AB75: Bill Text

AB75,1636,14 961.41 (5) (c) 1. The first $850,000 plus two-thirds of all moneys in excess of $1,275,000 collected in each fiscal year from drug surcharges under this subsection shall be credited to the appropriation account under s. 20.435 (6) (5) (gb).

AB75, s. 3365 Section 3365. 971.14 (5) (a) of the statutes is amended to read:

AB75,1637,5 971.14 (5) (a) If the court determines that the defendant is not competent but is likely to become competent within the period specified in this paragraph if provided with appropriate treatment, the court shall suspend the proceedings and commit the defendant to the custody of the department of health services for the department to determine whether treatment shall occur in an appropriate institution designated by the department, or in a community-based treatment conducted in a jail or a locked unit of a facility that has entered into a voluntary agreement with the state to serve as a location for treatment, or as a condition of bail or bond, for a period of time not to exceed 12 6 months, or the maximum sentence specified for the most serious offense with which the defendant is charged, whichever is less. Under this subsection, the department of health services may commence services to a person in jail but shall, as soon as possible, transfer that person to an institution or provide services to the person in a nonjail setting consistent with this subsection. Days spent in commitment under this paragraph are considered days spent in custody under s. 973.155.

AB75, s. 3366 Section 3366. 971.14 (5) (b) of the statutes is amended to read:

AB75,1637,18 971.14 (5) (b) The defendant shall be periodically reexamined by the department of health services examiners. Written reports of examination shall be furnished to the court 3 2 months after commitment, 6 months after commitment, 9 months after commitment and within 30 days prior to the expiration of commitment. Each report shall indicate either that the defendant has become competent, that the defendant remains incompetent but that attainment of competency is likely within the remaining commitment period, or that the defendant has not made such progress that attainment of competency is likely within the remaining commitment period. Any report indicating such a lack of sufficient progress shall include the examiner's opinion regarding whether the defendant is mentally ill, alcoholic, drug dependent, developmentally disabled, or infirm because of aging or other like incapacities.

AB75, s. 3367 Section 3367. 971.14 (5) (d) of the statutes is amended to read:

AB75,1638,2 971.14 (5) (d) If the defendant is receiving medication the court may make appropriate orders for the continued administration of the medication in order to maintain the competence of the defendant for the duration of the proceedings. If a defendant who has been restored to competency thereafter again becomes incompetent, the maximum commitment period under par. (a) shall be 18 12 months minus the days spent in previous commitments under this subsection, or 12 6 months, whichever is less.

AB75, s. 3368 Section 3368. 971.17 (2) (title) of the statutes is amended to read:

AB75,1638,4 971.17 (2) (title) Investigation and examination.

AB75, s. 3369 Section 3369. 971.17 (2) (a) of the statutes is amended to read:

AB75,1638,13 971.17 (2) (a) The court shall enter an initial commitment order under this section pursuant to a hearing held as soon as practicable after the judgment of not guilty by reason of mental disease or mental defect is entered. If the court lacks sufficient information to make the determination required by sub. (3) immediately after trial, it may adjourn the hearing and order the department of health services to conduct a predisposition investigation using the procedure in s. 972.15 or a supplementary mental examination or both, to assist the court in framing the commitment order.

AB75, s. 3370 Section 3370. 971.17 (2) (b), (c) and (d) of the statutes are repealed.

AB75, s. 3371 Section 3371. 971.17 (2) (e) of the statutes is amended to read:

AB75,1638,24 971.17 (2) (e) The examiner appointed person conducting the predisposition investigation under par. (b) (a) shall personally observe and examine the person. The examiner or facility and shall have access to the person's past or present treatment records, as defined in s. 51.30 (1) (b), and patient health care records, as provided under s. 146.82 (2) (c). If the examiner person conducting the predisposition investigation believes that the person is appropriate for conditional release, the examiner person conducting the predisposition investigation shall report on the type of treatment and services that the person may need while in the community on conditional release.

AB75, s. 3372 Section 3372. 971.17 (2) (f) of the statutes is repealed.

AB75, s. 3373 Section 3373. 971.17 (2) (g) of the statutes is amended to read:

AB75,1639,4 971.17 (2) (g) Within 10 days after the examiner's predisposition investigation report is filed under par. (c) s. 972.15, the court shall hold a hearing to determine whether commitment shall take the form of institutional care or conditional release.

AB75, s. 3374 Section 3374. 971.17 (4m) (a) 2. of the statutes is amended to read:

AB75,1639,7 971.17 (4m) (a) 2. "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.

AB75, s. 3375 Section 3375. 971.17 (6m) (a) 2. of the statutes is amended to read:

AB75,1639,10 971.17 (6m) (a) 2. "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.

AB75, s. 3376 Section 3376. 971.23 (10) of the statutes is amended to read:

AB75,1639,19 971.23 (10) Payment of copying costs in cases involving indigent defendants. When the state public defender or a private attorney appointed under s. 977.08 requests copies, in any format, of any item that is discoverable under this section, the state public defender shall pay any fee charged for the copies from the appropriation account under s. 20.550 (1) (f). If the person providing copies under this section charges the state public defender a fee for the copies, the fee may not exceed the actual, necessary, and direct cost of providing the copies applicable maximum fee for copies of discoverable materials that is established by rule under s. 977.02 (9).

AB75, s. 3377 Section 3377. 973.01 (3d) of the statutes is created to read:

AB75,1639,24 973.01 (3d) Positive adjustment time eligibility. (a) When a person is sentenced under sub. (1) to a term of confinement in prison, the department of corrections shall, applying an objective risk assessment instrument supported by research, determine how likely it is that the person will commit another offense.

AB75,1640,3 (b) If the department of corrections determines under par. (a) that the person poses a high risk of reoffending, the person shall be ineligible to earn positive adjustment time under s. 302.113 (2) (b).

AB75, s. 3378 Section 3378. 973.01 (4) of the statutes is amended to read:

AB75,1640,10 973.01 (4) No good time; extension 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), 302.05 (3) (c) 2. a., or 302.113 (9g), or 973.195 (1r) adjustment under s. 302.113 (2) (b) or 304.06 (1).

AB75, s. 3379 Section 3379. 973.01 (4m) of the statutes is created to read:

AB75,1640,22 973.01 (4m) Good time credit toward discharge from extended supervision. Notwithstanding sub. (2) (d), a person sentenced to a bifurcated sentence under sub. (1) for a misdemeanor or a Class F to Class I felony that is not a violent offense, as defined in s. 301.048 (2) (bm) 1., is eligible to earn good time credit in the amount of one day for every day served without violating a rule or condition of extended supervision leading to a sanction or revocation. The department shall discharge the person from extended supervision when he or she has served the extended supervision portion of his or her bifurcated sentence, less good time he or she has earned. This subsection does not apply to a person who is the subject of a bulletin issued under s. 301.46 (2m) or who is a violent offender, as defined in s. 16.964 (12) (a).

AB75, s. 3380 Section 3380. 973.01 (4r) of the statutes is created to read:

AB75,1641,11 973.01 (4r) Petition for reduction of extended supervision. (a) 1. Notwithstanding sub. (2) (d), a person sentenced to a bifurcated sentence under sub. (1) for a felony that is not a violent offense, as defined in s. 301.048 (2) (bm) 1., and who is ineligible for positive adjustment time under s. 302.113 (2) (b) pursuant to 973.01 (3d) (b) or for a Class F to Class I felony that is a violent offense, as defined in s. 301.048 (2) (bm) 1., may earn good time toward the reduction of extended supervision in the amount of one day for every 3 days that he or she serves without violating a condition of extended supervision leading to a sanction or revocation. The person may petition to the earned release review commission to have his or her period of extended supervision reduced when he or she has served the extended supervision portion of his or her sentence, less good time he or she has earned. This subdivision does not apply to a person who is the subject of a bulletin issued under s. 301.46 (2m).

AB75,1641,20 2. Notwithstanding sub. (2) (d), a person sentenced to a bifurcated sentence under sub. (1) for a Class C to Class E felony may earn good time toward the reduction of extended supervision in the amount of one day for every 5.7 days that he or she serves without violating a condition of extended supervision leading to a sanction or revocation. The person may petition to the earned release review commission to have his or her period of extended supervision reduced when he or she has served the extended supervision portion of his or her sentence, less good time he or she has earned. This subdivision does not apply to a person who is the subject of a bulletin issued under s. 301.46 (2m).

AB75,1641,24 (b) The earned release review commission may consider as grounds for a petition under par. (a) to reduce the length of a person's period of extended supervision whether the person has met the conditions of extended supervision and a reduction is in the interests of justice.

AB75, s. 3381 Section 3381. 973.01 (7) of the statutes is amended to read:

AB75,1642,5 973.01 (7) No discharge Discharge. The department of corrections may not shall discharge a person who is serving a bifurcated sentence from custody, control and supervision until when the person has served the entire bifurcated sentence, as modified under sub. (4m) or (4r) or s. 302.113 (2) (b), (9g), or (9h) or 304.06 (1), if applicable.

AB75, s. 3382 Section 3382. 973.01 (8) (a) 2. of the statutes is amended to read:

AB75,1642,11 973.01 (8) (a) 2. The amount of time the person will serve in prison under the term of confinement in prison portion of the sentence, and the date upon which the person is eligible to be released to extended supervision under s. 302.113 (2) (b) or the date upon which the person may apply for release to extended supervision under s. 304.06.

AB75, s. 3383 Section 3383. 973.01 (8) (a) 3. of the statutes is amended to read:

AB75,1642,17 973.01 (8) (a) 3. The amount of time the person will spend on extended supervision, assuming that the person does not commit any act that results in the extension of the term of confinement in prison under s. 302.113 (3) , and the date upon which the person may be eligible for discharge under sub. (4m) or apply for a reduction of his or her period of extended supervision under sub. (4r).

AB75, s. 3384 Section 3384. 973.015 (title) of the statutes is amended to read:

AB75,1642,19 973.015 (title) Misdemeanors, special Special disposition.

AB75, s. 3385 Section 3385. 973.015 (1) (a) of the statutes is amended to read:

AB75,1643,4 973.015 (1) (a) Subject to par. (b) and except as provided in par. (c), when a person is under the age of 21 25 at the time of the commission of an offense for which the person has been found guilty in a court for violation of a law for which the maximum penalty is period of imprisonment for one year or less in the county jail is 6 years, the court may order at the time of sentencing that the record be expunged upon successful completion of the sentence if the court determines the person will benefit and society will not be harmed by this disposition. This subsection does not apply to information maintained by the department of transportation regarding a conviction that is required to be included in a record kept under s. 343.23 (2) (a).

AB75, s. 3386 Section 3386. 973.015 (1) (c) of the statutes is created to read:

AB75,1643,8 973.015 (1) (c) No court may order that a record of a conviction for a Class H or Class I felony that is a violent offense, as defined in s. 301.048 (2) (bm), be expunged.

AB75, s. 3387 Section 3387. 973.017 (6) (a) of the statutes is amended to read:

AB75,1643,15 973.017 (6) (a) In this subsection, "person responsible for the welfare of the child" includes the child's parent, stepparent, guardian, foster parent, or treatment foster parent; an employee of a public or private residential home, institution, or agency; any other person legally responsible for the child's welfare in a residential setting; or a person employed by one who is legally responsible for the child's welfare to exercise temporary control or care for the child.

AB75, s. 3388 Section 3388. 973.045 (1) (a) of the statutes is amended to read:

AB75,1643,17 973.045 (1) (a) For each misdemeanor offense or count, $60 $65.

AB75, s. 3389 Section 3389. 973.045 (1) (b) of the statutes is amended to read:

AB75,1643,19 973.045 (1) (b) For each felony offense or count, $85 $90.

AB75, s. 3390 Section 3390. 973.045 (1r) (a) 2. of the statutes is amended to read:

AB75,1643,22 973.045 (1r) (a) 2. Part B equals $20 $25 for each misdemeanor offense or count and $20 $25 for each felony offense or count.

AB75, s. 3391 Section 3391. 973.045 (2m) of the statutes is amended to read:

AB75,1644,2 973.045 (2m) The secretary of administration shall credit part A and 20 percent of part B of the crime victim and witness surcharge to the appropriation account under s. 20.455 (5) (g) and 80 percent of part B to the appropriation account under s. 20.455 (5) (gc).

AB75, s. 3392 Section 3392. 973.05 (2m) (r) of the statutes is amended to read:

AB75,1644,5 973.05 (2m) (r) To payment of the enforcement surcharge under s. 49.17 253.06 (4) (c) until paid in full.

AB75, s. 3393 Section 3393. 973.10 (1) of the statutes is amended to read:

AB75,1644,11 973.10 (1) Imposition of probation shall have the effect of placing the defendant in the custody of the department and, subject to sub. (1g), 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, parolees and persons on extended supervision.

AB75, s. 3394 Section 3394. 973.10 (1g) of the statutes is created to read:

AB75,1644,13 973.10 (1g) (a) In this subsection:

AB75,1644,15 1. "Member of the family" means spouse, child, parent, sibling, or legal guardian.

AB75,1644,18 2. "Risk assessment" means the application of an objective instrument supported by research to determine how likely an offender is to commit another offense.

AB75,1644,19 3. "Victim" means a person against whom a crime has been committed.

AB75,1644,23 (b) The department shall establish by rule a system for risk assessment that classifies a probationer's level of risk for committing another offense. The system established under this subsection shall contain levels of risk, with a person who poses the most risk classified at the highest level of risk.

AB75,1645,3 (c) The department shall assess the risk of each person sentenced to probation for a misdemeanor under s. 973.09 and shall classify the person according to his or her level of risk.

AB75,1645,5 (d) The department may supervise a person sentenced to probation for a misdemeanor under s. 973.09 only if one of the following applies:

AB75,1645,6 1. The department classifies him or her under par. (a) at a high level of risk.

AB75,1645,7 2. The person is a violent offender, as defined in s. 16.964 (12) (a).

AB75,1645,8 3. The person is required to register as a sex offender under s. 301.45.

AB75,1645,12 4. The person has, in his or her lifetime, been convicted of or adjudicated delinquent for committing any crime involving the use or possession of a weapon or of violating s. 968.075, 943.10 (1m) (a) or (e), 961.41 (1) (a), (b), (cm), (d), (e), or (h) or (1m) (a), (b), (cm), (d), (e), or (h), 961.455, or 961.46 or ch. 940.

AB75,1645,14 5. The person had been charged with a felony for the conduct that resulted in the current misdemeanor conviction.

AB75,1645,18 (e) If the department determines that the department may not supervise a person under this subsection, the department shall make a reasonable attempt to provide written notification to the victim of the person or a member of the family of the victim that the person will not be supervised while he or she is on probation.

AB75, s. 3395 Section 3395. 973.195 of the statutes is repealed.

AB75, s. 3396 Section 3396. 974.07 (4) (b) of the statutes is amended to read:

AB75,1646,3 974.07 (4) (b) Notwithstanding the limitation on the disclosure of mailing addresses from completed information cards submitted by victims under ss. 51.37 (10) (dx), 301.046 (4) (d), 301.048 (4m) (d), 301.38 (4), 302.105 (4), 304.06 (1) (f), 304.063 (4), 938.51 (2), 971.17 (6m) (d), and 980.11 (4), the department of corrections, the parole earned release review commission, and the department of health services shall, upon request, assist clerks of court in obtaining information regarding the mailing address of victims for the purpose of sending copies of motions and notices of hearings under par. (a).

AB75, s. 3397 Section 3397. 976.03 (23) (c) of the statutes is amended to read:

AB75,1646,16 976.03 (23) (c) The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by 2 certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to a judge, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The prosecuting officer, parole earned release review commission, warden or sheriff may also attach such further affidavits and other documents in duplicate as he, she or it deems proper to be submitted with the application. One copy of the application, with the action of the governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information and affidavits, or of the judgment of conviction or of the sentence shall be filed in the office of the governor to remain of record in that office. The other copies of all papers shall be forwarded with the governor's requisition.

AB75, s. 3398 Section 3398. 977.01 (2) of the statutes is amended to read:

AB75,1646,22 977.01 (2) "Public assistance" means relief provided by counties under s. 59.53 (21), Wisconsin works under ss. 49.141 to 49.161, medical assistance under subch. IV of ch. 49, low-income energy assistance under s. 16.27 196.3744, weatherization assistance under s. 16.26 196.3742, and the food stamp program under 7 USC 2011 to 2029.

AB75, s. 3399 Section 3399. 977.02 (9) of the statutes is created to read:

AB75,1647,4 977.02 (9) Promulgate rules establishing the maximum fees that the state public defender may pay for copies, in any format, of materials that are subject to discovery in cases in which the state public defender or counsel assigned under s. 977.08 provides legal representation. In promulgating the rules under this subsection, the board shall consider information regarding the actual, necessary, and direct cost of producing copies of materials that are subject to discovery.

AB75, s. 3400 Section 3400. 977.05 (4) (jm) of the statutes is amended to read:

AB75,1647,11 977.05 (4) (jm) At the request of an inmate determined by the state public defender to be indigent or upon referral of a court the department of corrections under s. 302.113 (9g) (j), represent the inmate in proceedings for modification of a bifurcated sentence under s. 302.113 (9g) before a program review committee and the sentencing court department of corrections, if the state public defender determines the case should be pursued.

AB75, s. 3401 Section 3401. 980.036 (10) of the statutes is amended to read:

AB75,1647,21 980.036 (10) Payment of copying costs in cases involving indigent respondents. When the state public defender or a private attorney appointed under s. 977.08 requests copies, in any format, of any item that is discoverable under this section, the state public defender shall pay any fee charged for the copies from the appropriation account under s. 20.550 (1) (a). If the person providing copies under this section charges the state public defender a fee for the copies, the fee may not exceed the actual, necessary, and, direct cost of providing the copies applicable maximum fee for copies of discoverable materials that is established by rule under s. 977.02 (9).

AB75, s. 3402 Section 3402. 980.08 (9) (a) of the statutes is renumbered 980.08 (9) (a) 1. and amended to read:

AB75,1648,3 980.08 (9) (a) 1. As a condition of supervised release granted under this chapter, for the first year of supervised release, the court shall restrict the person on supervised release to the person's home except for outings that are under the direct supervision of a department of corrections escort and that are for employment purposes, for religious purposes, or for caring for the person's basic living needs.