Amendment JR2 ASA1-AB1

AB1-ASA1,338,12 (9) Aggravating factors not an element of the crime. The aggravating factors listed in this section are not elements of any crime. A prosecutor is not required to charge any aggravating factor or otherwise allege the existence of an aggravating factor in any pleading for a court to consider the aggravating factor when making a sentencing decision.

AB1-ASA1,338,21 (10) Use of guidelines; no right to or basis for appeal. The requirement under sub. (2) (a) 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. In any appeal from a court's sentencing decision, the appellate court may reverse the sentencing decision only if it determines that the sentencing court erroneously exercised its discretion in making the sentencing decision.

AB1-ASA1,338,24 (10m) Statement of reasons for sentencing decision. (a) The court shall state the reasons for its sentencing decision and, except as provided in par. (b), shall do so in open court and on the record.

AB1-ASA1,339,4 (b) If the court determines that it is not in the interest of the defendant for it to state the reasons for its sentencing decision in the defendant's presence, the court shall state the reasons for its sentencing decision in writing and include the written statement in the record.

AB1-ASA1, s. 1136 Section 1136. 973.03 (3) (e) 1. and 2. of the statutes are amended to read:

AB1-ASA1,339,6 973.03 (3) (e) 1. A crime which is a Class A or, B, or C felony.

AB1-ASA1,339,8 2. A crime which is a Class C D, E, F, or G felony listed in s. 969.08 (10) (b), but not including any crime specified in s. 943.10.

AB1-ASA1, s. 1137 Section 1137. 973.03 (3) (e) 3. of the statutes is repealed.

AB1-ASA1, s. 1138 Section 1138. 973.032 (4) (c) 2. of the statutes is amended to read:

AB1-ASA1,339,13 973.032 (4) (c) 2. The person is sentenced for the escape under s. 946.42 (4) (b) to a sentence of imprisonment concurrent with the sentence to the intensive sanctions program.

AB1-ASA1, s. 1141 Section 1141. 973.09 (2) (b) 1. of the statutes is amended to read:

AB1-ASA1,339,17 973.09 (2) (b) 1. Except as provided in subd. 2., for felonies, not less than one year nor more than either the statutory maximum term of imprisonment confinement in prison for the crime or 3 years, whichever is greater.

AB1-ASA1, s. 1142 Section 1142. 973.15 (2m) of the statutes is created to read:

AB1-ASA1,339,19 973.15 (2m) (a) Definitions. In this subsection:

AB1-ASA1,339,22 1. "Determinate sentence" means a bifurcated sentence imposed under s. 973.01 or a life sentence under which a person is eligible for release to extended supervision under s. 973.014 (1g) (a) 1. or 2.

AB1-ASA1,339,24 2. "Indeterminate sentence" means a sentence to the Wisconsin state prisons other than one of the following:

AB1-ASA1,339,25 a. A determinate sentence.

AB1-ASA1,340,2 b. A sentence under which the person is not eligible for release on parole under s. 939.62 (2m) (c) or 973.014 (1) (c).

AB1-ASA1,340,7 3. "Period of confinement in prison," with respect to any sentence to the Wisconsin state prisons, means any time during which a person is incarcerated under that sentence, including any extensions imposed under s. 302.11 (3), 302.113 (3), or 302.114 (3) and any period of confinement in prison required to be served under s. 302.11 (7) (am), 302.113 (9) (am), or 302.114 (9) (am).

AB1-ASA1,340,12 (b) Determinate sentences imposed to run concurrent with or consecutive to determinate sentences. 1. If a court provides that a determinate sentence is to run concurrent with another determinate sentence, the person sentenced shall serve the periods of confinement in prison under the sentences concurrently and the terms of extended supervision under the sentences concurrently.

AB1-ASA1,340,17 2. If a court provides that a determinate sentence is to run consecutive to another determinate sentence, the person sentenced shall serve the periods of confinement in prison under the sentences consecutively and the terms of extended supervision under the sentences consecutively and in the order in which the sentences have been pronounced.

AB1-ASA1,340,24 (c) Determinate sentences imposed to run concurrent with or consecutive to indeterminate sentences. 1. If a court provides that a determinate sentence is to run concurrent with an indeterminate sentence, the person sentenced shall serve the period of confinement in prison under the determinate sentence concurrent with the period of confinement in prison under the indeterminate sentence and the term of extended supervision under the determinate sentence concurrent with the parole portion of the indeterminate sentence.

AB1-ASA1,341,6 2. If a court provides that a determinate sentence is to run consecutive to an indeterminate sentence, the person sentenced shall serve the period of confinement in prison under the determinate sentence consecutive to the period of confinement in prison under the indeterminate sentence and the parole portion of the indeterminate sentence consecutive to the term of extended supervision under the determinate sentence.

AB1-ASA1,341,13 (d) Indeterminate sentences imposed to run concurrent with or consecutive to determinate sentences. 1. If a court provides that an indeterminate sentence is to run concurrent with a determinate sentence, the person sentenced shall serve the period of confinement in prison under the indeterminate sentence concurrent with the period of confinement in prison under the determinate sentence and the parole portion of the indeterminate sentence concurrent with the term of extended supervision required under the determinate sentence.

AB1-ASA1,341,19 2. If a court provides that an indeterminate sentence is to run consecutive to a determinate sentence, the person sentenced shall serve the period of confinement in prison under the indeterminate sentence consecutive to the period of confinement in prison under the determinate sentence and the parole portion of the indeterminate sentence consecutive to the term of extended supervision under the determinate sentence.

AB1-ASA1,341,25 (e) Revocation in multiple sentence cases. If a person is serving concurrent determinate sentences and extended supervision is revoked in each case, or if a person is serving a determinate sentence concurrent with an indeterminate sentence and both extended supervision and parole are revoked, the person shall concurrently serve any periods of confinement in prison required under those sentences under s. 302.11 (7) (am), 302.113 (9) (am), or 302.114 (9) (am).

AB1-ASA1, s. 1143 Section 1143. 973.155 (1) (b) of the statutes is amended to read:

AB1-ASA1,342,6 973.155 (1) (b) The categories in par. (a) include custody of the convicted offender which is in whole or in part the result of a probation, extended supervision or parole hold under s. 302.113 (8m), 302.114 (8m), 304.06 (3), or 973.10 (2) placed upon the person for the same course of conduct as that resulting in the new conviction.

AB1-ASA1, s. 1144 Section 1144. 973.30 of the statutes is created to read:

AB1-ASA1,342,9 973.30 Sentencing commission. (1) Duties. The sentencing commission shall do all of the following:

AB1-ASA1,342,11 (a) Select an executive director having appropriate training and experience to study sentencing practices and prepare proposed sentencing guidelines.

AB1-ASA1,342,12 (b) Monitor and compile data regarding sentencing practices in the state.

AB1-ASA1,342,16 (c) Adopt advisory sentencing guidelines for felonies committed on or after the effective date of this paragraph .... [revisor inserts date], to promote public safety, to reflect changes in sentencing practices and to preserve the integrity of the criminal justice and correctional systems.

AB1-ASA1,342,19 (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.

AB1-ASA1,342,20 (e) Provide information to judges and lawyers about the sentencing guidelines.

AB1-ASA1,342,24 (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.

AB1-ASA1,343,3 (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.

AB1-ASA1,343,5 (h) Assist the legislature in assessing the cost of enacting new or revising existing statutes affecting criminal sentencing.

AB1-ASA1,343,11 (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:

AB1-ASA1,343,12 1. Milwaukee County.

AB1-ASA1,343,13 2. Dane and Rock counties.

AB1-ASA1,343,14 3. Brown, Outagamie, Calumet, and Winnebago counties.

AB1-ASA1,343,15 4. Racine and Kenosha counties.

AB1-ASA1,343,16 5. All other counties.

AB1-ASA1,343,17 (j) Study how sentencing options affect various types of offenders and offenses.

AB1-ASA1,343,19 (2) Staff. Subject to authorization under s. 16.505, the sentencing commission may hire staff to assist it in the performance of its duties.

AB1-ASA1,343,20 (3) Sunset. This section does not apply after December 31, 2007.

AB1-ASA1, s. 1145 Section 1145. 977.05 (4) (jm) of the statutes is created to read:

AB1-ASA1,344,2 977.05 (4) (jm) At the request of an inmate determined by the state public defender to be indigent or upon referral of a court under s. 302.113 (9g) (j), represent the inmate in proceedings for modification of a bifurcated sentence under s. 302.113 (9g) before a program review committee and the sentencing court, if the state public defender determines the case should be pursued.

AB1-ASA1, s. 1146 Section 1146. 977.06 (2) (b) of the statutes is amended to read:

AB1-ASA1,344,7 977.06 (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 7 years and 6 months or both is guilty of a Class I felony.

AB1-ASA1, s. 1147 Section 1147. 978.13 (1) (intro.) of the statutes is amended to read:

AB1-ASA1,344,10 978.13 (1) (intro.) The Subject to sub. (1m), the state shall assume financial responsibility for all of the following:

AB1-ASA1, s. 1148 Section 1148. 978.13 (1) (b) of the statutes is amended to read:

AB1-ASA1,344,19 978.13 (1) (b) In counties having a population of 500,000 or more, the salary and fringe benefit costs of 2 clerk positions providing clerical services to the prosecutors in the district attorney's office handling cases involving felony violations under ch. 961. The state treasurer shall pay the amount authorized under this paragraph subsection to the county treasurer pursuant to a voucher submitted by the district attorney to the department of administration from the appropriation under s. 20.475 (1) (i). The amount paid under this paragraph may not exceed $75,200 in the 1999-2000 fiscal year and $77,500 in the 2000-01 fiscal year.

AB1-ASA1, s. 1149 Section 1149. 978.13 (1) (c) of the statutes is amended to read:

AB1-ASA1,345,5 978.13 (1) (c) In counties having a population of 500,000 or more, the salary and fringe benefit costs of clerk positions in the district attorney's office necessary for the prosecution of violent crime cases primarily involving felony violations under s. 939.63, if a felony is committed while armed, and under ss. 940.01 to 940.03, 940.05, 940.06, 940.225, 943.23 (1g), (1m) and (1r) and 943.32 (2). The state treasurer shall pay the amount authorized under this paragraph subsection to the county treasurer pursuant to a voucher submitted by the district attorney to the secretary of administration from the appropriation under s. 20.475 (1) (i). The amount paid under this paragraph may not exceed $94,400 in the 1999-2000 fiscal year and $97,200 in the 2000-01 fiscal year.

AB1-ASA1, s. 1150 Section 1150. 978.13 (1) (d) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1,345,15 978.13 (1) (d) In counties having a population of 500,000 or more, the salary and fringe benefit costs of 2 clerk positions providing clerical services to the prosecutors in the district attorney's office handling cases involving the unlawful possession or use of firearms. The state treasurer shall pay the amount authorized under this paragraph subsection to the county treasurer from the appropriation under s. 20.475 (1) (f) pursuant to a voucher submitted by the district attorney to the department of administration. The amount paid under this paragraph may not exceed the amount appropriated under s. 20.475 (1) (f).

AB1-ASA1, s. 1151 Section 1151. 978.13 (1m) of the statutes is created to read:

AB1-ASA1,345,19 978.13 (1m) The amount paid under sub. (1) (b) and (c) combined may not exceed the amount appropriated under s. 20.475 (1) (i). The amount paid under sub. (1) (d) may not exceed the amount appropriated under s. 20.475 (1) (f).

AB1-ASA1, s. 1157 Section 1157. 1997 Wisconsin Act 283, section 454 (1) (f) is amended to read:

AB1-ASA1,345,25 [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.

AB1-ASA1, s. 1158b Section 1158b. 1999 Wisconsin Act 113, section 32 (7) is repealed.

AB1-ASA1, s. 1160m Section 1160m. 2001 Wisconsin Act 16, section 9137 (6f) is amended to read:

AB1-ASA1,346,8 [2001 Wisconsin Act 16] Section 9137 (6f) Study on wild cranes. From the appropriation under section 20.370 (1) (kk) of the statutes, as created by this act, the department of natural resources shall provide in fiscal year 2001-02 a total of $20,000 $30,000 and in fiscal year 2002-03 a total of $30,000 to the University of Wisconsin System and the International Crane Foundation jointly for a study of crop damage caused in this state by wild cranes.

AB1-ASA1, s. 1160r Section 1160r. 2001 Wisconsin Act 16, section 9315 (1k) is amended to read:

AB1-ASA1,346,13 [2001 Wisconsin Act 16] Section 9315 (1k) Training and certification of chief inspectors. The treatment of sections 7.03 (1) (a), 7.15 (1) (e), 7.30 (1) and (6) (b), and 7.31 (2) of the statutes first applies with respect to elections held on September 1, 2002 2004.

AB1-ASA1, s. 9101 Section 9101. Nonstatutory provisions; administration.

AB1-ASA1,346,15 (1) Commission on local government.

AB1-ASA1,346,17 (a) There is created a special committee to be called the commission on local government, which shall consist of members appointed by the governor.

AB1-ASA1,346,19 (b) The governor shall appoint or determine the method of appointment of the officers of the commission and shall call the first meeting of the commission.

AB1-ASA1,346,21 (c) The department of administration shall provide necessary administrative support services to the commission.

AB1-ASA1,346,25 (d) The department of administration shall reimburse members of the commission for their actual and necessary expenses incurred in carrying out their functions from the appropriation under section 20.505 (4) (ba) of the statutes, within the budget of the committee authorized under section 16.40 (14) of the statutes.

AB1-ASA1,347,1 (e) The commission shall:

AB1-ASA1,347,4 1. Examine the organization, authority, and efficiency of local governments, the services provided by each type of local government, and the services required of local governments by the state.

AB1-ASA1,347,7 2. Review the relationship of local governments with the state, examine spending by local governments, and identify ways to increase efficiency in the delivery of local governmental services.

AB1-ASA1,347,11 (f) No later than February 1, 2003, the commission shall report its findings and recommendations to the governor, and to the legislature in the manner provided in section 13.172 (2) of the statutes. Upon submittal of its report, the commission ceases to exist.

AB1-ASA1,347,14 (2) Sentencing commission; initial terms. Notwithstanding section 15.105 (27) (c) 1. of the statutes, as created by this act, the initial members of the sentencing commission shall be appointed for the following terms:

AB1-ASA1,347,18 (a) Two members appointed under section 15.105 (27) (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 prosecutor, for terms expiring on January 1, 2004.

AB1-ASA1,347,21 (b) Three members appointed under section 15.105 (27) (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, 2005.

AB1-ASA1,347,24 (c) Two members appointed under section 15.105 (27) (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, 2006.

AB1-ASA1,348,4 (3) 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.

AB1-ASA1,348,9 (4) 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 changes made in the substance and structure of criminal penalties to be imposed under this act.

AB1-ASA1,348,10 (6v) Reallocation of certain appropriation reductions.

AB1-ASA1,348,12 (a) In this subsection, "state operations" means any purpose other than aids to individuals and organizations.

AB1-ASA1,348,18 (b) The secretary of administration may submit a request to the cochairpersons of the joint committee on finance to reallocate any portion of the appropriation reduction under Section 9201 (4v) of this act to one or more other appropriations to the department of administration for state operations made from general purpose revenue. If the committee approves such a request, the amounts in the schedule for the affected appropriations are adjusted to reflect the the approved reallocation.

AB1-ASA1,348,24 (6z) Housing grants and loans funding decrease. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for the purposes of the 2003-05 biennial budget bill, the department of administration shall submit information concerning the appropriation under section 20.505 (7) (b) of the statutes as though the decreases in that appropriation by Section 9201 (1) of this act had not been made.

AB1-ASA1,348,25 (7) Elimination of certain unfunded state agency positions.