LRB-4098/2
RLR:jld:pg
2005 - 2006 LEGISLATURE
March 21, 2006 - Introduced by Representatives Berceau, Albers and Kreuser,
cosponsored by Senators Miller and Risser. Referred to Committee on
Criminal Justice and Homeland Security.
AB1134,1,2
1An Act to amend 973.195 (1g) of the statutes;
relating to: adjusting prison
2sentences for misdemeanors.
Analysis by the Legislative Reference Bureau
A person sentenced to a term of confinement for a misdemeanor (a crime for
which the maximum term of confinement is one year or less) generally serves the
term of confinement in a county jail or house of correction. However, a person serving
a sentence for a felony in addition to a misdemeanor generally serves the sentence
for the misdemeanor in prison, regardless of whether the sentences run concurrently
or consecutively. Also, a person serving a sentence for a misdemeanor that has been
lengthened to more than one year due to application of a penalty enhancement
statute (for example, for a repeat offender) serves the sentence in prison. All
sentences to prison consist of a term of confinement in prison followed by a term of
extended supervision.
Current law also provides a process by which a person serving a sentence for
a Class C to a Class I felony may petition the court for a sentence adjustment under
which the remainder of the term of confinement portion of the sentence is converted
to time on extended supervision. A person serving a sentence for a Class C to a Class
E felony may petition for adjustment after serving 85 percent of the term of
confinement and a person serving a Class F to a Class I felony may petition after
serving 75 percent of the term of confinement. The sentence adjustment process does
not apply to misdemeanor sentences.
This bill provides that a person serving a term of confinement in prison for a
misdemeanor may petition for sentence adjustment after serving 75 percent of the
term of confinement.
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:
AB1134, s. 1
1Section
1. 973.195 (1g) of the statutes is amended to read:
AB1134,2,32
973.195
(1g) Definition. In this section, "applicable percentage" means 85%
3for a Class C to E felony and 75% for a Class F to I felony
or for a misdemeanor.
AB1134,2,65
(1) This act first applies to persons serving a sentence on the effective date of
6this subsection.
