LRBs0345/1
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2003 - 2004 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2003 ASSEMBLY BILL 137
February 11, 2004 - Offered by
Committee on Corrections and the Courts.
AB137-ASA1,1,2
1An Act to amend 972.13 (1) and 974.06 (1); and
to create 971.41 and 973.115
2of the statutes;
relating to: community courts for youthful offenders.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB137-ASA1,1,8
4971.41 Suspended prosecution agreement; placement with community
5court program. The court, the district attorney, and the defendant may enter into
6a suspended prosecution agreement for the defendant to be placed with a community
7court program under s. 973.115. The agreement must include the requirement that
8the defendant comply with the court's order under s. 973.115 (2).
AB137-ASA1,1,1210
972.13
(1) A Except as provided in s. 973.11 (1) or 973.115 (2), a judgment of
11conviction shall be entered upon a verdict of guilty by the jury, a finding of guilty by
12the court in cases where a jury is waived, or a plea of guilty or no contest.
AB137-ASA1,2,5
2973.115 Placements with community court program. (1) Approval of
3programs. In each judicial administrative district under s. 757.60, the chief judge
4of the district may approve community court programs established in a county within
5the district for placements under this section.
AB137-ASA1,2,8
6(2) Placements. (a) The court may withhold the judgment of conviction or the
7sentence and order that a person be placed in a community court program if all of the
8following apply:
AB137-ASA1,2,109
1. The person is convicted of or pleads guilty or no contest to one or more
10misdemeanors for which mandatory periods of imprisonment are not required.
AB137-ASA1,2,1211
2. The person committed each offense under subd. 1. when he or she was under
1225 years of age.
AB137-ASA1,2,1513
3. If the court is to withhold the judgment of conviction, the court, the district
14attorney, and the defendant have entered into a suspended prosecution agreement
15under s. 971.41.
AB137-ASA1,2,1716
4. The chief judge of the judicial administrative district has approved a
17community court program established in that county.
AB137-ASA1,2,1918
5. The court decides that the community court program will likely benefit the
19person and the community.
AB137-ASA1,2,2320
(b) Except as provided in sub. (3), the court may establish reasonable and
21appropriate conditions on the defendant's placement and it shall include those
22conditions in its order. The court shall set the length of the order, which initially may
23not exceed 2 years.
AB137-ASA1,3,3
1(c) When ordering that a defendant be placed in a community court program,
2the court may order that the record be expunged if the defendant satisfies the
3conditions of the order and any applicable suspended prosecution agreement.
AB137-ASA1,3,9
4(3) Status of defendant. A defendant who is placed with a community court
5program under sub. (2) is subject to conditions set by the court in the placement order
6and the conditions provided in any applicable suspended prosecution agreement.
7The defendant is not on probation under ss. 973.09 and 973.10 and the department
8is not responsible for supervising him or her. The court may not require the person
9to be confined as a condition of the placement order.
AB137-ASA1,3,12
10(4) Disposition. (a) If the defendant satisfies the conditions of the order and
11any applicable suspended prosecution agreement, the court shall do all of the
12following:
AB137-ASA1,3,1313
1. Discharge the defendant.
AB137-ASA1,3,1514
2. Dismiss the charges against the defendant if a judgment of conviction was
15not previously entered.
AB137-ASA1,3,1716
3. Expunge the court record if the court authorized expungement under sub.
17(2) (c).
AB137-ASA1,3,2318
(b) 1. If the defendant is alleged to have violated the conditions of the order or
19any applicable suspended prosecution agreement, the court may hold a hearing
20regarding the allegations. The court shall notify the defendant at least 7 days before
21holding any hearing and may extend the period of supervision for up to 45 days to
22accommodate the hearing. Failure of the defendant to appear at the hearing tolls the
23running of the period of supervision.
AB137-ASA1,4,3
12. At the hearing, the defendant has the right to counsel, the right to remain
2silent, the right to present and cross-examine witnesses, and the right to have the
3hearing recorded by a court reporter.
AB137-ASA1,4,64
3. If the court finds that the violation occurred, it may enter a judgment of
5conviction if it was not previously entered, impose a sentence, revise the conditions
6or the length of the order, or allow the order to continue.
AB137-ASA1,4,10
7(5) Other modifications to order. At any time before an order entered under
8sub. (2) expires, the court may modify the conditions of the order or shorten its length.
9Upon request of the defendant or district attorney, the court shall hold a hearing
10regarding a determination under this subsection.
AB137-ASA1,4,2012
974.06
(1) After the time for appeal or postconviction remedy provided in s.
13974.02 has expired, a prisoner in custody under sentence of a court or a person
14convicted and placed with a volunteers in probation program under s. 973.11
or a
15community court program under s. 973.115 claiming the right to be released upon
16the ground that the sentence was imposed in violation of the U.S. constitution or the
17constitution or laws of this state, that the court was without jurisdiction to impose
18such sentence, or that the sentence was in excess of the maximum authorized by law
19or is otherwise subject to collateral attack, may move the court which imposed the
20sentence to vacate, set aside or correct the sentence.
AB137-ASA1,4,2322
(1) This act first applies to persons charged with misdemeanors on the effective
23date of this subsection.
