Amendment SSA1-SB345

SB345-SSA1, s. 435 Section 435. 976.05 (3) (a) of the statutes is amended to read:

SB345-SSA1,133,22 976.05 (3) (a) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information or complaint on the basis of which a detainer has been lodged against the prisoner, the prisoner shall be brought to trial within 180 days after the prisoner has caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place of his or her imprisonment and his or her request for a final disposition to be made of the indictment, information or complaint, but for good cause shown in open court, the prisoner or the prisoner's counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility or date of release to extended supervision of the prisoner and any decisions of the department relating to the prisoner.

SB345-SSA1, s. 436 Section 436. 976.05 (4) (b) of the statutes is amended to read:

SB345-SSA1,134,8 976.05 (4) (b) Upon receipt of the officer's written request under par. (a), the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility or date of release to extended supervision of the prisoner, and any decisions of the state parole agency relating to the prisoner. Said authorities simultaneously shall furnish all other officers and appropriate courts in the receiving state who lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor.

SB345-SSA1, s. 437 Section 437. 977.05 (6) (h) (intro.) of the statutes is amended to read:

SB345-SSA1,134,12 977.05 (6) (h) (intro.) The state public defender may not provide legal services or assign counsel in parole or extended supervision revocation proceedings unless all of the following apply:

SB345-SSA1, s. 438 Section 438. 977.05 (6) (h) 1. of the statutes is amended to read:

SB345-SSA1,134,15 977.05 (6) (h) 1. The parolee or person on extended supervision is contesting the revocation of parole or extended supervision.

SB345-SSA1, s. 439 Section 439. 977.05 (6) (h) 2. of the statutes is amended to read:

SB345-SSA1,134,19 977.05 (6) (h) 2. The department of corrections seeks to have the parolee or person on extended supervision imprisoned upon the revocation of parole or extended supervision.

SB345-SSA1, s. 440 Section 440. 977.06 (2) (b) of the statutes is amended to read:

SB345-SSA1,134,24 977.06 (2) (b) A person who makes a false representation that he or she does not believe is true for purposes of qualifying for assignment of counsel shall be fined not more than $10,000 or imprisoned for not more than 5 7 years and 6 months or both.

SB345-SSA1, s. 441 Section 441. 978.07 (1) (c) 1. of the statutes is amended to read:

SB345-SSA1,135,7 978.07 (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 date of eligibility for release to extended supervision under s. 973.014 (1g) (a) 1. or 2., 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.

SB345-SSA1, s. 442 Section 442. 980.015 (2) (a) of the statutes is amended to read:

SB345-SSA1,135,11 980.015 (2) (a) The anticipated discharge from a sentence, anticipated release on parole or extended supervision or anticipated release from imprisonment of a person who has been convicted of a sexually violent offense.

SB345-SSA1, s. 443 Section 443. 980.02 (1) (b) 2. of the statutes is amended to read:

SB345-SSA1,135,17 980.02 (1) (b) 2. The county in which the person will reside or be placed upon his or her discharge from a sentence, release on parole or extended supervision, release from imprisonment, from a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or from a commitment order.

SB345-SSA1, s. 444 Section 444. 980.02 (2) (ag) of the statutes is amended to read:

SB345-SSA1,135,25 980.02 (2) (ag) The person is within 90 days of discharge or release, on parole, extended supervision or otherwise, from a sentence that was imposed for a conviction for a sexually violent offense, from a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), if the person was placed in the facility for being adjudicated delinquent under s. 938.34 on the basis of a sexually violent offense or from a commitment order that was entered as a result of a sexually violent offense.

SB345-SSA1, s. 445 Section 445. 980.02 (4) (am) of the statutes is amended to read:

SB345-SSA1,136,6 980.02 (4) (am) The circuit court for the county in which the person will reside or be placed upon his or her discharge from a sentence, release on parole or extended supervision, release from imprisonment, from a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or from a commitment order.

SB345-SSA1, s. 446 Section 446 . Nonstatutory provisions.

SB345-SSA1,136,8 (1)   Criminal penalties study committee.

SB345-SSA1,136,9 (a) In this subsection, "criminal code" means chapters 939 to 951 of the statutes.

SB345-SSA1,136,11 (b) There is established a committee under section 15.01 (3) of the statutes called the criminal penalties study committee consisting of the following members:

SB345-SSA1,136,12 1.  Two judges appointed by the supreme court.

SB345-SSA1,136,13 2.  The majority leader in each house, or his or her designee.

SB345-SSA1,136,14 3.  The minority leader in each house, or his or her designee.

SB345-SSA1,136,16 4.  One faculty member from the law school of the University of Wisconsin appointed by the governor.

SB345-SSA1,136,18 5.  One faculty member from the law school of Marquette University appointed by the governor.

SB345-SSA1,136,19 6.  The attorney general or his or her designee.

SB345-SSA1,136,20 7.  One current district attorney appointed by the attorney general.

SB345-SSA1,136,21 8.  The state public defender or his or her designee.

SB345-SSA1,136,22 9.  One representative of crime victims appointed by the attorney general.

SB345-SSA1,136,24 10. One member of the criminal law section of the state bar appointed by the governor.

SB345-SSA1,137,2 11.  One representative of law enforcement agencies appointed by the governor.

SB345-SSA1,137,3 12.  Three public members appointed by the governor.

SB345-SSA1,137,4 13.  The secretary of corrections or his or her designee.

SB345-SSA1,137,6 (c)  The governor shall appoint one member of the committee to be chairperson and one member of the committee to be reporter for the committee.

SB345-SSA1,137,8 (d)  The department of administration shall provide staff services to the committee.

SB345-SSA1,137,12 (e)  The committee shall study the classification of criminal offenses in the criminal code, the penalties for all felonies and Class A misdemeanors and issues relating to the implementation of the changes in sentencing made by this act. In addition, the committee shall make recommendations concerning all of the following:

SB345-SSA1,137,14 1. Creating a uniform classification system for all felonies, including felonies outside of the criminal code.

SB345-SSA1,137,16 2.  Classifying each felony and Class A misdemeanor in a manner that places crimes of similar severity into the same classification.

SB345-SSA1,137,17 3.  Consolidating all felonies into a single criminal code.

SB345-SSA1,137,20 4.  The creation of a sentencing commission to promulgate sentencing guidelines for use by judges when imposing sentence under section 973.01 of the statutes, as created by this act.

SB345-SSA1,137,23 5.  Temporary sentencing guidelines for use by judges when imposing sentence under section 973.01 of the statutes, as created by this act, during the period before the promulgation of sentencing guidelines by a sentencing commission.

SB345-SSA1,138,2 6.  Changing the administrative rules of the department of corrections to ensure that a person who violates a condition of extended supervision imposed as part of a sentence under section 973.01 of the statutes, as created by this act, is returned to prison promptly and for an appropriate period of time.

SB345-SSA1,138,7 (f)  No later than March 1, 1999, the committee shall submit a report of its findings and recommendations to the legislature in the manner provided under section 13.172 (2) of the statutes and to the governor. The report shall include any proposed legislation that is necessary to implement the recommendations made by the committee in its report.

SB345-SSA1, s. 447 Section 447 . Initial applicability.

SB345-SSA1,139,10 (1) Increase in felony penalties. The treatment of sections 11.61 (1) (a) and (b), 12.60 (1) (a), 13.05, 13.06, 13.69 (6m), 23.33 (13) (cg), 26.14 (8), 29.99 (1) (c), (1m) (c), (11m) (a) and (11p) (a), 30.547, 30.80 (2g) (b), (c) and (d), 36.25 (6) (d), 47.03 (3) (d), 49.127 (8) (a) 2., (b) 2. and (c), 49.141 (7) (a) and (b), (9) (a) and (b) and (10) (b), 49.49 (1) (b) 1., (2) (a) and (b), (3), (3m) (b) and (4) (b), 49.95 (1), 51.15 (12), 55.06 (11) (am), 66.4025 (1) (b) and (c), 69.24 (1) (intro.), 70.47 (18) (a), 71.83 (2) (b), 86.192 (4), 97.43 (4), 97.45 (2), 100.26 (2), (5) and (7), 101.143 (10) (b), 101.94 (8) (b), 102.835 (11) and (18), 102.85 (3), 108.225 (11) and (18), 114.20 (18) (c), 125.075 (2), 125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12) (b) and (c), 132.20 (2), 133.03 (1) and (2), 134.05 (4), 134.16, 134.20 (1) (intro.), 134.205 (4), 134.58, 134.74 (7) (b), 139.44 (1), (1m), (2) and (8) (c), 139.95 (2) and (3), 146.345 (3), 146.35 (5), 146.60 (9) (am), 146.70 (10) (a), 154.15 (2), 154.29 (2), 166.20 (11) (b) 1. and 2., 167.10 (9) (g), 175.20 (3), 180.0129 (2), 181.69, 184.09 (2), 185.825, 214.93, 215.02 (6) (b), 215.12, 215.21 (21), 218.21 (7), 220.06 (2), 221.0625 (2) (intro.), 221.0636 (2), 221.0637 (2), 221.1004 (2), 253.06 (4) (b), 285.87 (2) (b), 291.97 (2) (b) (intro.) and (c), 299.53 (4) (c) 2., 302.095 (2), 341.605 (3), 342.06 (2), 342.065 (4) (b), 342.155 (4) (b), 342.156 (6) (b), 342.30 (3) (a), 342.32 (3), 344.48 (2), 346.17 (3) (a), (b), (c) and (d), 346.65 (5), 346.74 (5) (b), (c) and (d), 350.11 (2m), 446.07, 447.09, 450.11 (9) (b), 450.14 (5), 450.15 (2), 551.58 (1), 552.19 (1), 553.52 (1) and (2), 562.13 (3) and (4), 565.50 (2) and (3), 601.64 (4), 641.19 (4) (a) and (b), 765.30 (1) (intro.) and (2) (intro.), 768.07, 783.07, 939.50 (3) (b), (bc), (c), (d) and (e), 946.85 (1), 961.41 (1) (a), (b), (cm) 1., 2., 3., 4. and 5., (d) 1., 2., 3., 4., 5. 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., (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., 4., 5. and 6., (f) 1., 2. and 3., (g) 1., 2. and 3., (h) 1., 2. and 3., (i) and (j), (1n) (c), (2) (a), (b), (c) and (d), (3g) (a) 1. and 2. and (4) (am) 3., 961.42 (2), 961.43 (2), 961.455 (1), 968.31 (1) (intro.), 968.34 (3), 968.43 (3) and 977.06 (2) (b) of the statutes applies to offenses committed on or after the effective date of this subsection.

SB345-SSA1, s. 448 Section 448. Effective dates. This act takes effect on the day after publication, except as follows:

SB345-SSA1,140,14 (1) Increase in felony penalties. The treatment of sections 11.61 (1) (a) and (b), 12.60 (1) (a), 13.05, 13.06, 13.69 (6m), 23.33 (13) (cg), 26.14 (8), 29.99 (1) (c), (1m) (c), (11m) (a) and (11p) (a), 30.547, 30.80 (2g) (b), (c) and (d), 36.25 (6) (d), 47.03 (3) (d), 49.127 (8) (a) 2., (b) 2. and (c), 49.141 (7) (a) and (b), (9) (a) and (b) and (10) (b), 49.49 (1) (b) 1., (2) (a) and (b), (3), (3m) (b) and (4) (b), 49.95 (1), 51.15 (12), 55.06 (11) (am), 66.4025 (1) (b) and (c), 69.24 (1) (intro.), 70.47 (18) (a), 71.83 (2) (b), 86.192 (4), 97.43 (4), 97.45 (2), 100.26 (2), (5) and (7), 101.143 (10) (b), 101.94 (8) (b), 102.835 (11) and (18), 102.85 (3), 108.225 (11) and (18), 114.20 (18) (c), 125.075 (2), 125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12) (b) and (c), 132.20 (2), 133.03 (1) and (2), 134.05 (4), 134.16, 134.20 (1) (intro.), 134.205 (4), 134.58, 134.74 (7) (b), 139.44 (1), (1m), (2) and (8) (c), 139.95 (2) and (3), 146.345 (3), 146.35 (5), 146.60 (9) (am), 146.70 (10) (a), 154.15 (2), 154.29 (2), 166.20 (11) (b) 1. and 2., 167.10 (9) (g), 175.20 (3), 180.0129 (2), 181.69, 184.09 (2), 185.825, 214.93, 215.02 (6) (b), 215.12, 215.21 (21), 218.21 (7), 220.06 (2), 221.0625 (2) (intro.), 221.0636 (2), 221.0637 (2), 221.1004 (2), 253.06 (4) (b), 285.87 (2) (b), 291.97 (2) (b) (intro.) and (c), 299.53 (4) (c) 2., 302.095 (2), 341.605 (3), 342.06 (2), 342.065 (4) (b), 342.155 (4) (b), 342.156 (6) (b), 342.30 (3) (a), 342.32 (3), 344.48 (2), 346.17 (3) (a), (b), (c) and (d), 346.65 (5), 346.74 (5) (b), (c) and (d), 350.11 (2m), 446.07, 447.09, 450.11 (9) (b), 450.14 (5), 450.15 (2), 551.58 (1), 552.19 (1), 553.52 (1) and (2), 562.13 (3) and (4), 565.50 (2) and (3), 601.64 (4), 641.19 (4) (a) and (b), 765.30 (1) (intro.) and (2) (intro.), 768.07, 783.07, 939.50 (3) (b), (bc), (c), (d) and (e), 946.85 (1), 961.41 (1) (a), (b), (cm) 1., 2., 3., 4. and 5., (d) 1., 2., 3., 4., 5. 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., (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., 4., 5. and 6., (f) 1., 2. and 3., (g) 1., 2. and 3., (h) 1., 2. and 3., (i) and (j), (1n) (c), (2) (a), (b), (c) and (d), (3g) (a) 1. and 2. and (4) (am) 3., 961.42 (2), 961.43 (2), 961.455 (1), 968.31 (1) (intro.), 968.34 (3), 968.43 (3) and 977.06 (2) (b) of the statutes and Section 447 (1 ) of this act take effect on July 1, 1999.

SB345-SSA1,140,15 (End)