LRB-3543/1
PJH:cjs:jf
2009 - 2010 LEGISLATURE
October 15, 2009 - Introduced by Joint Legislative Council. Referred to
Committee on Corrections and the Courts.
AB497,1,2
1An Act to repeal and recreate 973.01 (2) (d) (intro.) of the statutes;
relating
2to: the maximum term of extended supervision.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Joint Legislative Council prefatory note: This bill was prepared for the Joint
Legislative Council's Special Committee on Justice Reinvestment Initiative Oversight.
Under current law, a court must impose a bifurcated sentence for a person
sentenced to imprisonment for a felony, other than a Class A felony, committed on or after
December 31, 1999, or a misdemeanor committed on or after February 1, 2003. A
bifurcated sentence includes a period of confinement and a period of extended
supervision.
The statutes define the maximum term of imprisonment for each sentence. The
term of imprisonment for a bifurcated sentence is broken into 2 phases: confinement and
extended supervision.
The statutes also define the maximum term a court may sentence a person to spend
in confinement as well as both the minimum and maximum term of extended supervision
for classified felonies. The minimum term of extended supervision is not less than 25%
of the time one is sentenced to confinement. The maximum terms of confinement and
extended supervision for felonies other than a Class A felony are as follows:
• Class B felony: maximum term of confinement is 40 years; maximum term of
extended supervision is 20 years.
• Class C felony: maximum term of confinement is 25 years; maximum term of
extended supervision is 15 years.
• Class D felony: maximum term of confinement is 15 years; maximum term of
extended supervision is 10 years.
• Class E felony: maximum term of confinement is 10 years; maximum term of
extended supervision is 5 years.
• Class F felony: maximum term of confinement is 7.5 years; maximum term of
extended supervision is 5 years.
• Class G felony: maximum term of confinement is 5 years; maximum term of
extended supervision is 5 years.
• Class H felony: maximum term of confinement is 3 years; maximum term of
extended supervision is 3 years.
• Class I felony: maximum term of confinement is 1.5 years; maximum term of
extended supervision is 2 years.
This bill provides that the maximum term of extended supervision may not exceed
75% of the term of confinement for all crimes other than Class B felonies, Class C felonies,
and the crimes defined as "sex offenses" under s. 301.45 (1d) (b), stats. For Class B and
C felonies and sex offenses, the maximum terms of extended supervision set forth in
current law apply.
AB497, s. 1
1Section
1. 973.01 (2) (d) (intro.) of the statutes is repealed and recreated to
2read:
AB497,2,103
973.01
(2) (d)
Minimum and maximum term of extended supervision. (intro.)
4Except for a Class B felony, a Class C felony, or a crime described in s. 301.45 (1d) (b),
5the term of extended supervision may not be less than 25 percent nor more 75 percent
6of the length of the term of confinement in prison imposed under par. (b). For a Class
7B felony, a Class C felony, or a crime described in s. 301.45 (1d) (b), the term of
8extended supervision may not be less than 25 percent of the term of confinement in
9prison imposed under par. (b) and is subject to whichever of the following limits is
10applicable:
AB497,3,2
1(1) This act first applies to a person sentenced for a crime committed on the
2effective date of this subsection.
