AB351: Bill Text

AB351,82,11 961.41 (3g) (a) 1. Except as provided in subd. 2., if the person possesses a controlled substance included in schedule I or II which is a narcotic drug, or possesses a controlled substance analog of a controlled substance included in schedule I or II which is a narcotic drug, the person may, upon a first conviction, be fined not more than $5,000 or imprisoned for not more than one year 2 or both, and for a 2nd or subsequent offense, the person may be fined not more than $10,000 or imprisoned for not more than 2 3 years or both.

AB351, s. 260 Section 260. 961.41 (3g) (a) 2. of the statutes is amended to read:

AB351,82,15 961.41 (3g) (a) 2. If the person possesses or attempts to possess heroin or a controlled substance analog of heroin, the person may be fined not more than $5,000 or imprisoned for not more than one year 2 years or both.

AB351, s. 261 Section 261. 961.41 (4) (am) 3. of the statutes is amended to read:

AB351,82,18 961.41 (4) (am) 3. A person convicted of violating this paragraph may be fined not more than $5,000 or imprisoned for not more than one year 2 years or both.

AB351, s. 262 Section 262. 961.42 (2) of the statutes is amended to read:

AB351,82,21 961.42 (2) Any person who violates this section may be fined not more than $25,000 or imprisoned not more than one year 2 years or both.

AB351, s. 263 Section 263. 961.43 (2) of the statutes is amended to read:

AB351,82,24 961.43 (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.

AB351, s. 264 Section 264. 961.455 (1) of the statutes is amended to read:

AB351,83,4 961.455 (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.

AB351, s. 265 Section 265. 961.49 (2) (a) of the statutes is amended to read:

AB351,83,20 961.49 (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).

AB351, s. 266 Section 266. 961.49 (2) (b) of the statutes is amended to read:

AB351,84,4 961.49 (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).

AB351, s. 267 Section 267. 969.01 (4) of the statutes is amended to read:

AB351,84,23 969.01 (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.

AB351, s. 268 Section 268. 971.11 (1) of the statutes is amended to read:

AB351,85,10 971.11 (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.

AB351, s. 269 Section 269. 972.13 (6) of the statutes is amended to read:

AB351,85,12 972.13 (6) The following forms may be used for judgments:

AB351,85,13 STATE OF WISCONSIN

AB351,85,14 .... County

AB351,85,15 In.... Court

AB351,85,16 The State of Wisconsin

AB351,85,17 vs.

AB351,85,18 ....(Name of defendant)

AB351,85,19 UPON ALL THE FILES, RECORDS AND PROCEEDINGS,

AB351,85,25 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.

AB351,86,1 *IT IS ADJUDGED That the defendant is guilty as convicted.

AB351,86,3 *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.....

AB351,86,6 *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.

AB351,86,9 *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:....

AB351,86,12 *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....

AB351,86,14 *IT IS ADJUDGED That the defendant is ordered to pay a fine of $.... (and the costs of this action).

AB351,86,15 *IT IS ADJUDGED That the defendant pay restitution to....

AB351,86,17 *IT IS ADJUDGED That the defendant is restricted in his or her use of computers as follows:....

AB351,86,19 *The.... at.... is designated as the Reception Center to which the defendant shall be delivered by the sheriff.

AB351,86,21 *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.

AB351,86,22 Dated this.... day of...., 19...

AB351,86,23 BY THE COURT....

AB351,86,24 Date of Offense....,

AB351,86,25 District Attorney....,

AB351,87,1 Defense Attorney....

AB351,87,2 *Strike inapplicable paragraphs.

AB351,87,3 STATE OF WISCONSIN

AB351,87,4 .... County

AB351,87,5 In.... Court

AB351,87,6 The State of Wisconsin

AB351,87,7 vs.

AB351,87,8 ....(Name of defendant)

AB351,87,10 On the.... day of...., 19.., the district attorney appeared for the state and the defendant appeared in person and by.... the defendant's attorney.

AB351,87,11 UPON ALL THE FILES, RECORDS AND PROCEEDINGS

AB351,87,13 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.

AB351,87,14 Dated this.... day of...., 19...

AB351,87,15 BY THE COURT....

AB351, s. 270 Section 270. 972.15 (5) (intro.) of the statutes is amended to read:

AB351,87,25 972.15 (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:

AB351, s. 271 Section 271. 973.01 of the statutes is created to read:

AB351,88,7 973.01 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.

AB351,88,9 (2) Structure of bifurcated sentences. The court shall ensure that a bifurcated sentence imposed under sub. (1) complies with all of the following:

AB351,88,12 (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.

AB351,88,16 (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:

AB351,88,18 1. For a Class B felony, the term of confinement in prison may not exceed 40 years.

AB351,88,20 2. For a Class BC felony, the term of confinement in prison may not exceed 20 years.

AB351,88,22 3. For a Class C felony, the term of confinement in prison may not exceed 10 years.

AB351,88,24 4. For a Class D felony, the term of confinement in prison may not exceed 5 years.

AB351,89,2 5. For a Class E felony, the term of confinement in prison may not exceed 2 years.

AB351,89,5 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.

AB351,89,10 (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.

AB351,89,13 (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).

AB351,89,16 (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).

AB351,89,22 (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).

AB351,89,25 (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.

AB351,90,2 (6) No parole. A person serving a bifurcated sentence imposed under sub. (1) is not eligible for release on parole.

AB351,90,6 (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).

AB351, s. 272 Section 272. 973.013 (1) (b) of the statutes is amended to read:

AB351,90,15 973.013 (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.

AB351, s. 273 Section 273. 973.013 (2) of the statutes is amended to read:

AB351,90,25 973.013 (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.

AB351, s. 274 Section 274. 973.0135 (2) (intro.) of the statutes is amended to read:

AB351,91,5 973.0135 (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:

AB351, s. 275 Section 275. 973.014 (title) of the statutes is amended to read:

AB351,91,8 973.014 (title) Sentence of life imprisonment; parole eligibility determination; community supervision eligibility determination.

AB351, s. 276 Section 276. 973.014 (1) (intro.) of the statutes is amended to read:

AB351,91,13 973.014 (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:

AB351, s. 277 Section 277. 973.014 (1) (c) of the statutes is amended to read:

AB351,91,17 973.014 (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.

AB351, s. 278 Section 278. 973.014 (1g) of the statutes is created to read: