LRBs0257/1
RLR:lmk:rs
2005 - 2006 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2005 ASSEMBLY BILL 666
October 17, 2005 - Offered by Representative Honadel.
AB666-ASA1,1,2
1An Act to amend 973.09 (7m) (a); and
to create 973.09 (4) (d) of the statutes;
2relating to: reduction in a jail term for good behavior or community service.
Under current law, a person who is convicted of a crime may be placed on
probation as an alternative to sentencing (unless the person is convicted of a crime
punishable by life imprisonment or certain crimes for which a mandatory minimum
penalty must be imposed). As a condition of probation, a person may be confined in
jail for up to one year. Also under current law, a person sentenced to serve time in
jail, as opposed to serving time in jail as a condition of probation, may earn a
reduction in the jail term for good behavior ("good time"). Court rulings in Prue v.
State, 63 Wis. 2d 109 (1974), and State v. Fearing, 239 Wis. 2d 105 (Ct. App. 2000),
provide that a person serving time in jail as a condition of probation is not eligible
to earn statutory good time (except for a person on probation for a crime for which
there is a mandatory or presumptive minimum penalty). A court may, however,
specifically order that a person serving time in jail as a condition of probation be
eligible to receive good time. Finally, a person serving time in jail as a condition of
probation is eligible to earn a reduction in the jail term for performing court ordered
community service.
This substitute amendment codifies the rulings in Prue and Fearing that a
person serving time in jail as a condition of probation is not eligible to earn statutory
good time. The substitute amendment further provides that a court may not order
that a person placed on probation for a sex offense and ordered to serve time in jail
as a condition of probation be eligible to earn good time. Finally, the substitute
amendment provides that a person placed on probation for a sex offense and ordered
to serve time in jail as a condition of probation may not earn a reduction in the jail
term for performing community service. A sex offense is an offense for which a person
may be included on the Department of Corrections sex offender registry. The
applicable offenses are: first-, second-, or third-degree sexual assault; sexual
assault of a child; sexual exploitation by a therapist; incest; sexual exploitation of a
child; causing a child to view or listen to sexual activity; incest with a child; child
enticement; using a computer to facilitate a child sex crime; soliciting a child for
prostitution; sexual assault of a student by school instructional staff; exposing a child
to harmful material; possession of child pornography; child sex offender working
with children; abduction of another's child; false imprisonment or kidnapping, if the
victim is a minor and the offender is not the victim's parent; or solicitation,
conspiracy, or attempt to commit any of the above listed offenses.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB666-ASA1,2,72
973.09
(4) (d) Except as provided under sub. (1) (d), a person confined as a
3condition of probation under this subsection is not eligible to earn good time credit
4under s. 302.43. A court may not order that a person placed on probation for a sex
5offense, as defined in s. 301.45 (1d) (b), and confined as a condition of probation under
6this subsection be eligible for a reduction in the period of confinement for good
7behavior.
AB666-ASA1, s. 2
8Section
2. 973.09 (7m) (a) of the statutes is amended to read:
AB666-ASA1,3,79
973.09
(7m) (a) Except as provided in s. 943.017 (3), the court may require as
10a condition of probation that the probationer perform community service work for a
11public agency or a nonprofit charitable organization. The number of hours of work
12required may not exceed what would be reasonable considering the seriousness of the
13offense and any other offense which is read into the record at the time of conviction.
14An order may only apply if agreed to by the probationer and the organization or
15agency. The court shall ensure that the probationer is provided a written statement
1of the terms of the community service order and that the community service order
2is monitored. If the court requires the conditions provided in this subsection and sub.
3(4), the probationer reduces the period of confinement under sub. (4) at a rate of one
4day for each 3 days of work performed
, except that a person placed on probation for
5a sex offense, as defined in s. 301.45 (1d) (b), is not eligible for a reduction in the
6period of confinement for work performed. A day of work equals 8 hours of work
7performed.
