Amendment SSA1-AB465

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JEO&MGD:cmh:kjf

1999 - 2000 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 1999 ASSEMBLY BILL 465

November 4, 1999 - Offered by Senator George.

AB465-SSA1,1,6 An Act to amend 15.01 (2); to create 15.105 (26), 19.42 (10) (o), 19.42 (13) (n), 20.505 (4) (dr), 20.505 (4) (mr), 20.923 (4) (b) 7., 20.923 (6) (hr), 230.08 (2) (L) 6., 230.08 (2) (of), 973.017 and 973.30 of the statutes; and to affect 1997 Wisconsin Act 283, section 454 (1) (f) and 1997 Wisconsin Act 283, section 454 (2); relating to: the creation of a sentencing commission, the duties of the criminal penalties study committee and making appropriations.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB465-SSA1, s. 1 Section 1. 15.01 (2) of the statutes is amended to read:

AB465-SSA1,2,7 15.01 (2) "Commission" means a 3-member governing body in charge of a department or independent agency or of a division or other subunit within a department, except for the Wisconsin waterways commission which shall consist of 5 members, the parole commission which shall consist of 6 members and the Fox river management commission which shall consist of 7 members. A Wisconsin group created for participation in a continuing interstate body, or the interstate body itself, shall be known as a "commission", but is not a commission for purposes of s. 15.06. The parole commission created under s. 15.145 (1) shall be known as a "commission", but is not a commission for purposes of s. 15.06. The sentencing commission created under s. 15.105 (26) shall be known as a "commission" but is not a commission for purposes of s. 15.06 (1) to (4m), (7) and (9).

AB465-SSA1, s. 2 Section 2. 15.105 (26) of the statutes is created to read:

AB465-SSA1,2,11 15.105 (26) Sentencing commission. (a) Creation; membership. There is created a sentencing commission which is attached to the department of administration under s. 15.03 and which shall consist of the following members:

AB465-SSA1,2,12 1. The attorney general or his or her designee.

AB465-SSA1,2,13 2. The state public defender or his or her designee.

AB465-SSA1,2,15 3. Six members, at least 2 of whom are not employed by any unit of federal, state or local government, appointed by the governor.

AB465-SSA1,2,18 4. One majority party member and one minority party member from each house of the legislature, appointed as are the members of standing committees in their respective houses.

AB465-SSA1,2,19 5. Two circuit judges, appointed by the supreme court.

AB465-SSA1,2,21 6. One representative of crime victims and one district attorney, each appointed by the attorney general.

AB465-SSA1,2,23 7. One attorney in private practice engaged primarily in the practice of criminal defense, appointed by the criminal law section of the State Bar of Wisconsin.

AB465-SSA1,3,3 (b) Nonvoting members. The secretary of corrections or his or her designee, the chairperson of the parole commission or his or her designee and the director of state courts or his or her designee shall be nonvoting members of the commission.

AB465-SSA1,3,5 (c) Terms. 1. Except as provided in subd. 2., members appointed under par. (a) 3. and 5. to 7. shall serve 3-year terms and are eligible for reappointment.

AB465-SSA1,3,8 2. The term of a circuit judge appointed under par. (a) 5. shall end when such person ceases to be a circuit judge. The term of a district attorney appointed under par. (a) 6. shall end when such person ceases to be a district attorney.

AB465-SSA1,3,11 (d) Officers. The governor shall designate annually one of the members of the commission as chairperson. The commission may elect officers other than a chairperson from among its members as its work requires.

AB465-SSA1,3,18 (e) Reimbursement and compensation. Members of the commission shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties. An officer or employe of the state shall be reimbursed by the agency that pays the member's salary. Members who are full-time state officers or employes shall receive no compensation for their services. Other members shall be paid $25 per day, in addition to their actual and necessary expenses, for each day on which they are actually and necessarily engaged in the performance of their duties.

AB465-SSA1,3,19 (f) Sunset. This subsection does not apply after December 31, 2004.

AB465-SSA1, s. 3 Section 3. 19.42 (10) (o) of the statutes is created to read:

AB465-SSA1,3,22 19.42 (10) (o) A member, the executive director or the deputy director of the sentencing commission.

AB465-SSA1, s. 4 Section 4. 19.42 (13) (n) of the statutes is created to read:

AB465-SSA1,3,25 19.42 (13) (n) The position of member, executive director or deputy director of the sentencing commission.

AB465-SSA1, s. 5 Section 5. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB465-SSA1, s. 6 Section 6. 20.505 (4) (dr) of the statutes is created to read:

AB465-SSA1,4,6 20.505 (4) (dr) Sentencing commission. The amounts in the schedule for the general program operations of the sentencing commission. No money may be encumbered from the appropriation under this paragraph after December 31, 2004.

AB465-SSA1, s. 7 Section 7. 20.505 (4) (mr) of the statutes is created to read:

AB465-SSA1,4,11 20.505 (4) (mr) Sentencing commission; federal aid. All moneys received as federal aid as authorized by the governor under s. 16.54 to carry out the purposes for which the aid is provided. No money may be encumbered from the appropriation under this paragraph after December 31, 2004.

AB465-SSA1, s. 8 Section 8. 20.923 (4) (b) 7. of the statutes is created to read:

AB465-SSA1,4,13 20.923 (4) (b) 7. Sentencing commission: executive director.

AB465-SSA1, s. 9 Section 9. 20.923 (6) (hr) of the statutes is created to read:

AB465-SSA1,4,15 20.923 (6) (hr) Sentencing commission: deputy director.

AB465-SSA1, s. 10 Section 10. 230.08 (2) (L) 6. of the statutes is created to read:

AB465-SSA1,4,17 230.08 (2) (L) 6. Sentencing commission.

AB465-SSA1, s. 11 Section 11. 230.08 (2) (of) of the statutes is created to read:

AB465-SSA1,4,19 230.08 (2) (of) The executive director of the sentencing commission.

AB465-SSA1, s. 12 Section 12. 973.017 of the statutes is created to read:

AB465-SSA1,5,6 973.017 Bifurcated sentences; use of guidelines. (1) Definition. In this section, "sentencing decision" means a decision as to whether to impose a bifurcated sentence under s. 973.01 or to 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.

AB465-SSA1,5,12 (2) General requirement. When a court makes a sentencing decision concerning a person convicted of a felony committed on or after December 31, 1999, the court shall consider 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.

AB465-SSA1,5,19 (3) Use of guidelines; no right to or basis for appeal. The requirement under sub. (2) that a court consider sentencing guidelines adopted by the sentencing commission or the criminal penalties study committee does not require a court to make a sentencing decision that is within any range or consistent with a recommendation specified in the guidelines, and there is no right to appeal a court's sentencing decision based on the court's decision to depart in any way from any guideline.

AB465-SSA1, s. 13 Section 13. 973.30 of the statutes is created to read:

AB465-SSA1,5,22 973.30 Sentencing commission. (1) Duties. The sentencing commission shall do all of the following:

AB465-SSA1,5,24 (a) Select an executive director having appropriate training and experience to study sentencing practices and prepare proposed sentencing guidelines.

AB465-SSA1,5,25 (b) Monitor and compile data regarding sentencing practices in the state.

AB465-SSA1,6,4 (c) Adopt advisory sentencing guidelines for felonies committed on or after December 31, 1999, to promote public safety, to reflect changes in sentencing practices and to preserve the integrity of the criminal justice and correctional systems.

AB465-SSA1,6,15 (cm) Establish a procedure by which a sentencing court may at any time modify a bifurcated sentence that was previously imposed by the court by reducing the term of confinement in prison portion of the sentence and lengthening the term of extended supervision imposed so that the total length of the bifurcated sentence originally imposed does not change. The procedure established under this paragraph shall specify the factors that a court may consider when deciding whether to modify a bifurcated sentence. The procedure shall provide that a court may on its own motion review a bifurcated sentence for purposes of deciding whether to modify the sentence, and the procedure shall also specify the circumstances under which a court may review and modify a bifurcated sentence when requested to do so by the department or the person serving the sentence.