AB100: Bill Text

AB100, s. 5418 Section 5418. 961.43 (2) of the statutes is amended to read:

AB100,1994,24 961.43 (2) Any person who violates this section may be fined not more than $30,000 or imprisoned not more than 4 6 years or both.

AB100, s. 5419 Section 5419. 961.455 (1) of the statutes is amended to read:

AB100,1995,4 961.455 (1) Any person who has attained the age of 17 years who knowingly solicits, hires, directs, employs or uses a person who is 17 years of age or under for the purpose of violating s. 961.41 (1) may be fined not more than $50,000 or imprisoned for not more than 10 15 years or both.

AB100, s. 5420 Section 5420. 961.49 (2) (a) of the statutes is amended to read:

AB100,1995,20 961.49 (2) (a) Except as provided in par. (b), if any person violates s. 961.41 (1) by delivering or distributing, or violates s. 961.41 (1m) by possessing with intent to deliver or distribute, a controlled substance included in schedule I or II or a controlled substance analog of a controlled substance included in schedule I or II while in or on the premises of a scattered-site public housing project, while in or on or otherwise within 1,000 feet of a state, county, city, village or town park, a jail or correctional facility, a multiunit public housing project, a swimming pool open to members of the public, a youth center or a community center, while in or on or otherwise within 1,000 feet of any private or public school premises or while in or on or otherwise within 1,000 feet of a school bus, as defined in s. 340.01 (56), the court shall sentence the person to at least 3 years in prison, but otherwise the penalties for the crime apply. Except as provided in s. 961.438, the court shall not place the person on probation. The Except as provided in s. 973.01 (6), the person is not eligible for parole until he or she has served at least 3 years, with no modification by the calculation under s. 302.11 (1).

AB100, s. 5421 Section 5421. 961.49 (2) (b) of the statutes is amended to read:

AB100,1996,4 961.49 (2) (b) If the conduct described in par. (a) involves only the delivery or distribution, or the possession with intent to deliver or distribute, of not more than 25 grams of tetrahydrocannabinols, included in s. 961.14 (4) (t), or not more than 5 plants containing tetrahydrocannabinols, the court shall sentence the person to at least one year in prison, but otherwise the penalties for the crime apply. Except as provided in s. 961.438, the court shall not place the person on probation. The Except as provided in s. 973.01 (6), the person is not eligible for parole until he or she has served at least one year, with no modification by the calculation under s. 302.11 (1).

AB100, s. 5422 Section 5422. 967.02 (2) of the statutes is amended to read:

AB100,1996,7 967.02 (2) "Department" means the department of corrections, except as provided in ss. 973.135 (1) (a) and s. 975.001.

AB100, s. 5423 Section 5423. 969.01 (4) of the statutes is amended to read:

AB100,1997,2 969.01 (4) Considerations in setting conditions of release. If bail is imposed, it shall be only in the amount found necessary to assure the appearance of the defendant. Conditions of release, other than monetary conditions, may be imposed for the purpose of protecting members of the community from serious bodily harm or preventing intimidation of witnesses. Proper considerations in determining whether to release the defendant without bail, fixing a reasonable amount of bail or imposing other reasonable conditions of release are: the ability of the arrested person to give bail, the nature, number and gravity of the offenses and the potential penalty the defendant faces, whether the alleged acts were violent in nature, the defendant's prior record of criminal convictions and delinquency adjudications, if any, the character, health, residence and reputation of the defendant, the character and strength of the evidence which has been presented to the judge, whether the defendant is currently on probation, community supervision or parole, whether the defendant is already on bail or subject to other release conditions in other pending cases, whether the defendant has been bound over for trial after a preliminary examination, whether the defendant has in the past forfeited bail or violated a condition of release or was a fugitive from justice at the time of arrest, and the policy against unnecessary detention of the defendant's pending trial.

AB100, s. 5424 Section 5424. 971.11 (1) of the statutes is amended to read:

AB100,1997,13 971.11 (1) Whenever the warden or superintendent receives notice of an untried criminal case pending in this state against an inmate of a state prison, the warden or superintendent shall, at the request of the inmate, send by certified mail a written request to the district attorney for prompt disposition of the case. The request shall state the sentence then being served, the date of parole eligibility, if applicable, or the date of release to community supervision, the approximate discharge or conditional release date, and prior decision relating to parole. If there has been no preliminary examination on the pending case, the request shall state whether the inmate waives such examination, and, if so, shall be accompanied by a written waiver signed by the inmate.

AB100, s. 5425 Section 5425. 971.14 (3) (dm) (intro.) of the statutes is amended to read:

AB100,1997,22 971.14 (3) (dm) (intro.) If sufficient information is available to the examiner to reach an opinion, the examiner's opinion on whether the defendant needs medication or treatment and whether the defendant is not competent to refuse medication or treatment. The defendant is not competent to refuse medication or treatment if, because of mental illness, developmental disability, alcoholism or drug dependence, and after the advantages and disadvantages of and alternatives to accepting the particular medication or treatment have been explained to the defendant, one of the following is true:

AB100, s. 5426 Section 5426. 971.14 (4) (b) of the statutes is amended to read:

AB100,1998,21 971.14 (4) (b) If the district attorney, the defendant and defense counsel waive their respective opportunities to present other evidence on the issue, the court shall promptly determine the defendant's competency and, if at issue, competency to refuse medication or treatment for the defendant's mental condition on the basis of the report filed under sub. (3) or (5). In the absence of these waivers, the court shall hold an evidentiary hearing on the issue. Upon a showing by the proponent of good cause under s. 807.13 (2) (c), testimony may be received into the record of the hearing by telephone or live audio-visual means. At the commencement of the hearing, the judge shall ask the defendant whether he or she claims to be competent or incompetent. If the defendant stands mute or claims to be incompetent, the defendant shall be found incompetent unless the state proves by the greater weight of the credible evidence that the defendant is competent. If the defendant claims to be competent, the defendant shall be found competent unless the state proves by evidence that is clear and convincing that the defendant is incompetent. If the defendant is found incompetent and if the state proves by evidence that is clear and convincing that the defendant is not competent to refuse medication or treatment, under the standard specified in sub. (3) (dm), the court shall make a determination without a jury and issue an order that the defendant is not competent to refuse medication or treatment for the defendant's mental condition and that whoever administers the medication or treatment to the defendant shall observe appropriate medical standards medication or treatment for the defendant's mental condition may be administered to the defendant regardless of his or her consent under the conditions specified in s. 51.61 (1) (g) 3r.

AB100, s. 5427 Section 5427. 971.14 (5) (am) of the statutes is amended to read:

AB100,1999,20 971.14 (5) (am) If the defendant is not subject to a court order determining the defendant to be not competent to refuse medication or treatment for the defendant's mental condition and if the treatment facility determines that the defendant should be subject to such a court order, the treatment facility may file with the court with notice to the counsel for the defendant, the defendant and the district attorney, a motion for a hearing, under the standard specified in sub. (3) (dm), on whether the defendant is not competent to refuse medication or treatment. A report on which the motion is based shall accompany the motion and notice of motion and shall include a statement signed by a licensed physician that asserts that the defendant needs medication or treatment and that the defendant is not competent to refuse medication or treatment, based on an examination of the defendant by a licensed physician. Within 10 days after a motion is filed under this paragraph, the court shall, under the procedures and standards specified in sub. (4) (b), determine the defendant's competency to refuse medication or treatment for the defendant's mental condition. At the request of the defendant, the defendant's counsel or the district attorney, the hearing may be postponed, but in no case may the postponed hearing be held more than 20 days after a motion is filed under this paragraph. If the court determines at a hearing under this paragraph that the defendant is not competent to refuse medication or treatment, the court shall issue an order that the defendant is not competent to refuse medication or treatment for the defendant's mental condition and that medication or treatment for the defendant's mental condition may be administered to the defendant regardless of his or her consent under the conditions specified in s. 51.61 (1) (g) 3r.

AB100, s. 5428 Section 5428. 971.16 (3) of the statutes is amended to read:

AB100,2000,12 971.16 (3) Not less than 10 days before trial, or at any other time that the court directs, any physician or psychologist appointed under sub. (2) shall file a report of his or her examination of the defendant with the judge, who shall cause copies to be transmitted to the district attorney and to counsel for the defendant. The contents of the report shall be confidential until the physician or psychologist has testified or at the completion of the trial. The report shall contain an opinion regarding the ability of the defendant to appreciate the wrongfulness of the defendant's conduct or to conform the defendant's conduct with the requirements of law at the time of the commission of the criminal offense charged and, if sufficient information is available to the physician or psychologist to reach an opinion, his or her opinion on whether the defendant needs medication or treatment and whether the defendant is not competent to refuse medication or treatment. The defendant is not competent to refuse medication or treatment if, because of mental illness, developmental disability, alcoholism or drug dependence, and after the advantages and disadvantages of and alternatives to accepting the particular medication or treatment have been explained to the defendant, one of the following is true:

AB100, s. 5429 Section 5429. 971.16 (5) of the statutes is amended to read:

AB100,2001,6 971.16 (5) If a physician, psychologist or other expert who has examined the defendant testifies concerning the defendant's mental condition, he or she shall be permitted to make a statement as to the nature of his or her examination, his or her diagnosis of the mental condition of the defendant at the time of the commission of the offense charged, his or her opinion as to the ability of the defendant to appreciate the wrongfulness of the defendant's conduct or to conform to the requirements of law and, if sufficient information is available to the physician, psychologist or expert to reach an opinion, his or her opinion on whether the defendant needs medication or treatment and whether the defendant is not competent to refuse medication or treatment for the defendant's mental condition. Testimony concerning the defendant's need for medication or treatment and competence to refuse medication or treatment may not be presented before the jury that is determining the ability of the defendant to appreciate the wrongfulness of his or her conduct or to conform his or her conduct with the requirements of law at the time of the commission of the criminal offense charged. The physician, psychologist or other expert shall be permitted to make an explanation reasonably serving to clarify his or her diagnosis and opinion and may be cross-examined as to any matter bearing on his or her competency or credibility or the validity of his or her diagnosis or opinion.

AB100, s. 5430 Section 5430. 971.17 (3) (b) of the statutes is amended to read:

AB100,2001,16 971.17 (3) (b) If the state proves by clear and convincing evidence that the person is not competent to refuse medication or treatment for the person's mental condition, under the standard specified in s. 971.16 (3), the court shall issue, as part of the commitment order, an order that the person is not competent to refuse medication or treatment for the person's mental condition and that whoever administers the medication or treatment to the person shall observe appropriate medical standards medication or treatment for the person's mental condition may be administered to the person regardless of his or her consent under the conditions specified in s. 51.61 (1) (g) 3r.

AB100, s. 5431 Section 5431. 971.17 (3) (c) of the statutes is amended to read:

AB100,2002,23 971.17 (3) (c) If the court order specifies institutional care, the department of health and family services shall place the person in an institution under s. 51.37 (3) that the department considers appropriate in light of the rehabilitative services required by the person and the protection of public safety. If the person is not subject to a court order determining the person to be not competent to refuse medication or treatment for the person's mental condition and if the institution in which the person is placed determines that the person should be subject to such a court order, the institution may file with the court, with notice to the person and his or her counsel and the district attorney, a motion for a hearing, under the standard specified in s. 971.16 (3), on whether the person is not competent to refuse medication or treatment. A report on which the motion is based shall accompany the motion and notice of motion and shall include a statement signed by a licensed physician that asserts that the person needs medication or treatment and that the person is not competent to refuse medication or treatment, based on an examination of the person by a licensed physician. Within 10 days after a motion is filed under this paragraph, the court shall determine the person's competency to refuse medication or treatment for the person's mental condition. At the request of the person, his or her counsel or the district attorney, the hearing may be postponed, but in no case may the postponed hearing be held more than 20 days after a motion is filed under this paragraph. If the district attorney, the person and his or her counsel waive their respective opportunities to present other evidence on the issue, the court shall determine the person's competency to refuse medication or treatment on the basis of the report accompanying the motion. In the absence of these waivers, the court shall hold an evidentiary hearing on the issue. If the state proves by evidence that is clear and convincing that the person is not competent to refuse medication or treatment, under the standard specified in s. 971.16 (3), the court shall order that the person is not competent to refuse medication or treatment for the person's mental condition and that whoever administers the medication or treatment to the person shall observe appropriate medical standards medication or treatment for the person's mental condition may be administered to the person regardless of his or her consent under the conditions specified in s. 51.61 (1) (g) 3r.

AB100, s. 5432 Section 5432. 971.17 (6m) (d) of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

AB100,2003,12 971.17 (6m) (d) The department of health and family services shall design and prepare cards for persons specified in par. (b) 1. to send to the department. The cards shall have space for these persons to provide their names and addresses, the name of the applicable defendant and any other information the department determines is necessary. The department shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in par. (b) 1. These persons may send completed cards to the department. All departmental records or portions of records that relate to mailing addresses of these persons are not subject to inspection or copying under s. 19.35 (1), except as needed to comply with a request under sub. (4m) (d) or s. 301.46 (3) (d) and except that the department shall provide information from records kept under this paragraph in response to a request for information made under s. 49.22 (2m).

AB100, s. 5433 Section 5433. 972.13 (6) of the statutes is amended to read:

AB100,2003,14 972.13 (6) The following forms may be used for judgments:

AB100,2003,15 STATE OF WISCONSIN

AB100,2003,16 .... County

AB100,2003,17 In.... Court

AB100,2003,18 The State of Wisconsin

AB100,2003,19 vs.

AB100,2003,20 ....(Name of defendant)

AB100,2003,21 UPON ALL THE FILES, RECORDS AND PROCEEDINGS,

AB100,2004,2 IT IS ADJUDGED That the defendant has been convicted upon the defendant's plea of guilty (not guilty and a verdict of guilty) (not guilty and a finding of guilty) (no contest) on the.... day of...., 19.., of the crime of.... in violation of s.....; and the court having asked the defendant whether the defendant has anything to state why sentence should not be pronounced, and no sufficient grounds to the contrary being shown or appearing to the court.

AB100,2004,3 *IT IS ADJUDGED That the defendant is guilty as convicted.

AB100,2004,5 *IT IS ADJUDGED That the defendant is hereby committed to the Wisconsin state prisons (county jail of.... county) for an indeterminate term of not more than.....

AB100,2004,8 *IT IS ADJUDGED That the defendant is ordered to serve a bifurcated sentence consisting of .... year(s) of confinement in prison and .... months/years of community supervision.

AB100,2004,11 *IT IS ADJUDGED That the defendant is placed in the intensive sanctions program subject to the limitations of section 973.032 (3) of the Wisconsin Statutes and the following conditions:....

AB100,2004,14 *IT IS ADJUDGED That the defendant is hereby committed to detention in (the defendant's place of residence or place designated by judge) for a term of not more than....

AB100,2004,16 *IT IS ADJUDGED That the defendant is ordered to pay a fine of $.... (and the costs of this action).

AB100,2004,17 *IT IS ADJUDGED That the defendant pay restitution to....

AB100,2004,19 *IT IS ADJUDGED That the defendant is restricted in his or her use of computers as follows:....

AB100,2004,21 *The.... at.... is designated as the Reception Center to which the defendant shall be delivered by the sheriff.

AB100,2004,23 *IT IS ORDERED That the clerk deliver a duplicate original of this judgment to the sheriff who shall forthwith execute the same and deliver it to the warden.

AB100,2004,24 Dated this.... day of...., 19...

AB100,2004,25 BY THE COURT....

AB100,2005,1 Date of Offense....,

AB100,2005,2 District Attorney....,

AB100,2005,3 Defense Attorney....

AB100,2005,4 *Strike inapplicable paragraphs.

AB100,2005,5 STATE OF WISCONSIN

AB100,2005,6 .... County

AB100,2005,7 In.... Court

AB100,2005,8 The State of Wisconsin

AB100,2005,9 vs.

AB100,2005,10 ....(Name of defendant)

AB100,2005,12 On the.... day of...., 19.., the district attorney appeared for the state and the defendant appeared in person and by.... the defendant's attorney.

AB100,2005,13 UPON ALL THE FILES, RECORDS AND PROCEEDINGS

AB100,2005,15 IT IS ADJUDGED That the defendant has been found not guilty by the verdict of the jury (by the court) and is therefore ordered discharged forthwith.

AB100,2005,16 Dated this.... day of...., 19...

AB100,2005,17 BY THE COURT....

AB100, s. 5434 Section 5434. 972.15 (5) (intro.) of the statutes is amended to read:

AB100,2006,2 972.15 (5) (intro.) The department may use the presentence investigation report for correctional programming, parole consideration or care and treatment of any person sentenced to imprisonment or the intensive sanctions program, placed on probation, released on parole or community supervision or committed to the department under ch. 51 or 971 or any other person in the custody of the department or for research purposes. The department may make the report available to other agencies or persons to use for purposes related to correctional programming, parole consideration, care and treatment, or research. Any use of the report under this subsection is subject to the following conditions:

AB100, s. 5435 Section 5435. 973.01 of the statutes is created to read:

AB100,2006,9 973.01 Bifurcated sentence of imprisonment and community supervision. (1) Bifurcated sentence required. Except as provided in sub. (3), whenever a court sentences a person to imprisonment in the Wisconsin state prisons for a felony committed on or after July 1, 1998, the court shall impose a bifurcated sentence that consists of a term of confinement in prison followed by a term of community supervision under s. 302.113.

AB100,2006,11 (2) Structure of bifurcated sentences. The court shall ensure that a bifurcated sentence imposed under sub. (1) complies with all of the following:

AB100,2006,14 (a) Total length of bifurcated sentence. Except as provided in par. (c), the total length of the bifurcated sentence may not exceed the maximum period of imprisonment for the felony.

AB100,2006,18 (b) Imprisonment portion of bifurcated sentence. The portion of the bifurcated sentence that imposes a term of confinement in prison may not be less than one year, subject to any minimum sentence prescribed for the felony, and, except as provided in par. (c), may not exceed whichever of the following is applicable:

AB100,2006,20 1. For a Class B felony, the term of confinement in prison may not exceed 40 years.

AB100,2006,22 2. For a Class BC felony, the term of confinement in prison may not exceed 20 years.

AB100,2006,24 3. For a Class C felony, the term of confinement in prison may not exceed 10 years.

AB100,2007,2 4. For a Class D felony, the term of confinement in prison may not exceed 5 years.

AB100,2007,4 5. For a Class E felony, the term of confinement in prison may not exceed 2 years.

AB100,2007,7 6. For any felony other than a felony specified in subds. 1. to 5., the term of confinement in prison may not exceed 75% of the total length of the bifurcated sentence.

AB100,2007,12 (c) Penalty enhancement. The maximum term of confinement in prison specified in par. (b) may be increased by any applicable penalty enhancement. If the maximum term of confinement in prison specified in par. (b) is increased under this paragraph, the total length of the bifurcated sentence that may be imposed is increased by the same amount.

AB100,2007,15 (d) Minimum term of community supervision. The term of community supervision that follows the term of confinement in prison may not be less than 25% of the length of the term of confinement in prison imposed under par. (b).

AB100,2007,18 (3) Not applicable to life sentences. If a person is being sentenced for a felony that is punishable by life imprisonment, he or she is not subject to this section but shall be sentenced under s. 973.014 (1g).

AB100,2007,24 (4) No good time; extension of term of imprisonment. A person sentenced to a bifurcated sentence under sub. (1) shall serve the term of confinement in prison portion of the sentence without reduction for good behavior. The term of confinement in prison portion is subject to extension under s. 302.113 (3). When the court imposes a bifurcated sentence under sub. (1), the court shall inform the person of the requirements of this subsection and s. 302.113 (3).

AB100,2008,3 (5) Community supervision conditions. Whenever the court imposes a bifurcated sentence under sub. (1), the court may impose conditions upon the term of community supervision.

AB100,2008,5 (6) No parole. A person serving a bifurcated sentence imposed under sub. (1) is not eligible for release on parole.

AB100,2008,9 (7) No discharge. The department of corrections may not discharge a person who is serving a bifurcated sentence from custody, control and supervision until the person has served the entire bifurcated sentence, including any periods of extension imposed under s. 302.113 (3).

AB100, s. 5436 Section 5436. 973.013 (1) (b) of the statutes is amended to read:

AB100,2008,18 973.013 (1) (b) The Except as provided in s. 973.01, the sentence shall have the effect of a sentence at hard labor for the maximum term fixed by the court, subject to the power of actual release from confinement by parole by the department or by pardon as provided by law. If a person is sentenced for a definite time for an offense for which the person may be sentenced under this section, the person is in legal effect sentenced as required by this section, said definite time being the maximum period. A defendant convicted of a crime for which the minimum penalty is life shall be sentenced for life.