 (2), 961.43 (2), 961.455 (1),
9968.31 (1) (intro.), 968.34 (3), 968.43 (3) and 977.06 (2) (b) of the statutes applies to
10offenses committed on or after the effective date of this subsection.
SB345-SSA1, s. 448
11Section
448.
Effective dates. This act takes effect on the day after
12publication, except as follows:
SB345-SSA1,140,14
13(1) Increase in felony penalties. The treatment of sections 11.61 (1) (a) and
14(b), 12.60 (1) (a), 13.05, 13.06, 13.69 (6m), 23.33 (13) (cg), 26.14 (8), 29.99 (1) (c), (1m)
15(c), (11m) (a) and (11p) (a), 30.547, 30.80 (2g) (b), (c) and (d), 36.25 (6) (d), 47.03 (3)
16(d), 49.127 (8) (a) 2., (b) 2. and (c), 49.141 (7) (a) and (b), (9) (a) and (b) and (10) (b),
1749.49 (1) (b) 1., (2) (a) and (b), (3), (3m) (b) and (4) (b), 49.95 (1), 51.15 (12), 55.06 (11)
18(am), 66.4025 (1) (b) and (c), 69.24 (1) (intro.), 70.47 (18) (a), 71.83 (2) (b), 86.192 (4),
1997.43 (4), 97.45 (2), 100.26 (2), (5) and (7), 101.143 (10) (b), 101.94 (8) (b), 102.835 (11)
20and (18), 102.85 (3), 108.225 (11) and (18), 114.20 (18) (c), 125.075 (2), 125.085 (3) (a)
212., 125.105 (2) (b), 125.66 (3), 125.68 (12) (b) and (c), 132.20 (2), 133.03 (1) and (2),
22134.05 (4), 134.16, 134.20 (1) (intro.), 134.205 (4), 134.58, 134.74 (7) (b), 139.44 (1),
23(1m), (2) and (8) (c), 139.95 (2) and (3), 146.345 (3), 146.35 (5), 146.60 (9) (am), 146.70
24(10) (a), 154.15 (2), 154.29 (2), 166.20 (11) (b) 1. and 2., 167.10 (9) (g), 175.20 (3),
25180.0129 (2), 181.69, 184.09 (2), 185.825, 214.93, 215.02 (6) (b), 215.12, 215.21 (21),
1218.21 (7), 220.06 (2), 221.0625 (2) (intro.), 221.0636 (2), 221.0637 (2), 221.1004 (2),
2253.06 (4) (b), 285.87 (2) (b), 291.97 (2) (b) (intro.) and (c), 299.53 (4) (c) 2., 302.095
3(2), 341.605 (3), 342.06 (2), 342.065 (4) (b), 342.155 (4) (b), 342.156 (6) (b), 342.30 (3)
4(a), 342.32 (3), 344.48 (2), 346.17 (3) (a), (b), (c) and (d), 346.65 (5), 346.74 (5) (b), (c)
5and (d), 350.11 (2m), 446.07, 447.09, 450.11 (9) (b), 450.14 (5), 450.15 (2), 551.58 (1),
6552.19 (1), 553.52 (1) and (2), 562.13 (3) and (4), 565.50 (2) and (3), 601.64 (4), 641.19
7(4) (a) and (b), 765.30 (1) (intro.) and (2) (intro.), 768.07, 783.07, 939.50 (3) (b), (bc),
8(c), (d) and (e), 946.85 (1), 961.41 (1) (a), (b), (cm) 1., 2., 3., 4. and 5., (d) 1., 2., 3., 4.,
95. and 6., (e) 1., 2., 3., 4., 5. and 6., (f) 1., 2. and 3., (g) 1., 2. and 3., (h) 1., 2. and 3.,
10(i) and (j), (1m) (a), (b), (cm) 1., 2., 3., 4. and 5., (d) 1., 2., 3., 4., 5. and 6., (e) 1., 2., 3.,
114., 5. and 6., (f) 1., 2. and 3., (g) 1., 2. and 3., (h) 1., 2. and 3., (i) and (j), (1n) (c), (2)
12(a), (b), (c) and (d), (3g) (a) 1. and 2. and (4) (am) 3., 961.42 (2), 961.43 (2), 961.455 (1),
13968.31 (1) (intro.), 968.34 (3), 968.43 (3) and 977.06 (2) (b) of the statutes and
Section 14447 (1
) of this act take effect on July 1, 1999.