SB55-ASA1-AA1,1373,105
971.19
(10) In an action under s. 30.547 for intentionally falsifying an
6application for a certificate of number, a registration or a certificate of title, the
7defendant may be tried in the defendant's county of residence at the time that the
8complaint is filed, in the county where the defendant purchased the boat if purchased
9from a dealer or the county where the department of
natural resources fish, wildlife,
10parks, and forestry received the application.".
SB55-ASA1-AA1,1373,19
13973.017 Sentence of person found guilty but mentally ill. (1) If a
14defendant is found guilty but mentally ill under s. 971.163 or 971.165, the court, by
15order, may impose sentence under this chapter, withhold sentence, or impose
16sentence under s. 973.15 and stay its execution. Except as provided in s. 973.09 (1)
17(c) or if probation is prohibited for a particular offense by statute, the court may place
18the person on probation under s. 973.09 if the court withholds sentence or imposes
19sentence and stays its execution for an offense.
SB55-ASA1-AA1,1373,22
20(2) If the court places a defendant who is found guilty but mentally ill on
21probation or sentences a defendant who is found guilty but mentally ill to the
22Wisconsin state prisons, the court shall do all of the following:
SB55-ASA1-AA1,1373,2423
(a) Order the department, or a person designated by the department, to
24evaluate the defendant to determine the defendant's treatment needs.
SB55-ASA1-AA1,1374,2
1(b) Order the department to provide or arrange for the provision of necessary
2and appropriate treatment for the defendant's mental illness.
SB55-ASA1-AA1,1374,8
3(3) If a defendant who is found guilty but mentally ill is serving a sentence of
4imprisonment or is confined as a condition of probation, he or she may be transferred
5or committed for treatment to the department of health and family services under
6s. 51.20 (1) (a), (ar) or (av) or 51.37 (5). Any time spent by the defendant in a state
7treatment facility due to a transfer or commitment under s. 51.20 (1) (a), (ar) or (av)
8or 51.37 (5) shall be included as part of the individual's sentence.
SB55-ASA1-AA1,1374,12
9(4) If a defendant who is found guilty but mentally ill is sentenced to the
10Wisconsin state prisons, the clerk of court shall attach all of the following to the
11judgment of conviction that is delivered with the defendant under s. 302.06 to the
12reception center designated by the department:
SB55-ASA1-AA1,1374,1313
(a) A copy of any report of an examination conducted under s. 971.16.
SB55-ASA1-AA1,1374,1514
(b) A copy of any report other than a report specified in par. (a) that was
15admitted into evidence at a hearing under s. 971.163 (2) (b).
SB55-ASA1-AA1,1374,1716
(c) A copy of any report other than a report specified in par. (a) that was
17admitted into evidence at a trial under s. 971.165.".
SB55-ASA1-AA1,1375,2
20973.034 Sentencing; restriction on child sex offender working with
21children. Whenever a court imposes a sentence or places a defendant on probation
22regarding a conviction under s. 940.22 (2) or 940.225 (2) (c) or (cm), if the victim is
23under 18 years of age at the time of the offense, or a conviction under s. 948.02 (1)
1or (2), 948.025 (1), 948.05 (1) or (1m), 948.06
, or 948.07 (1), (2), (3)
, or (4), the court
2shall inform the defendant of the requirements and penalties under s. 948.13.".
SB55-ASA1-AA1,1375,95
973.08
(1) When any defendant is sentenced to the state prisons, a copy of the
6judgment of conviction
and, a copy of any order for restitution under s. 973.20
and,
7if applicable, a copy of any report specified in s. 973.017 (4) shall be delivered by the
8officer executing the judgment to the warden or superintendent of the institution
9when the prisoner is delivered.".
SB55-ASA1-AA1,1375,1513
973.09
(2) (b) 1. Except as provided in
subd. subds. 1m. and 2., for felonies, not
14less than one year nor more than either the statutory maximum term of
15imprisonment for the crime or 3 years, whichever is greater.
SB55-ASA1-AA1, s. 4025n
16Section 4025n. 973.09 (2) (b) 1. of the statutes, as affected by 2001 Wisconsin
17Act .... (this act), is amended to read:
SB55-ASA1-AA1,1375,2118
973.09
(2) (b) 1. Except as provided in
subds. subd. 1m. and
subject to subd. 2.,
19the original term of probation for felonies
, and bifurcated sentence misdemeanors
20shall be not less than one year nor more than either the
statutory maximum term
21of
imprisonment confinement in prison for the crime or 3 years, whichever is greater.
SB55-ASA1-AA1,1375,2423
973.09
(2) (b) 1m. If the probationer was found guilty but mentally ill under
24s. 971.163 or 971.165, not less than 5 years.".
SB55-ASA1-AA1,1376,43
973.09
(6) (a) If a defendant who is found guilty but mentally ill under s.
4971.163 or 971.165 is placed on probation, the court shall do all of the following:
SB55-ASA1-AA1,1376,65
1. Order the department, or a person designated by the department, to evaluate
6the defendant to determine the defendant's treatment needs.
SB55-ASA1-AA1,1376,97
2. Order that the department provide or arrange for the provision of necessary
8and appropriate treatment that is recommended as a result of the evaluation under
9subd. 1.
SB55-ASA1-AA1,1376,1210
3. Order as a condition of probation that the defendant undergo the evaluation
11required under subd. 1. and that he or she receive the necessary and appropriate
12mental health treatment that is recommended as a result of that evaluation.
SB55-ASA1-AA1,1376,1513
(b) Treatment required under par. (a) as a condition of probation may be
14provided by any state or local agency or, if approved by the department, by a private
15physician, psychologist, mental health worker or mental health agency.
SB55-ASA1-AA1,1376,1816
(c) If a defendant is required to receive treatment under par. (a), the person
17treating the defendant shall, once every 90 days, file with the court and the
18department a written report concerning the defendant's condition and treatment.
SB55-ASA1-AA1,1376,2119
(d) A defendant placed on probation after being found guilty but mentally ill
20under s. 971.163 or 971.165 may be committed for treatment to the department of
21health and family services under s. 51.20 (1) (a).".
SB55-ASA1-AA1,1377,21
1973.20
(1r) When imposing sentence or ordering probation for any crime
, other
2than a crime involving conduct that constitutes domestic abuse under s. 813.12 (1)
3(a) or 968.075 (1) (a), for which the defendant was convicted, the court, in addition
4to any other penalty authorized by law, shall order the defendant to make full or
5partial restitution under this section to any victim of a crime considered at
6sentencing or, if the victim is deceased, to his or her estate, unless the court finds
7substantial reason not to do so and states the reason on the record.
When imposing
8sentence or ordering probation for a crime involving conduct that constitutes
9domestic abuse under s. 813.12 (1) (a) or 968.075 (1) (a) for which the defendant was
10convicted or that was considered at sentencing, the court, in addition to any other
11penalty authorized by law, shall order the defendant to make full or partial
12restitution under this section to any victim of a crime or, if the victim is deceased, to
13his or her estate, unless the court finds that imposing full or partial restitution will
14create an undue hardship on the defendant or victim and describes the undue
15hardship on the record. Restitution ordered under this section is a condition of
16probation, extended supervision or parole served by the defendant for a crime for
17which the defendant was convicted. After the termination of probation, extended
18supervision or parole, or if the defendant is not placed on probation, extended
19supervision or parole, restitution ordered under this section is enforceable in the
20same manner as a judgment in a civil action by the victim named in the order to
21receive restitution or enforced under ch. 785.".
SB55-ASA1-AA1,1378,6
1978.03
(3) Any assistant district attorney under sub. (1), (1m) or (2) must be
2an attorney admitted to practice law in this state and, except as provided in
s. ss.
3978.043
and 978.044, may perform any duty required by law to be performed by the
4district attorney. The district attorney of the prosecutorial unit under sub. (1), (1m)
, 5or (2) may appoint such temporary counsel as may be authorized by the department
6of administration.
SB55-ASA1-AA1,1378,9
8978.044 Assistants to perform restorative justice services. (1) 9Definitions. In this section:
SB55-ASA1-AA1,1378,1010
(a) "Crime" has the meaning given in s. 950.02 (1m).
SB55-ASA1-AA1,1378,1311
(b) "Offender" means an individual who is, or could be, charged with
12committing a crime or who is, or could be, the subject of a petition under ch. 938
13alleging that he or she has committed a crime.
SB55-ASA1-AA1,1378,1414
(c) "Victim" has the meaning given in s. 950.02 (4).
SB55-ASA1-AA1,1378,19
15(2) Duties. The district attorneys of Dane and Milwaukee counties and of the
16county selected under sub. (4) shall each assign one assistant district attorney in his
17or her prosecutorial unit to be a restorative justice coordinator. An assistant district
18attorney assigned under this subsection to be a restorative justice coordinator shall
19do all the following:
SB55-ASA1-AA1,1378,2320
(a) Establish restorative justice programs that provide support to the victim,
21help reintegrate the victim into community life, and provide a forum where an
22offender may meet with the victim or engage in other activities to do all of the
23following:
SB55-ASA1-AA1,1378,2424
1. Discuss the impact of the offender's crime on the victim or on the community.
SB55-ASA1-AA1,1378,2525
2. Explore potential restorative responses by the offender.
SB55-ASA1-AA1,1379,1
13. Provide methods for reintegrating the offender into community life.
SB55-ASA1-AA1,1379,32
(b) Provide assistance to the district attorney in other counties relating to the
3establishment of restorative justice programs, as described in par. (a).
SB55-ASA1-AA1,1379,44
(c) Maintain a record of all of the following:
SB55-ASA1-AA1,1379,65
1. The amount of time spent implementing the requirements of pars. (a) and
6(b).
SB55-ASA1-AA1,1379,87
2. The number of victims and offenders served by programs established under
8par. (a).
SB55-ASA1-AA1,1379,99
3. The types of offenses addressed by programs established under par. (a).
SB55-ASA1-AA1,1379,1210
4. The rate of recidivism among offenders served by programs established
11under par. (a) compared to the rate of recidivism by offenders not served by such
12programs.
SB55-ASA1-AA1,1379,18
13(3) Report to department of administration. Annually, on a date specified by
14the department of administration, the district attorneys of Dane and Milwaukee
15counties and of the county selected under sub. (4) shall each submit to the
16department of administration a report summarizing the records under sub. (2) (c)
17covering the preceding 12-month period. The department of administration shall
18maintain the information submitted under this subsection by the district attorney.
SB55-ASA1-AA1,1379,21
19(4) Selection of 3rd county. The attorney general, in consultation with the
20department of corrections, shall select a county other than Dane or Milwaukee
21county in which restorative justice services are to be provided under sub. (2).
SB55-ASA1-AA1,1379,22
22(5) Expiration. This section does not apply after June 30, 2005.
SB55-ASA1-AA1,1380,824
978.05
(8) (b) Hire, employ
, and supervise his or her staff and, subject to
s. ss. 25978.043
and 978.044, make appropriate assignments of the staff throughout the
1prosecutorial unit. The district attorney may request the assistance of district
2attorneys, deputy district attorneys
, or assistant district attorneys from other
3prosecutorial units or assistant attorneys general who then may appear and assist
4in the investigation and prosecution of any matter for which a district attorney is
5responsible under this chapter in like manner as assistants in the prosecutorial unit
6and with the same authority as the district attorney in the unit in which the action
7is brought. Nothing in this paragraph limits the authority of counties to regulate the
8hiring, employment
, and supervision of county employees.".
SB55-ASA1-AA1,1380,1411
980.065
(1r) Notwithstanding sub. (1m), the department may place a female
12person committed under s. 980.06 at Mendota Mental Health Institute, Winnebago
13Mental Health Institute, or a privately operated residential facility under contract
14with the department of health and family services.
SB55-ASA1-AA1,1380,19
16980.067 Activities off grounds. (1) The superintendent of the facility at
17which a person is placed under s. 980.065 may allow the person to leave the grounds
18of the facility under escort. The department of health and family services shall
19promulgate rules for the administration of this section.
SB55-ASA1-AA1,1380,21
20(2) A person remains placed in institutional care under s. 980.065 for purposes
21of s. 946.42 (3) (h) while on a leave granted under this section.".
