AP8 AB1: Bill Text

2. The court must set the term of confinement in prison portion of the sentence to be at least one year but not more than 40 years for a Class B felony, 20 years for a Class BC felony, 10 years for a Class C felony, 5 years for a Class D felony or 2 years for a Class E felony. If the person is being sentenced for a felony that is not in one of these classes, the term of confinement in prison portion of the sentence must be at least one year but not more than 75% of the total length of the bifurcated sentence.

3. The term of extended supervision must equal at least 25% of the length of the term of confinement in prison.

Thus, for example, if a person is convicted of a Class B felony and a judge sentenced the person to the maximum allowable 40-year term of confinement in prison, the term of extended supervision would have to be at least 10 years but could not be more than 20 years.

After the person completes the term of confinement in prison portion of the sentence, he or she serves the term of extended supervision during which he or she is subject to conditions set by both the court and the department of corrections (DOC) and is subject to supervision by DOC. If a person violates a condition of extended supervision, extended supervision may be revoked and the person may be returned to serve a period of time in prison.

Under current law, a person serving a life sentence usually must serve 20 years minus time calculated under the mandatory release formula before he or she is eligible for release on parole. If the person does not receive extensions due to violations of prison rules, he or she reaches parole eligibility after serving 13 years and 4 months. However, a judge may set a parole eligibility date for a person serving a life sentence that is later than the usual parole eligibility date or may provide that the person is not eligible for parole. Also, if a person has 2 convictions for any of certain serious felonies and is then convicted a 3rd time for another serious felony, he or she must be sentenced to life without parole (the so-called "3 strikes, you're out" law). No person serving a life sentence is entitled to mandatory release.

This bill provides that a person sentenced to life imprisonment for a crime committed on or after July 1, 1999, is not eligible for parole. Instead, the bill requires a judge who is sentencing a person to life imprisonment to do one of the following: 1) provide that the person is eligible for extended supervision after serving 20 years; 2) set a date on which the person becomes eligible for extended supervision, as long as that date requires the person to serve at least 20 years; or 3) provide that the person is not eligible for extended supervision. If the court provides that the person is eligible for extended supervision, the person may petition the sentencing court for release to extended supervision on or after the extended supervision eligibility date. A person sentenced to life imprisonment who is released to extended supervision is on extended supervision for the remainder of his or her life and, like a person on extended supervision under a bifurcated sentence (see above), may have his or her extended supervision revoked and be returned to prison if he or she violates a condition of extended supervision. The bill does not affect persons sentenced to life imprisonment without the possibility of release under the "3 strikes, you're out" law.

Criminal code study committee

This bill creates a committee called the criminal code study committee that consists of all of the following members: 2 judges appointed by the supreme court; the majority leader in each house, or his or her designee; the minority leader in each house, or his or her designee; one faculty member from the law school of the University of Wisconsin-Madison appointed by the governor; one faculty member from the law school of Marquette University appointed by the governor; the attorney general or his or her designee; one current district attorney appointed by the attorney general; the state public defender or his or her designee; one representative of crime victims appointed by the attorney general; one attorney in private practice engaged primarily in the practice of criminal defense, appointed by the governor; one representative of law enforcement agencies appointed by the governor; 3 public members appointed by the governor; and the secretary of corrections or his or her designee.

Under the bill, the committee is required to study the classification of criminal offenses in the criminal code, the penalties for all felonies and issues relating to the implementation of the changes made in this bill relating to the structure of sentences for felony offenses. The committee must also make recommendations concerning all of the following: 1) creating a sentencing commission to promulgate sentencing guidelines for use by judges when imposing sentence under the new felony sentencing structure created in this bill; 2) changing the administrative rules of the department of corrections to ensure that a person is returned to prison promptly and for an appropriate period of time if he or she violates a condition of extended supervision; and 3) creating a uniform classification system for all felonies, including felonies outside of the criminal code, classifying every felony in a manner that places crimes of similar severity into the same classification and consolidating all felonies into a single criminal code.

Finally, the bill requires the committee to submit a report of its findings and recommendations to the legislature and to the governor no later than March 1, 1999. The committee's report must include any proposed legislation that is necessary to implement the recommendations made by the committee in its report.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB1, s. 1 Section 1. 11.61 (1) (a) of the statutes is amended to read:

AB1,8,4 11.61 (1) (a) Whoever intentionally violates s. 11.05 (1), (2), (2g) or (2r), 11.07 (1) or (5), 11.10 (1), 11.12 (5), 11.23 (6) or 11.24 (1) may be fined not more than $10,000 or imprisoned for not more than 3 4 years and 6 months or both.

AB1, s. 2 Section 2. 11.61 (1) (b) of the statutes is amended to read:

AB1,8,10 11.61 (1) (b) Whoever intentionally violates s. 11.25, 11.26, 11.27 (1), 11.30 (1) or 11.38 where the intentional violation does not involve a specific figure, or where the intentional violation concerns a figure which exceeds $100 in amount or value may be fined not more than $10,000 or imprisoned for not more than 3 4 years and 6 months or both.

AB1, s. 3 Section 3. 12.60 (1) (a) of the statutes is amended to read:

AB1,8,14 12.60 (1) (a) Whoever violates s. 12.09, 12.11 or 12.13 (1), (2) or (3) (a), (e), (f), (j), (k), (L), (m), (y) or (z) may be fined not more than $10,000 or imprisoned for not more than 3 4 years in the Wisconsin state prisons and 6 months or both.

AB1, s. 4 Section 4. 13.05 of the statutes is amended to read:

AB1,9,9 13.05 Logrolling prohibited. Any member of the legislature who gives, offers or promises to give his or her vote or influence in favor of or against any measure or proposition pending or proposed to be introduced, in the legislature in consideration or upon condition that any other person elected to the same legislature will give or will promise or agree to give his or her vote or influence in favor of or against any other measure or proposition pending or proposed to be introduced in such legislature, or who gives, offers or promises to give his or her vote or influence for or against any measure on condition that any other member will give his or her vote or influence in favor of any change in any other bill pending or proposed to be introduced in the legislature may be fined not less than $500 nor more than $1,000 or imprisoned for not less than one year nor more than 3 4 years and 6 months or both.

AB1, s. 5 Section 5. 13.06 of the statutes, as affected by 1997 Wisconsin Act 35, is amended to read:

AB1,9,22 13.06 Executive favor. Any member of the legislature who gives, offers or promises to give his or her vote or influence in favor of or against any measure or proposition pending or proposed to be introduced in the legislature, or that has already been passed by either house of the legislature, in consideration of or on condition that the governor approve, disapprove, veto or sign, or agree to approve, disapprove, veto or sign, any other measure or proposition pending or proposed to be introduced in the legislature or that has already been passed by the legislature, or either house thereof, or in consideration or upon condition that the governor nominate for appointment or appoint or remove any person to or from any office or position under the laws of this state, may be fined not less than $500 nor more than $1,000 or imprisoned for not less than one year nor more than 2 3 years or both.

AB1, s. 6 Section 6. 13.69 (6m) of the statutes, as affected by 1997 Wisconsin Act .... (Assembly Bill 57), is amended to read:

AB1,10,4 13.69 (6m) Any principal, lobbyist or other individual acting on behalf of a principal who files a statement under s. 13.63 (1), 13.64, 13.65, 13.67 or 13.68 which he or she does not believe to be true may be fined not more than $10,000 or imprisoned for not more than 5 7 years and 6 months or both.

AB1, s. 7 Section 7. 19.85 (1) (d) of the statutes is amended to read:

AB1,10,8 19.85 (1) (d) Except as provided by rule promulgated under s. 304.06 (1) (em), considering specific applications of probation, extended supervision or parole, or considering strategy for crime detection or prevention.

AB1, s. 8 Section 8. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB1, s. 9 Section 9. 20.410 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB1,10,19 20.410 (1) (b) Services for community corrections. The amounts in the schedule to provide services related to probation, extended supervision and parole, the intensive sanctions program under s. 301.048, the community residential confinement program under s. 301.046, programs of intensive supervision of adult offenders and minimum security correctional institutions established under s. 301.13. No payments may be made under this paragraph for payments in accordance with other states party to the interstate corrections compact under s. 302.25.

AB1, s. 10 Section 10. 20.410 (1) (bn) of the statutes is amended to read:

AB1,11,5 20.410 (1) (bn) (title) Reimbursing counties for probation, extended supervision and parole holds. The amounts in the schedule for payments to counties under s. 302.33 (2) (a) for costs relating to maintaining persons in custody pending the disposition of their parole, extended supervision or probation revocation proceedings.

AB1, s. 11 Section 11. 20.410 (1) (d) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB1,11,12 20.410 (1) (d) Purchased services for offenders. The amounts in the schedule for the purchase of goods, care and services, including community-based residential care, authorized under s. 301.08 (1) (b) 1., for inmates, probationers and, parolees and persons on extended supervision. In addition, funds from this appropriation shall be used to reimburse programs under s. 38.04 (12).

AB1, s. 12 Section 12. 20.410 (1) (g) of the statutes is amended to read:

AB1,11,18 20.410 (1) (g) (title) Loan fund for persons on probation, extended supervision or parole. The amounts in the schedule for the purposes specified in ss. 301.32 (3) and 304.075. All moneys received belonging to absconding probationers and, parolees, and persons on extended supervision under ss. 301.32 (3) and 304.075 shall be credited to this appropriation.

AB1, s. 13 Section 13. 20.410 (1) (gb) of the statutes is amended to read:

AB1,11,24 20.410 (1) (gb) Drug testing. All moneys received from probation, extended supervision and parole clients who are required to pay for their drug testing, as prescribed by rule in accordance with s. 301.03 (3), for expenditures related to the drug testing program for probationers and, parolees and persons on extended supervision under s. 301.03 (3).

AB1, s. 14 Section 14. 20.410 (1) (gc) of the statutes is amended to read:

AB1,12,5 20.410 (1) (gc) Sex offender honesty testing. All moneys received from probation, extended supervision and parole clients who are required to pay for polygraph examinations, as prescribed by rule in accordance with s. 301.132 (3), for expenditures related to the lie detector test program for probationers , extended supervision and parolees under s. 301.132.

AB1, s. 15 Section 15. 20.410 (1) (ge) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB1,12,13 20.410 (1) (ge) Administrative and minimum supervision. The amounts in the schedule for the supervision of probationers and, parolees and persons on extended supervision under minimum or administrative supervision and for the department's costs associated with contracts under s. 301.08 (1) (c) 2. All moneys received from vendors under s. 301.08 (1) (c) 4. and from fees charged under s. 304.073 (2) shall be credited to this appropriation account.

AB1, s. 16 Section 16. 20.410 (1) (gf) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB1,12,19 20.410 (1) (gf) (title) Probation and, parole and extended supervision. The amounts in the schedule for probation and, parole and extended supervision. All moneys received from fees charged under s. 304.074 (2) shall be credited to this appropriation account.

AB1, s. 17 Section 17. 20.505 (3) (c) of the statutes is created to read:

AB1,12,23 20.505 (3) (c) Criminal code study committee. Biennially, the amounts in the schedule for the operation of the criminal code study committee established under 1997 Wisconsin Act .... (this act), section 449 .

AB1, s. 18 Section 18. 23.33 (13) (cg) of the statutes is amended to read:

AB1,13,4 23.33 (13) (cg) Penalties related to causing death or injury; interference with signs and standards. A person who violates sub. (8) (f) 1. shall be fined not more than $10,000 or imprisoned for not more than 2 3 years or both if the violation causes the death or injury, as defined in s. 30.67 (3) (b), of another person.

AB1, s. 19 Section 19. 26.14 (8) of the statutes is amended to read:

AB1,13,8 26.14 (8) Any person who intentionally sets fire to the land of another or to a marsh shall be fined not more than $10,000 or imprisoned for not more than 5 7 years and 6 months or both.

AB1, s. 20 Section 20. 29.99 (1) (c) of the statutes is amended to read:

AB1,13,13 29.99 (1) (c) For having fish in his or her possession in violation of this chapter or rules promulgated under it and the value of the fish under par. (d) exceeds $1,000, by a fine of not more than $10,000 or imprisonment for not more than 2 3 years or both.

AB1, s. 21 Section 21. 29.99 (1m) (c) of the statutes is amended to read:

AB1,13,17 29.99 (1m) (c) For possessing clams in violation of s. 29.38 or rules adopted thereunder, if the value of the clams under par. (d) exceeds $1,000, by a fine of not more than $10,000 or imprisonment for not more than 2 3 years or both.

AB1, s. 22 Section 22. 29.99 (11m) (a) of the statutes, as affected by 1997 Wisconsin Act 1, is amended to read:

AB1,14,3 29.99 (11m) (a) For shooting, shooting at, killing, taking, catching or possessing a bear without a valid Class A bear license, or for possessing a bear which does not have a carcass tag attached or possessing a bear during the closed season, by a fine of not less than $1,000 nor more than $2,000 or by imprisonment for not more than 6 months or both for the first violation, or by a fine of not more than $5,000 or imprisonment for not more than one year 2 years or both for any subsequent violation, and, in addition, the court shall revoke all hunting approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting approval under this chapter to the person for 3 years.

AB1, s. 23 Section 23. 29.99 (11p) (a) of the statutes is amended to read:

AB1,14,7 29.99 (11p) (a) For entering the den of a hibernating black bear and harming the bear, by a fine of not more than $10,000 or imprisonment for not more than one year 2 years or both.

AB1, s. 24 Section 24. 30.80 (2g) (b) of the statutes is amended to read:

AB1,14,11 30.80 (2g) (b) Shall be fined not less than $300 nor more than $5,000 or imprisoned for not more than one year 2 years or both if the accident involved injury to a person but the person did not suffer great bodily harm.

AB1, s. 25 Section 25. 30.80 (2g) (c) of the statutes is amended to read:

AB1,14,15 30.80 (2g) (c) Shall be fined not more than $10,000 or imprisoned for not more than 2 3 years or both if the accident involved injury to a person and the person suffered great bodily harm.

AB1, s. 26 Section 26. 30.80 (2g) (d) of the statutes is amended to read:

AB1,14,18 30.80 (2g) (d) Shall be fined not more than $10,000 or imprisoned for not more than 5 7 years and 6 months or both if the accident involved death to a person.

AB1, s. 27 Section 27. 30.80 (3m) of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 285), is amended to read:

AB1,14,22 30.80 (3m) Any person violating s. 30.547 (1), (3) or (4) shall be fined not more than $5,000 or imprisoned for not more than 5 7 years and 6 months or both.

AB1, s. 28 Section 28. 36.25 (6) (d) of the statutes is amended to read:

AB1,15,7 36.25 (6) (d) Any officer, agent, clerk or employe of the survey or department of revenue who makes known to any person except the officers of the survey or department of revenue, in any manner, any information given to such person in the discharge of such person's duties under par. (c), which information was given to such person with the request that it not be made known, upon conviction thereof, shall be fined not less than $50 nor more than $500, or imprisoned in the county jail for not less than one month nor more than 6 months, or imprisoned in the Wisconsin state prisons for not more than 2 3 years. This paragraph shall not prevent the use for assessment purposes of any information obtained under this subsection.

AB1, s. 29 Section 29. 46.03 (7) (f) of the statutes is created to read:

AB1,15,13 46.03 (7) (f) As part of its biennial budget request under s. 16.42, submit a request for funding for child abuse prevention efforts in an amount equal to or greater than 1% of the total proposed budget of the department of corrections for the same biennium, as indicated by the estimate provided by the department of corrections under s. 301.03 (14).

AB1, s. 30 Section 30. 46.21 (1) (d) of the statutes, as affected by 1997 Wisconsin Acts 27 and .... (Senate Bill 384), is amended to read:

AB1,15,23 46.21 (1) (d) "Human services" means the total range of services to people, including mental illness treatment, developmental disabilities services, physical disabilities services, relief funded by a relief block grant under ch. 49, income maintenance, youth probation, extended supervision and parole services, alcohol and drug abuse services, services to children, youth and families, family counseling, early intervention services for children from birth to the age of 3 and manpower services. "Human services" does not include child welfare services under s. 48.48 (17) administered by the department in a county having a population of 500,000 or more.

AB1, s. 31 Section 31. 46.23 (2) (a) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 384), is amended to read:

AB1,16,6 46.23 (2) (a) "Human services" means the total range of services to people including, but not limited to, health care, mental illness treatment, developmental disabilities services, relief funded by a block grant under ch. 49, income maintenance, probation, extended supervision and parole services, alcohol and drug abuse services, services to children, youth and aging, family counseling, special education services and manpower services.

AB1, s. 32 Section 32. 46.48 (8) (d) 1. of the statutes is amended to read:

AB1,16,12 46.48 (8) (d) 1. The use of liaisons to meet with prospective program participants to provide information about the program and to assist program participants, prior to their release on extended supervision or parole, in planning for and obtaining the housing, employment, education and treatment that they will need upon release.

AB1, s. 33 Section 33. 47.03 (3) (d) of the statutes is amended to read:

AB1,16,15 47.03 (3) (d) Any person who violates this subsection shall be fined not more than $1,000 or imprisoned for not more than one year 2 years or both.

AB1, s. 34 Section 34. 48.78 (2) (d) 5. of the statutes is amended to read:

AB1,16,18 48.78 (2) (d) 5. On parole under s. 302.11 or ch. 304 or on extended supervision under s. 302.113 or 302.114.

AB1, s. 35 Section 35. 49.124 (6) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB1,16,24 49.124 (6) Ineligibility for fugitive felons. No person is eligible for the food stamp program in a month in which that person is a fugitive felon under 7 USC 2015 (k) (1) or is violating a condition of probation, extended supervision or parole imposed by a state or federal court.

AB1, s. 36 Section 36. 49.127 (8) (a) 2. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB1,17,5 49.127 (8) (a) 2. If the value of the food coupons exceeds $100, but is less than $5,000, a person who violates this section may be fined not more than $10,000 or imprisoned for not more than 5 7 years and 6 months or both.

AB1, s. 37 Section 37. 49.127 (8) (b) 2. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB1,17,10 49.127 (8) (b) 2. If the value of the food coupons exceeds $100, but is less than $5,000, a person who violates this section may be fined not more than $10,000 or imprisoned for not more than 5 7 years and 6 months or both.

AB1, s. 38 Section 38. 49.127 (8) (c) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB1,17,15 49.127 (8) (c) For any offense under this section, if the value of the food coupons is $5,000 or more, a person who violates this section may be fined not more than $250,000 or imprisoned for not more than 20 30 years or both.

AB1, s. 39 Section 39. 49.141 (7) (a) of the statutes is amended to read: