LRB-2406/1
RLR:kmg:pg
2003 - 2004 LEGISLATURE
January 5, 2004 - Introduced by Representatives Albers, Wieckert, Bies, Hines,
F. Lasee, J. Lehman, Owens and Townsend. Referred to Committee on
Criminal Justice.
AB713,1,4
1An Act to repeal 973.09 (1) (d) 1., 2. and 3.; and
to renumber and amend
2973.09 (1) (d) of the statutes;
relating to: probation for certain offenses that are
3related to operating a motor vehicle while intoxicated, and good-time credit for
4time served in jail as a condition of probation.
Analysis by the Legislative Reference Bureau
Under current law, a court may place a person who is convicted of a crime on
probation instead of ordering the person to serve a sentence for the crime unless
probation is prohibited for the crime. With certain exceptions, if a person commits
a crime for which a minimum term of imprisonment of one year or less is required,
a court may still place the person on probation, but must require that the person
serve the minimum term of imprisonment as a condition of probation. The
exceptions provide that a court may not place a person on probation for a second or
third commission of certain offenses that are related to operating a motor vehicle
while intoxicated (OWI).
Also under current law, an inmate who is sentenced to imprisonment in a
county jail may earn good-time credit against his or her sentence for good behavior.
A person generally may not earn good-time credit on a term of confinement in jail
that is imposed as a condition of probation. However, a person who is placed on
probation for a crime for which a minimum term of imprisonment of one year or less
is required, may earn good-time credit on the term of confinement in jail that a court
must impose as a condition of probation.
This bill allows a court to place a person who is convicted for commission of a
second or third OWI-related offense on probation, subject to the requirement that
the person serve the required minimum period of imprisonment for the offense as a
condition of probation. The bill also eliminates the entitlement to good-time credit
for a person serving a term of confinement in jail as a condition of probation for a
crime for which a minimum penalty of imprisonment of one year or less is required.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state and local 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:
AB713, s. 1
1Section
1. 973.09 (1) (d) (intro.) of the statutes is renumbered 973.09 (1) (d)
2amended to read:
AB713,2,93
973.09
(1) (d) If a person is convicted of an offense that provides a mandatory
4or presumptive minimum period of one year or less of imprisonment, a court may
5place the person on probation under par. (a) if the court requires, as a condition of
6probation, that the person be confined under sub. (4) for at least that mandatory or
7presumptive minimum period.
The person is eligible to earn good time credit
8calculated under s. 302.43 regarding the period of confinement. This paragraph does
9not apply if the conviction is for any of the following:
AB713, s. 2
10Section
2. 973.09 (1) (d) 1., 2. and 3. of the statutes are repealed.
AB713,2,1312
(1) This act first applies to offenses committed on the effective date of this
13subsection.
