AB100: Bill Text

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.

AB100, s. 5437 Section 5437. 973.013 (2) of the statutes is amended to read:

AB100,2009,3 973.013 (2) Upon the recommendation of the department, the governor may, without the procedure required by ch. 304, discharge absolutely, or upon such conditions and restrictions and under such limitation as the governor thinks proper, any inmate committed to the Wisconsin state prisons after he or she has served the minimum term of punishment prescribed by law for the offense for which he or she was sentenced, except that if the term was life imprisonment, 5 years must elapse after release on parole or community supervision before such a recommendation can be made to the governor. The discharge has the effect of an absolute or conditional pardon, respectively.

AB100, s. 5438 Section 5438. 973.0135 (2) (intro.) of the statutes is amended to read:

AB100,2009,8 973.0135 (2) (intro.) Except as provided in sub. (3), when a court sentences a prior offender to imprisonment in a state prison for a serious felony committed on or after April 21, 1994, but before July 1, 1998, the court shall make a parole eligibility determination regarding the person and choose one of the following options:

AB100, s. 5439 Section 5439. 973.014 (title) of the statutes is amended to read:

AB100,2009,11 973.014 (title) Sentence of life imprisonment; parole eligibility determination; community supervision eligibility determination.

AB100, s. 5440 Section 5440. 973.014 (1) (intro.) of the statutes is amended to read:

AB100,2009,16 973.014 (1) (intro.) Except as provided in sub. (2), when a court sentences a person to life imprisonment for a crime committed on or after July 1, 1988, but before July 1, 1998, the court shall make a parole eligibility determination regarding the person and choose one of the following options:

AB100, s. 5441 Section 5441. 973.014 (1) (c) of the statutes is amended to read:

AB100,2009,20 973.014 (1) (c) The person is not eligible for parole. This paragraph applies only if the court sentences a person for a crime committed on or after August 31, 1995, but before July 1, 1998.

AB100, s. 5442 Section 5442. 973.014 (1g) of the statutes is created to read:

AB100,2009,25 973.014 (1g) (a) Except as provided in sub. (2), when a court sentences a person to life imprisonment for a crime committed on or after July 1, 1998, the court shall make a community supervision eligibility date determination regarding the person and choose one of the following options:

AB100,2010,2 1. The person is eligible for release to community supervision after serving 20 years.

AB100,2010,6 2. The person is eligible for release to community supervision on a date set by the court. Under this subdivision, the court may set any later date than that provided in subd. 1., but may not set a date that occurs before the earliest possible date under subd. 1.

AB100,2010,7 3. The person is not eligible for release to community supervision.

AB100,2010,10 (b) When sentencing a person to life imprisonment under par. (a), the court shall inform the person of the provisions of s. 302.114 (3) and the procedure for petitioning under s. 302.114 (5) for release to community supervision.

AB100,2010,12 (c) A person sentenced to life imprisonment under par. (a) is not eligible for release on parole.

AB100, s. 5443 Section 5443. 973.014 (2) of the statutes is amended to read:

AB100,2010,16 973.014 (2) When a court sentences a person to life imprisonment under s. 939.62 (2m), the court shall provide that the sentence is without the possibility of parole or community supervision.

AB100, s. 5444 Section 5444. 973.032 (5) of the statutes is amended to read:

AB100,2010,21 973.032 (5) (title) Parole or community supervision restrictions. A person sentenced under sub. (1) is eligible for parole, except as provided in ss. 302.11, 304.02 and 304.06, or is eligible for release to community supervision, whichever is applicable.

AB100, s. 5445 Section 5445. 973.046 (1) (intro.) of the statutes is amended to read:

AB100,2010,25 973.046 (1) (intro.) Beginning on August 12, 1993, if If a court imposes a sentence or places a person on probation under any of the following circumstances, the court shall impose a deoxyribonucleic acid analysis surcharge of $250:

AB100, s. 5446 Section 5446. 973.046 (1) (a) of the statutes is amended to read:

AB100,2011,2 973.046 (1) (a) The person violated s. 940.225, 943.10 or 948.02 (1) or (2).

AB100, s. 5447 Section 5447. 973.05 (1) of the statutes is amended to read:

AB100,2012,2 973.05 (1) When a defendant is sentenced to pay a fine, the court may grant permission for the payment of the fine, of the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1), the crime victim and witness assistance surcharge under s. 973.045, the crime laboratories assessment imposed by s. 165.755, any applicable deoxyribonucleic acid analysis surcharge under s. 973.046, any applicable drug abuse program improvement surcharge imposed by s. 961.41 (5), any applicable domestic abuse assessment imposed by s. 971.37 (1m) (c) 1. or 973.055, any applicable driver improvement surcharge imposed by s. 346.655, any applicable enforcement assessment imposed by s. 253.06 (4) (c), any applicable weapons assessment imposed by s. 167.31, any applicable uninsured employer assessment imposed by s. 102.85 (4), any applicable environmental assessment imposed by s. 299.93, any applicable wild animal protection assessment imposed by s. 29.9965, any applicable natural resources assessment imposed by s. 29.997 and any applicable natural resources restitution payment imposed by s. 29.998 to be made within a period not to exceed 120 days. If no such permission is embodied in the sentence, the fine, the penalty assessment, the jail assessment, the crime victim and witness assistance surcharge, the crime laboratories assessment, any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse program improvement surcharge, any applicable domestic abuse assessment, any applicable driver improvement surcharge, any applicable weapons assessment, any applicable uninsured employer assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment and any applicable natural resources restitution payment shall be payable immediately.

AB100, s. 5448 Section 5448. 973.05 (2) of the statutes is amended to read:

AB100,2013,8 973.05 (2) When a defendant is sentenced to pay a fine and is also placed on probation, the court may make the payment of the fine, the penalty assessment, the jail assessment, the crime victim and witness assistance surcharge, the crime laboratories assessment, any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse program improvement surcharge, any applicable domestic abuse assessment, any applicable uninsured employer assessment, any applicable driver improvement surcharge, any applicable enforcement assessment under s. 253.06 (4) (c), any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment and any applicable natural resources restitution payments a condition of probation. When the payments are made a condition of probation by the court, payments thereon shall be applied first to payment of the penalty assessment until paid in full, shall then be applied to the payment of the jail assessment until paid in full, shall then be applied to the payment of part A of the crime victim and witness assistance surcharge until paid in full, shall then be applied to part B of the crime victim and witness assistance surcharge until paid in full, shall then be applied to the crime laboratories assessment until paid in full, shall then be applied to the deoxyribonucleic acid analysis surcharge until paid in full, shall then be applied to the drug abuse improvement surcharge until paid in full, shall then be applied to payment of the driver improvement surcharge until paid in full, shall then be applied to payment of the domestic abuse assessment until paid in full, shall then be applied to payment of the natural resources assessment if applicable until paid in full, shall then be applied to payment of the natural resources restitution payment until paid in full, shall then be applied to the payment of the environmental assessment if applicable until paid in full, shall then be applied to the payment of the wild animal protection assessment if applicable until paid in full, shall then be applied to payment of the weapons assessment until paid in full, shall then be applied to payment of the uninsured employer assessment until paid in full, shall then be applied to payment of the enforcement assessment under s. 253.06 (4) (c), if applicable, until paid in full and shall then be applied to payment of the fine.