SB345: Bill Text

SB345,70,20 *IT IS ADJUDGED That the defendant is ordered to pay a fine of $.... (and the costs of this action).

SB345,70,21 *IT IS ADJUDGED That the defendant pay restitution to....

SB345,70,23 *IT IS ADJUDGED That the defendant is restricted in his or her use of computers as follows:....

SB345,70,25 *The.... at.... is designated as the Reception Center to which the defendant shall be delivered by the sheriff.

SB345,71,2 *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.

SB345,71,3 Dated this.... day of...., 19...

SB345,71,4 BY THE COURT....

SB345,71,5 Date of Offense....,

SB345,71,6 District Attorney....,

SB345,71,7 Defense Attorney....

SB345,71,8 *Strike inapplicable paragraphs.

SB345,71,9 STATE OF WISCONSIN

SB345,71,10 .... County

SB345,71,11 In.... Court

SB345,71,12 The State of Wisconsin

SB345,71,13 vs.

SB345,71,14 ....(Name of defendant)

SB345,71,16 On the.... day of...., 19.., the district attorney appeared for the state and the defendant appeared in person and by.... the defendant's attorney.

SB345,71,17 UPON ALL THE FILES, RECORDS AND PROCEEDINGS

SB345,71,19 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.

SB345,71,20 Dated this.... day of...., 19...

SB345,71,21 BY THE COURT....

SB345, s. 180 Section 180. 972.15 (2c) of the statutes is created to read:

SB345,72,2 972.15 (2c) If the defendant is being sentenced under s. 973.01 and he or she satisfies the criteria under s. 302.045 (2) (b) and (c), the person preparing the presentence investigation report shall include in the report a recommendation as to whether the defendant should be eligible for the challenge incarceration program under s. 302.045.

SB345, s. 181 Section 181. 972.15 (5) (intro.) of the statutes is amended to read:

SB345,72,12 972.15 (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 extended 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:

SB345, s. 182 Section 182. 973.01 of the statutes is created to read:

SB345,72,19 973.01 Bifurcated sentence of imprisonment and extended 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, 1999, the court shall impose a bifurcated sentence that consists of a term of confinement in prison followed by a term of extended supervision under s. 302.113.

SB345,72,21 (2) Structure of bifurcated sentences. The court shall ensure that a bifurcated sentence imposed under sub. (1) complies with all of the following:

SB345,72,24 (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.

SB345,73,3 (b) Imprisonment portion of bifurcated sentence. The portion of the bifurcated sentence that imposes a term of confinement in prison shall comply with all of the following:

SB345,73,5 1. Except as provided in par. (bm), the term of confinement in prison may not be less than one year.

SB345,73,7 2. The term of confinement in prison may not exceed 75% of the total length of the bifurcated sentence.

SB345,73,10 (bm) Minimum imprisonment in certain cases. 1. If the maximum period of imprisonment for the felony is one year, the term of confinement in prison may not be less than 6 months nor more than 8 months.

SB345,73,13 2. If there is a minimum sentence of more than one year prescribed for the felony, the term of confinement in prison portion of the bifurcated sentence may not be less than that prescribed minimum sentence.

SB345,73,15 (c) Penalty enhancement. The total length of the bifurcated sentence that may be imposed may be increased by any applicable penalty enhancement.

SB345,73,18 (d) Minimum term of extended supervision. The term of extended 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).

SB345,73,21 (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).

SB345,74,2 (3m) Challenge incarceration program eligibility. When imposing a bifurcated sentence under this section on a person convicted of a crime other than a crime specified in ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.055, 948.06, 948.07, 948.08 or 948.095, the court shall decide whether the person being sentenced is eligible or ineligible for the challenge incarceration program under s. 302.045 during the term of confinement in prison portion of the bifurcated sentence.

SB345,74,11 (4) No good time; extension or reduction 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) and, if applicable, to reduction under s. 302.045 (3m). 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). If the court provides under sub. (3m) that the person is eligible for the challenge incarceration program, the court shall also inform the person of the provisions of s. 302.045 (3m).

SB345,74,14 (5) extended supervision conditions. Whenever the court imposes a bifurcated sentence under sub. (1), the court may impose conditions upon the term of extended supervision.

SB345,74,16 (6) No parole. A person serving a bifurcated sentence imposed under sub. (1) is not eligible for release on parole.

SB345,74,19 (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.

SB345, s. 183 Section 183. 973.013 (1) (b) of the statutes is amended to read:

SB345,75,3 973.013 (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.

SB345, s. 184 Section 184. 973.013 (2) of the statutes is amended to read:

SB345,75,13 973.013 (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 extended supervision before such a recommendation can be made to the governor. The discharge has the effect of an absolute or conditional pardon, respectively.

SB345, s. 185 Section 185. 973.0135 (2) (intro.) of the statutes is amended to read:

SB345,75,18 973.0135 (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, 1999, the court shall make a parole eligibility determination regarding the person and choose one of the following options:

SB345, s. 186 Section 186. 973.014 (title) of the statutes is amended to read:

SB345,75,21 973.014 (title) Sentence of life imprisonment; parole eligibility determination; extended supervision eligibility determination.

SB345, s. 187 Section 187. 973.014 (1) (intro.) of the statutes is amended to read:

SB345,76,2 973.014 (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, 1999, the court shall make a parole eligibility determination regarding the person and choose one of the following options:

SB345, s. 188 Section 188. 973.014 (1) (c) of the statutes is amended to read:

SB345,76,6 973.014 (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, 1999.

SB345, s. 189 Section 189. 973.014 (1g) of the statutes is created to read:

SB345,76,11 973.014 (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, 1999, the court shall make an extended supervision eligibility date determination regarding the person and choose one of the following options:

SB345,76,13 1. The person is eligible for release to extended supervision after serving 20 years.

SB345,76,17 2. The person is eligible for release to extended 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.

SB345,76,18 3. The person is not eligible for release to extended supervision.

SB345,76,21 (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 extended supervision.

SB345,76,23 (c) A person sentenced to life imprisonment under par. (a) is not eligible for release on parole.

SB345, s. 190 Section 190. 973.014 (2) of the statutes is amended to read:

SB345,77,3 973.014 (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 extended supervision.

SB345, s. 191 Section 191. 973.02 of the statutes is amended to read:

SB345,77,13 973.02 Place of imprisonment when none expressed. Except as provided in s. ss. 973.01 (2) (bm) 1. and 973.032, if a statute authorizes imprisonment for its violation but does not prescribe the place of imprisonment, a sentence of less than one year shall be to the county jail, a sentence of more than one year shall be to the Wisconsin state prisons and the minimum under the indeterminate sentence law shall be one year, and a sentence of one year may be to either the Wisconsin state prisons or the county jail. In any proper case, sentence and commitment may be to the department or any house of correction or other institution as provided by law or to detention under s. 973.03 (4).

SB345, s. 192 Section 192. 973.032 (1) of the statutes is amended to read:

SB345,77,19 973.032 (1) Sentence. Beginning July 1, 1992, a court may sentence a person who is convicted of a felony occurring on or after August 15, 1991, but before July 1, 1999, to participate in the intensive sanctions program under s. 301.048. If a person is convicted of a felony occurring on or after July 1, 1999, a court may not sentence the person to participate in the intensive sanctions program under s. 301.048.

SB345, s. 193 Section 193. 973.032 (5) of the statutes is amended to read:

SB345,77,23 973.032 (5) (title) Parole or extended 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 extended supervision, whichever is applicable.

SB345, s. 194 Section 194. 973.10 (1) of the statutes is amended to read:

SB345,78,5 973.10 (1) Imposition of probation shall have the effect of placing the defendant in the custody of the department and shall subject the defendant to the control of the department under conditions set by the court and rules and regulations established by the department for the supervision of probationers and , parolees and persons on extended supervision.

SB345, s. 195 Section 195. 973.15 (1) of the statutes is amended to read:

SB345,78,11 973.15 (1) Except as provided in s. ss. 973.01 (2) (bm) 1. and 973.032, all sentences to the Wisconsin state prisons shall be for one year or more. Except as otherwise provided in this section, all sentences commence at noon on the day of sentence, but time which elapses after sentence while the convicted offender is at large on bail shall not be computed as any part of the term of imprisonment.

SB345, s. 196 Section 196. 973.15 (2) (b) of the statutes is amended to read:

SB345,78,22 973.15 (2) (b) The court may not impose a sentence to the intensive sanctions program consecutive to any other sentence. The court may not impose a sentence to the intensive sanctions program concurrent with a sentence imposing imprisonment, except that the court may impose a sentence to the program concurrent with an imposed and stayed imprisonment sentence or with a prison sentence for which the offender has been released on extended supervision or parole. The court may impose concurrent intensive sanctions program sentences. The court may impose an intensive sanctions program sentence concurrent to probation. The court may impose any sentence for an escape from a sentence to the intensive sanctions program concurrent with the sentence to the intensive sanctions program.

SB345, s. 197 Section 197. 973.15 (6) of the statutes is amended to read:

SB345,79,3 973.15 (6) Sections 302.11 and 304.06 are applicable to an inmate serving a sentence to the Wisconsin state prisons for a crime committed before July 1, 1999, but confined in a federal institution or an institution in another state.

SB345, s. 198 Section 198. 973.155 (1) (b) of the statutes is amended to read:

SB345,79,8 973.155 (1) (b) The categories in par. (a) include custody of the convicted offender which is in whole or in part the result of a probation, extended supervision or parole hold under s. 304.06 (3) or 973.10 (2) placed upon the person for the same course of conduct as that resulting in the new conviction.

SB345, s. 199 Section 199. 973.155 (2) of the statutes is amended to read:

SB345,79,16 973.155 (2) After the imposition of sentence, the court shall make and enter a specific finding of the number of days for which sentence credit is to be granted, which finding shall be included in the judgment of conviction. In the case of revocation of probation, extended supervision or parole, the department, if the hearing is waived, or the division of hearings and appeals in the department of administration, in the case of a hearing, shall make such a finding, which shall be included in the revocation order.

SB345, s. 200 Section 200. 973.155 (5) of the statutes is amended to read:

SB345,79,25 973.155 (5) If this section has not been applied at sentencing to any person who is in custody or to any person who is on probation, extended supervision or parole, the person may petition the department to be given credit under this section. Upon proper verification of the facts alleged in the petition, this section shall be applied retroactively to the person. If the department is unable to determine whether credit should be given, or otherwise refuses to award retroactive credit, the person may petition the sentencing court for relief. This subsection applies to any person, regardless of the date he or she was sentenced.

SB345, s. 201 Section 201. 973.20 (1r) of the statutes is amended to read:

SB345,80,13 973.20 (1r) When imposing sentence or ordering probation for any crime for which the defendant was convicted, the court, in addition to any other penalty authorized by law, shall order the defendant to make full or partial restitution under this section to any victim of a crime considered at sentencing or, if the victim is deceased, to his or her estate, unless the court finds substantial reason not to do so and states the reason on the record. Restitution ordered under this section is a condition of probation, extended supervision or parole served by the defendant for a crime for which the defendant was convicted. After the termination of probation, extended supervision or parole, or if the defendant is not placed on probation, extended supervision or parole, restitution ordered under this section is enforceable in the same manner as a judgment in a civil action by the victim named in the order to receive restitution or enforced under ch. 785.

SB345, s. 202 Section 202. 973.20 (10) of the statutes is amended to read:

SB345,80,20 973.20 (10) The court may require that restitution be paid immediately, within a specified period or in specified instalments. If the defendant is placed on probation or sentenced to imprisonment, the end of a specified period shall not be later than the end of any period of probation, extended supervision or parole. If the defendant is sentenced to the intensive sanctions program, the end of a specified period shall not be later than the end of the sentence under s. 973.032 (3) (a).

SB345, s. 203 Section 203. 975.10 (1) of the statutes is amended to read: