Amendment SSA1-AB465

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.

AB465-SSA1,6,18 (d) Provide information to the legislature, state agencies and the public regarding the costs to and other needs of the department which result from sentencing practices.

AB465-SSA1,6,19 (e) Provide information to judges and lawyers about the sentencing guidelines.

AB465-SSA1,6,23 (f) Publish and distribute to all circuit judges hearing criminal cases an annual report regarding its work, which shall include all sentencing guidelines and all changes in existing sentencing guidelines adopted during the 12 months preceding the report.

AB465-SSA1,7,3 (g) Study whether race is a basis for imposing sentences in criminal cases and submit a report and recommendations on this issue to the governor, to each house of the legislature under s. 13.172 (2) and to the supreme court.

AB465-SSA1,7,5 (h) Assist the legislature in assessing the cost of enacting new or revising existing statutes affecting criminal sentencing.

AB465-SSA1,7,11 (i) At least semiannually, submit reports to all circuit judges, and to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3), containing statistics regarding criminal sentences imposed in this state. Each report shall have a different focus and need not contain statistics regarding every crime. Each report shall contain information regarding sentences imposed statewide and in each of the following geographic areas:

AB465-SSA1,7,12 1. Milwaukee County.

AB465-SSA1,7,13 2. Dane and Rock counties.

AB465-SSA1,7,14 3. Brown, Outagamie, Calumet and Winnebago counties.

AB465-SSA1,7,15 4. Racine and Kenosha counties.

AB465-SSA1,7,16 5. All other counties.

AB465-SSA1,7,17 (j) Study how sentencing options affect various types of offenders and offenses.

AB465-SSA1,7,19 (2) Staff. Subject to authorization under s. 16.505, the sentencing commission may hire staff to assist it in the performance of its duties.

AB465-SSA1,7,20 (3) Sunset. This section does not apply after December 31, 2004.

AB465-SSA1, s. 14 Section 14. 1997 Wisconsin Act 283, section 454 (1) (f) is amended to read:

AB465-SSA1,8,2 [1997 Wisconsin Act 283] Section 454 (1) (f) No later than April 30, 1999, the 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.

AB465-SSA1, s. 15 Section 15. 1997 Wisconsin Act 283, section 454 (2) is amended to read:

AB465-SSA1,8,9 [1997 Wisconsin Act 283] Section 454 (2) Attorney project position. The authorized FTE positions for the department of administration are increased by 1.0 GPR attorney project position, to be funded from the appropriation under section 20.505 (3) (c) of the statutes, for the purpose of providing legal services to the criminal penalties study committee established under subsection (1), for the period ending on April 30, 1999 June 30, 2000.

AB465-SSA1, s. 16 Section 16 . Nonstatutory provisions.

AB465-SSA1,8,13 (1) Sentencing commission; initial terms. Notwithstanding section 15.105 (26) (c) 1. of the statutes, as created by this act, the initial members of the sentencing commission shall be appointed for the following terms:

AB465-SSA1,8,17 (a) Two members appointed under section 15.105 (26) (a) 3. of the statutes, as created by this act, one of whom is not employed by any unit of federal, state or local government, one circuit judge and one district attorney, for terms expiring on January 1, 2001.

AB465-SSA1,8,20 (b) Two members appointed under section 15.105 (26) (a) 3. of the statutes, as created by this act, one of whom is not employed by any unit of federal, state or local government, and one circuit judge, for terms expiring on January 1, 2002.

AB465-SSA1,8,23 (c) Two members appointed under section 15.105 (26) (a) 3. of the statutes, as created by this act, one representative of crime victims and one attorney in private practice, for terms expiring on January 1, 2003.

AB465-SSA1,9,2 (2) Position authorization. There is authorized for the sentencing commission 1.0 FTE GPR executive director position, 1.0 FTE GPR deputy director position and 4.0 FTE GPR other positions to be funded from the appropriation under section 20.505 (4) (dr) of the statutes, as created by this act.

AB465-SSA1,9,7 (3) Criminal penalties study committee. Until the members of the sentencing commission created under section 973.30 of the statutes, as created by this act, are appointed, the criminal penalties study committee shall provide information to lawyers, judges, the legislature and the public regarding the changes made in criminal sentencing by 1997 Wisconsin Act 283 and this act.

AB465-SSA1, s. 17 Section 17 . Appropriation changes.

AB465-SSA1,9,13 (1) Criminal penalties study committee. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of administration under section 20.505 (3) (c) of the statutes, as affected by the acts of 1999, the dollar amount is increased by $112,500 for fiscal year 1999-00 to fund the activities of the criminal penalties study committee created under 1997 Wisconsin Act 283, section 454 (1).

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