Amendment JR2 SA2-SSA1-AB1

AB1-SSA1-SA2,472,2 949.16 (1) The Except as provided in sub. (2), the record of a proceeding before an examiner or the department under this chapter is a public record. Any record or report obtained by an examiner or the department, the confidentiality of which is protected by sub. (2) or any other law or rule, shall remain confidential.

AB1-SSA1-SA2, s. 938eL Section 938eL. 949.16 (2) of the statutes is created to read:

AB1-SSA1-SA2,472,6 949.16 (2) The examiner and the department shall keep confidential the address, the electronic address, and the telephone number of each victim, applicant, and member of the victim's family or household.

AB1-SSA1-SA2, s. 938en Section 938en. 950.04 (1v) (g) of the statutes is amended to read:

AB1-SSA1-SA2,472,10 950.04 (1v) (g) To have reasonable attempts made to notify the victim of hearings or court proceedings, as provided under ss. 302.113 (9g) (g) 2., 302.114 (6), 938.27 (4m) and (6), 938.273 (2), and 971.095 (3) and 972.14 (3) (b).".

AB1-SSA1-SA2,472,11 498. Page 293, line 14: after that line insert:

AB1-SSA1-SA2,472,12 " Section 939m. 950.04 (1v) (gm) of the statutes is created to read:

AB1-SSA1-SA2,472,14 950.04 (1v) (gm) To have reasonable attempts made to notify the victim of petitions for sentence adjustment as provided under s. 973.195 (1) (d) or (2) (c).".

AB1-SSA1-SA2,472,15 499. Page 293, line 18: after that line insert:

AB1-SSA1-SA2,472,16 " Section 940dg. 950.04 (1v) (ve) of the statutes is created to read:

AB1-SSA1-SA2,472,21 950.04 (1v) (ve) If a hearing is scheduled in response to a petition filed by the department of corrections under s. 973.032 (4m) (b) for permission to release a person from a placement in the intensive supervision program under s. 301.048 (3) (a) 1., to have the appropriate clerk of court send the victim a copy of a petition and notification of the hearing on that petition under s. 973.032 (4m) (c).".

AB1-SSA1-SA2,472,22 500. Page 293, line 18: after that line insert:

AB1-SSA1-SA2,472,23 " Section 940f. 950.08 (2g) (c) of the statutes is amended to read:

AB1-SSA1-SA2,473,7 950.08 (2g) (c) The address and telephone number of the intake worker, corporation counsel, or district attorney whom the victim may contact to obtain information concerning the rights of victims and to request notice of court proceedings under ss. 938.27 (4m) and (6), 938.273 (2), and 938.299 (1) (am) and 938.335 (3m) (b) or ss. or under s. 971.095 (3) and 972.14 (3) (b), whichever is applicable, and to request the opportunity to confer under ss. s. 938.245 (1m), 938.265, or 938.32 (1) (am) or under s. 971.095 (2), whichever is applicable.".

AB1-SSA1-SA2,473,8 501. Page 328, line 7: after that line insert:

AB1-SSA1-SA2,473,9 " Section 1112p. 972.14 (3) (b) of the statutes is amended to read:

AB1-SSA1-SA2,473,15 972.14 (3) (b) After a conviction, if If the district attorney knows of a victim of a crime to be considered at sentencing, the district attorney shall make a reasonable attempt to contact that person to inform him or her of the right to make or provide a statement under par. (a). Any failure to comply with this paragraph is not a ground for an appeal of a judgment of conviction or for any court to reverse or modify a judgment of conviction.".

AB1-SSA1-SA2,473,16 502. Page 332, line 13: after "under s." insert "301.048 (6) (c),".

AB1-SSA1-SA2,473,17 503. Page 332, line 13: after that line insert:

AB1-SSA1-SA2,473,18 " Section 1132m. 973.01 (5) of the statutes is amended to read:

AB1-SSA1-SA2,473,21 973.01 (5) Other extended supervision conditions. Whenever the court imposes a bifurcated sentence under sub. (1), the court may impose conditions upon the term of extended supervision, including drug treatment under s. 973.031.".

AB1-SSA1-SA2,473,23 504. Page 332, line 13: substitute "302.113 (9g), or 973.195 (1)" for "or 302.113 (9g)".

AB1-SSA1-SA2,474,2 505. Page 338, line 22: delete the material beginning with that line and ending with page 339, line 4, and substitute:

AB1-SSA1-SA2,474,9 "(10mm) Required findings of fact. (a) Except as provided in par. (b), the court shall make explicit findings of fact in open court and on the record to support each element of its sentencing decision, including its decision as to whether to impose a bifurcated sentence under s. 973.01 or to place a person on probation and its 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.

AB1-SSA1-SA2,474,12 (b) If the court determines that is not in the interest of the defendant to make the findings of fact required under par. (a) in the defendant's presence, the court shall make the findings of fact in writing and include the written findings in the record.

AB1-SSA1-SA2,474,17 (11m) Standard of review on appeal. In an appeal from a court's sentencing decision, the appellate court shall reverse the sentencing decision if it determines that the sentencing court erroneously exercised its discretion in making the sentencing decision or there is not substantial evidence in the record to support the sentencing decision.".

AB1-SSA1-SA2,474,18 506. Page 339, line 9: after that line insert:

AB1-SSA1-SA2,474,19 " Section 1137m. 973.031 of the statutes is created to read:

AB1-SSA1-SA2,475,4 973.031 Court-ordered drug treatment. When the court imposes a sentence or places a person on probation for any offense committed on or after the effective date of this section .... [revisor inserts date], the court may order the person to participate in a drug treatment program as a condition of probation or, in the case of a person sentenced under s. 973.01, while the person is in prison or as a condition of extended supervision or both. The court may order the department to pay for the cost of drug treatment under this section from the appropriation under s. 20.410 (1) (a) for persons in jail or prison or under s. 20.410 (1) (b) for persons on probation or extended supervision.".

AB1-SSA1-SA2,475,5 507. Page 339, line 10: delete lines 10 to 13 and substitute:

AB1-SSA1-SA2,475,6 " Section 1137p. 973.032 (title) of the statutes is amended to read:

AB1-SSA1-SA2,475,8 973.032 (title) Sentence to Required participation in intensive sanctions program.

AB1-SSA1-SA2, s. 1137pb Section 1137pb. 973.032 (1) of the statutes is amended to read:

AB1-SSA1-SA2,475,16 973.032 (1) Sentence Authority to order. Beginning July 1, 1992, Except as provided in sub. (2), a court may sentence order a person who is convicted of a felony occurring on or after August 15, 1991, but before December 31, 1999, to participate in the intensive sanctions program under s. 301.048. If a person is convicted of a felony occurring on or after December 31, 1999, a court may not sentence the person to participate in the intensive sanctions program under s. 301.048 during the entire term of confinement in prison portion of the bifurcated sentence.

AB1-SSA1-SA2, s. 1137q Section 1137q. 973.032 (2) (a) of the statutes is amended to read:

AB1-SSA1-SA2,476,2 973.032 (2) (a) A court may sentence order a person to participate in the intensive sanctions program under sub. (1) if the department provides a presentence investigation report recommending that the person be sentenced to ordered to participate in the program. If the department does not make the recommendation, a court may order the department to assess and evaluate the person. After that assessment and evaluation, the court may sentence order the person to participate in the program unless the department objects on the ground that it recommends that the person be placed on probation.

AB1-SSA1-SA2, s. 1137r Section 1137r. 973.032 (2) (b) of the statutes is amended to read:

AB1-SSA1-SA2,476,9 973.032 (2) (b) Notwithstanding par. (a), the court may not sentence order a person to participate in the intensive sanctions program under sub. (1) if he or she is convicted of a felony punishable by life imprisonment or has at any time been convicted, adjudicated delinquent, or found not guilty or not responsible by reason of insanity or mental disease, defect, or illness for committing a violent offense, as defined in s. 301.048 (2) (bm).

AB1-SSA1-SA2, s. 1137s Section 1137s. 973.032 (3) (intro.) of the statutes is repealed.

AB1-SSA1-SA2, s. 1137t Section 1137t. 973.032 (3) (a) of the statutes is repealed.

AB1-SSA1-SA2, s. 1137u Section 1137u. 973.032 (3) (b) of the statutes is renumbered 973.032 (3) (b) (intro.) and amended to read:

AB1-SSA1-SA2,476,16 973.032 (3) (b) (intro.) The If the court orders a person to participate in the intensive sanctions program under sub. (1), the court shall provide a maximum period for placements do all of the following:

AB1-SSA1-SA2,476,18 1. Order that the person be placed under s. 301.048 (3) (a) 1., which may not exceed for at least one year unless the defendant waives this requirement.

AB1-SSA1-SA2, s. 1137um Section 1137um. 973.032 (3) (b) 2. of the statutes is created to read:

AB1-SSA1-SA2,476,22 973.032 (3) (b) 2. Subject to the limitation imposed under s. 301.048 (3) (bm) 2., specify the date on which the person is eligible for release from that placement under sub. (4m).

AB1-SSA1-SA2, s. 1137v Section 1137v. 973.032 (3) (c) 2. of the statutes is amended to read:

AB1-SSA1-SA2,477,3 973.032 (3) (c) 2. The court may prescribe reasonable and necessary conditions of the sentence in accordance with s. 301.048 (3) in an order issued under sub. (1), except the court may not specify a particular Type 1 prison, jail, camp, or facility where the offender is to be placed under s. 301.048 (3) (a) and the court may not restrict the department's authority under s. 301.048 (3) (b) or (c).

AB1-SSA1-SA2, s. 1137w Section 1137w. 973.032 (4) of the statutes is repealed.".

AB1-SSA1-SA2,477,5 508. Page 339, line 13: after that line insert:

AB1-SSA1-SA2,477,6 " Section 1138wh. 973.032 (4m) of the statutes is created to read:

AB1-SSA1-SA2,477,8 973.032 (4m) Release to community. (a) In this subsection, "victim" has the meaning given in s. 950.02 (4).

AB1-SSA1-SA2,477,12 (b) No earlier than 30 days before the date specified by the court under sub. (3) (b) 2., the department may petition the court for permission to release a person subject to an order under sub. (1) from a placement described under s. 301.048 (3) (a) 1.

AB1-SSA1-SA2,477,19 (c) Upon the filing of a petition under par. (b), the court, with or without a hearing, may authorize the department to release the person from his or her placement any time after the date specified under sub. (3) (b) 2. If the court schedules a hearing on the petition, the clerk of the circuit court in which the petition is filed shall send a copy of the petition and a notice of hearing to the victim of the crime committed by the inmate, if the victim has submitted a card under par. (e) requesting notification, at least 10 days before the date of the hearing.

AB1-SSA1-SA2,477,23 (d) The notice under par. (c) shall inform the victim that he or she may appear at the hearing and shall inform the victim of the manner in which he or she may provide written statements concerning the inmate's petition for release to extended supervision.

AB1-SSA1-SA2,478,10 (e) The director of state courts shall design and prepare cards for a victim to send to the clerk of the circuit court in which the inmate is convicted and sentenced. The cards shall have space for a victim to provide his or her name and address, the name of the applicable inmate and any other information the director of state courts determines is necessary. The director of state courts shall provide the cards, without charge, to clerks of circuit court. Clerks of circuit court shall provide the cards, without charge, to victims. Victims may send completed cards to the clerk of the circuit court in which the inmate was convicted and sentenced. All court records or portions of records that relate to mailing addresses of victims are not subject to inspection or copying under s. 19.35 (1).

AB1-SSA1-SA2,478,13 (f) If the court schedules a hearing on a petition filed under par. (b), the clerk of the court shall provide a copy of the petition and a notice of the hearing to the district attorney at least 10 days before the hearing.

AB1-SSA1-SA2, s. 1138x Section 1138x. 973.032 (5) of the statutes is repealed.

AB1-SSA1-SA2, s. 1138y Section 1138y. 973.032 (6) of the statutes is amended to read:

AB1-SSA1-SA2,478,19 973.032 (6) Credit. Any sentence credit under s. 973.155 (1) applies toward service of the period under sub. (3) (a) the term of confinement in prison portion of the bifurcated sentence of a person who is subject to this section but does not apply toward service of the period under sub. (3) (b).

AB1-SSA1-SA2, s. 1138z Section 1138z. 973.032 (7) of the statutes is created to read:

AB1-SSA1-SA2,478,25 973.032 (7) Participants on extended supervision. The court or the department may require a person ordered to participate in the intensive sanctions program under sub. (1) to remain in the intensive sanctions program as a condition of extended supervision, but subs. (2) to (6) do not apply to such persons once they are on extended supervision.".

AB1-SSA1-SA2,479,1 509. Page 339, line 17: after that line insert:

AB1-SSA1-SA2,479,2 " Section 1141m. 973.09 (6) of the statutes is created to read:

AB1-SSA1-SA2,479,4 973.09 (6) The court may require as a condition of probation that the person participate in a drug treatment program under s. 973.031.".

AB1-SSA1-SA2,479,5 510. Page 342, line 6: after that line insert:

AB1-SSA1-SA2,479,6 " Section 1143n. 973.20 (10) of the statutes is amended to read:

AB1-SSA1-SA2,479,12 973.20 (10) The court may require that restitution be paid immediately, within a specified period or in specified instalments installments. If the defendant is placed on probation or sentenced to imprisonment, the end of a specified period shall not be later than the end of any period of probation, extended supervision , or parole. If the defendant is sentenced to the intensive sanctions program, the end of a specified period shall not be later than the end of the sentence under s. 973.032 (3) (a).".

AB1-SSA1-SA2,479,13 511. Page 342, line 6: after that line insert:

AB1-SSA1-SA2,479,14 " Section 1143m. 973.195 of the statutes is created to read:

AB1-SSA1-SA2,479,21 973.195 Sentence adjustment. (1) Confinement in prison. (a) An inmate who is serving a sentence imposed under s. 973.01 for a crime other than a Class B felony may petition the sentencing court to adjust the sentence if the inmate has served at least 25 percent of the term of confinement in prison portion of the sentence. If an inmate is subject to more than one sentence imposed under this section, the sentences shall be treated individually for purposes of sentence adjustment under this subsection.

AB1-SSA1-SA2,479,22 (b) Any of the following is a ground for a petition under par. (a):

AB1-SSA1-SA2,480,3 1. The inmate's conduct, efforts at and progress in rehabilitation, or participation and progress in education, treatment, or other correctional programs since he or she was sentenced.

AB1-SSA1-SA2,480,8 3. A change in law or procedure related to sentencing or revocation of extended supervision effective after the inmate was sentenced that would have resulted in a shorter term of confinement in prison or, if the inmate was returned to prison upon revocation of extended supervision, a shorter period of confinement in prison upon revocation, if the change had been applicable when the inmate was sentenced.

AB1-SSA1-SA2,480,10 4. The inmate is subject to a sentence of confinement in another state or the inmate is in the United States illegally and may be deported.

AB1-SSA1-SA2,480,11 5. Sentence adjustment is otherwise in the interests of justice.

AB1-SSA1-SA2,480,17 (c) Upon receipt of a petition filed under par. (a), the sentencing court may deny the petition or hold the petition for further consideration. If the court holds the petition for further consideration, the court shall notify the district attorney of the inmate's petition. If the district attorney objects to adjustment of the inmate's sentence within 45 days of receiving notification under this paragraph, the court shall deny the inmate's petition.

AB1-SSA1-SA2,481,2 (d) If the sentence for which the inmate seek's adjustment is for an offense under s. 940.225 (2) or (3), 948.02 (2), or 948.08 and the district attorney does not object to the petition within 10 days of receiving notice under par. (c), the district attorney shall notify the the victim, as defined under s. 950.02 (4), of the inmate's petition. The notice to the victim shall include information on the sentence adjustment petition process under this subsection, including information on how to object to the inmate's petition. If the victim objects to adjustment of the inmate's sentence within 45 days of the date on which the district attorney received notice under par. (c), the court shall deny the inmate's petition.

AB1-SSA1-SA2,481,6 (e) Notwithstanding the confidentiality of victim address information obtained under s. 302.113 (9g) (g) 3., a district attorney who is required to send notice to a victim under par. (d) or sub. (2) (c) may obtain from the clerk of the circuit court victim address information that the victim provided to the clerk under s. 302.113 (9g) (g) 3.

AB1-SSA1-SA2,481,11 (f) If the sentencing court receives no objection to sentence adjustment from the district attorney under par. (c) or the victim under par. (d) and the court determines that sentence adjustment is in the public interest, the court may adjust the inmate's sentence as provided under par. (g). The court shall include in the record written reasons for any sentence adjustment granted under this subsection.

AB1-SSA1-SA2,481,13 (g) Except as provided under par. (h), the only sentence adjustments that a court may make under this subsection are as follows:

AB1-SSA1-SA2,481,17 1. If the inmate is serving the term of confinement in prison portion of the sentence, a reduction in the term of confinement in prison by the amount of time remaining in the term of confinement in prison portion of the sentence, less up to 30 days, and a corresponding increase in the term of extended supervision.

AB1-SSA1-SA2,481,21 2. If the inmate is confined in prison upon revocation of extended supervision, a reduction in the amount of time remaining in the period of confinement in prison imposed upon revocation, less up to 30 days, and a corresponding increase in the term of extended supervision.

AB1-SSA1-SA2,482,4 (h) 1. If the court adjusts a sentence under par. (g) on the basis of a change in law or procedure as provided under par. (b) 3. and the total sentence length of the adjusted sentence is greater than the maximum sentence length that the offender could have received if the change in law or procedure had been applicable when the inmate was originally sentenced, the court may reduce the length of the term of extended supervision so that the total sentence length does not exceed the maximum sentence length that the offender could have received if the change in law or procedure had been applicable when the inmate was originally sentenced.

AB1-SSA1-SA2,482,13 2. If the court adjusts a sentence under par. (g) on the basis of a change in law or procedure as provided under par. (b) 3. and the adjusted term of extended supervision is greater than the maximum term of extended supervision that the offender could have received if the change in law or procedure had been applicable when the inmate was originally sentenced, the court may reduce the length of the term of extended supervision so that the term of extended supervision does not exceed the maximum term of extended supervision that the offender could have received if the change in law or procedure had been applicable when the inmate was originally sentenced.

AB1-SSA1-SA2,482,17 (i) If an inmate's petition under this subsection is denied, the inmate may not submit another petition concerning the same sentence within 3 years of the date that the petition was denied. An inmate may submit no more than 2 petitions under this subsection for each sentence imposed under s. 973.01.

AB1-SSA1-SA2,483,3 (2) Extended supervision. (a) A person who is serving a term of extended supervision imposed under s. 973.01 for a crime other than a Class B felony may petition the sentencing court to adjust the length of the term of extended supervision if the person has served at least 25 percent of the term of extended supervision and if a change law or procedure related to sentencing or revocation of extended supervision effective after the person was sentenced would have resulted in either a shorter total sentence or a shorter term of extended supervision had the change been applicable when the person was sentenced. If a petitioner is subject to more than one term of extended supervision imposed under s. 973.01, the terms of extended supervision shall be treated individually for purposes of adjustment under this subsection.

AB1-SSA1-SA2,483,9 (b) Upon receipt of a petition filed under par. (a), the sentencing court may deny the petition or hold the petition for further consideration. If the court holds the petition for further consideration, the court shall notify the district attorney of the petition. If the district attorney objects to adjustment of the petitioner's term of extended supervision within 45 days of receiving notification under this paragraph, the court shall deny the petition.

AB1-SSA1-SA2,483,20 (c) If the term of extended supervision for which the petitioner seeks adjustment was imposed for an offense under s. 940.225 (2) or (3), 948.02 (2), or 948.08 and the district attorney does not object to the petition within 10 days of receiving notice under par. (b), the district attorney shall notify the the victim, as defined under s. 950.02 (4), of the petition. The district attorney may obtain victim address information as provided under sub. (1) (e). The notice to the victim shall include information on the extended supervision adjustment petition process under this subsection, including information on how to object to the petitioner's petition. If the victim objects to adjustment of the petitioner's term of extended supervision within 45 days of the date on which the district attorney received notice under par. (b), the court shall deny the petition.

AB1-SSA1-SA2,484,3 (d) If the sentencing court receives no objection to sentence adjustment from the district attorney under par. (b) or the victim under par. (c) and the court determines that adjustment of the term of extended supervision is in the public interest, the court may adjust the petitioner's term of extended supervision so that the total sentence length and the term of extended supervision are no longer than they could have been if the change in law or procedure had been applicable at the time the person was sentenced. The court shall include in the record written reasons for any adjustment granted under this subsection.