AB775: Bill Text

LRB-5131/1

EAW:amn

2019 - 2020 LEGISLATURE

2019 Assembly BILL 775

January 22, 2020 - Introduced by Representatives Bowen, Novak, Crowley, Anderson, Billings, Brostoff, Considine, Goyke, Gruszynski, Kolste, L. Myers, Neubauer, Spreitzer, Stubbs, Subeck, Stuck, C. Taylor, Zamarripa and Cabrera, cosponsored by Senators L. Taylor, Johnson, Larson and Smith. Referred to Committee on Criminal Justice and Public Safety.

AB775,1,7 An Act to amend 302.113 (title), 302.113 (1), 302.113 (2), 302.114 (1), 303.065 (1) (b) 1., 304.02 (5), 304.06 (1) (b), 304.071 (2), 939.616 (1g), 939.62 (2m) (b) (intro.), 950.04 (1v) (gm), 950.04 (1v) (m), 973.01 (3), 973.01 (4), 973.014 (1) (intro.), 973.014 (1g) (a) (intro.), 973.15 (2m) (a) 1. and 978.07 (1) (c) 1.; and to create 973.014 (3), 973.017 (2c), 973.018 and 977.05 (4) (i) 10. of the statutes; relating to: sentencing for crimes committed by a person who is under the age of 18.

Analysis by the Legislative Reference Bureau

This bill creates a sentence adjustment procedure for a “youthful offender,” defined under the bill as a person who committed a crime before he or she turned 18 years old. This bill also prohibits a court from sentencing a youthful offender to life imprisonment without the possibility of parole or release to extended supervision, and creates new mitigating factors in the sentencing criteria when sentencing a youthful offender. Finally, this bill eliminates statutory mandatory life sentences without parole for youthful offenders in order to align with federal constitutional law.

Under current law, an inmate can petition to reduce the confinement portion of his or her bifurcated sentence after serving a certain proportion of the sentence. An inmate who is serving a life sentence can petition to be released to extended supervision or parole after serving at least 20 years of his or her sentence or after another date set by the sentencing court. This bill creates a new procedure for a youthful offender, including a youthful offender who is serving a life sentence, to receive a sentence adjustment after serving 15 years of his or her sentence. Under the bill, one year before the inmate is eligible to petition for the sentence adjustment, the Department of Corrections is required to notify the youthful offender of his or her eligibility. The court may reduce the term of imprisonment for the youthful offender and may modify the conditions of parole or extended supervision if the court determines that the interests of justice warrant a reduction, taking into account the factors enumerated in the bill. If the court denies the petition under the bill, the youthful offender may petition again every five years, up to five times. Under the bill, DOC is required to send a notice to all youthful offenders who have served at least 14 years of their sentences within six months after the bill takes effect.

Under current law, when a court makes a sentencing decision, it must consider certain guidelines, including whether there were any aggravating factors present. Under this bill, when a court is sentencing a youthful offender, it must also consider mitigating factors related to the age and maturity of the youthful offender. These sentencing guidelines for youthful offenders take effect retroactively under the bill, meaning that they apply to any conviction for which sentencing has already occurred.

Under current law, if a person is convicted of a serious felony on three separate occasions or a serious child sex offense on two separate occasions, the person is subject to a mandatory life sentence without the possibility of parole or extended supervision. However, in Miller v. Alabama, 567 U.S. 460 (2012), the U.S. Supreme Court held that imposing a mandatory life sentence without parole for a juvenile constitutes cruel and unusual punishment and therefore violates the eighth amendment of the Constitution. This bill clarifies that the statutory mandatory sentence of life imprisonment without the possibility of parole or extended supervision for repeat offenders does not apply to youthful offenders. This bill also prohibits a court from imposing a life sentence without the possibility of parole or extended supervision for a youthful offender. These changes to sentencing also apply retroactively under the bill.

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:

AB775,1 Section 1. 302.113 (title) of the statutes is amended to read:

AB775,2,3 302.113 (title) Release to extended supervision for felony offenders not serving life sentences and youthful offenders.

AB775,2 Section 2. 302.113 (1) of the statutes is amended to read:

AB775,3,5 302.113 (1) An inmate is subject to this section if he or she is serving a bifurcated sentence imposed under s. 973.01 or, if the inmate is a youthful offender, as defined in s. 973.014 (3) (a), a life sentence imposed under s. 973.014 (3) (b) or (c) or, if the youthful offender is sentenced before the effective date of this subsection .... [LRB inserts date], s. 973.014 (1g).

AB775,3 Section 3. 302.113 (2) of the statutes is amended to read:

AB775,3,11 302.113 (2) Except as provided in subs. (3) and (9), an inmate subject to this section is entitled to release to extended supervision after he or she has served the term of confinement in prison portion of the sentence imposed under s. 973.01, as modified by the sentencing court under sub. (9g) or s. 302.045 (3m) (b) 1., 302.05 (3) (c) 2. a., 973.018, 973.195 (1r), or 973.198, if applicable.

AB775,4 Section 4. 302.114 (1) of the statutes is amended to read:

AB775,3,18 302.114 (1) An inmate is subject to this section if he or she is serving a life sentence imposed under s. 973.014 (1g) (a) 1. or 2. An inmate serving a life sentence under s. 939.62 (2m) or 973.014 (1g) (a) 3. is not eligible for release to extended supervision under this section. This section does not apply to a youthful offender, as defined in s. 973.014 (3) (a), who was sentenced under s. 973.014 (1g) before the effective date of this subsection .... [LRB inserts date].

AB775,5 Section 5. 303.065 (1) (b) 1. of the statutes is amended to read:

AB775,3,25 303.065 (1) (b) 1. A person serving a life sentence, other than a life sentence specified in subd. 2., may be considered for work release only after he or she has reached parole eligibility under s. 304.06 (1) (b) or 973.014 (1) (a) or (b) or (3) (b), whichever is applicable, or he or she has reached his or her extended supervision eligibility date under s. 302.114 (9) (am) or 973.014 (1g) (a) 1. or 2. or (3) (c), whichever is applicable.

AB775,6 Section 6. 304.02 (5) of the statutes is amended to read:

AB775,4,4 304.02 (5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life sentence under s. 939.62 (2m) (c) or 973.014 (1) (c) or , (1g), or (3) (c) is not eligible for release to parole supervision under this section.

AB775,7 Section 7. 304.06 (1) (b) of the statutes is amended to read:

AB775,4,21 304.06 (1) (b) Except as provided in s. 961.49 (2), 1999 stats., sub. (1m) or s. 302.045 (3), 302.05 (3) (b), 973.01 (6), or 973.0135 , or 973.018, the parole commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25 percent of the sentence imposed for the offense, or 6 months, whichever is greater. Except as provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g) or, (2), or (3) (b) or (c), the parole commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension under s. 302.11 (1q) and (2), or reduction under s. 973.018, if applicable. The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing.

AB775,8 Section 8. 304.071 (2) of the statutes is amended to read:

AB775,4,25 304.071 (2) If a prisoner is not eligible for parole under s. 961.49 (2), 1999 stats., or s. 939.62 (2m) (c), 973.01 (6), 973.014 (1) (c) or , (1g), or (3) (c), or 973.032 (5), he or she is not eligible for parole under this section.

AB775,9 Section 9. 939.616 (1g) of the statutes is amended to read:

AB775,5,6 939.616 (1g) If a person is convicted of a violation of s. 948.02 (1) (am) or 948.025 (1) (a), notwithstanding s. 973.014 (1g) (a) 1. and 2. and except as provided under s. 973.018, the court may not make an extended supervision eligibility date determination on a date that will occur before the person has served a 25-year term of confinement in prison.

AB775,10 Section 10. 939.62 (2m) (b) (intro.) of the statutes is amended to read:

AB775,5,10 939.62 (2m) (b) (intro.) The actor is a persistent repeater if the offense for which he or she is presently being sentenced was committed after he or she attained the age of 18 and one of the following applies:

AB775,11 Section 11. 950.04 (1v) (gm) of the statutes is amended to read:

AB775,5,14 950.04 (1v) (gm) To have reasonable attempts made to notify the victim of petitions for sentence adjustment as provided under s. 973.018 (3) (e), 973.09 (3m), 973.195 (1r) (d), or 973.198.

AB775,12 Section 12. 950.04 (1v) (m) of the statutes is amended to read:

AB775,5,18 950.04 (1v) (m) To provide statements concerning sentencing, disposition, or parole, as provided under ss. 304.06 (1) (e), 938.32 (1) (b) 1g., 938.335 (3m) (ag), and 972.14 (3) (a), and 973.018 (4) (d).

AB775,13 Section 13. 973.01 (3) of the statutes is amended to read:

AB775,5,22 973.01 (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) or (3).

AB775,14 Section 14. 973.01 (4) of the statutes is amended to read:

AB775,6,4 973.01 (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), 302.05 (3) (c) 2. a., 302.113 (9g), 973.018, 973.195 (1r), or 973.198.

AB775,15 Section 15. 973.014 (1) (intro.) of the statutes is amended to read:

AB775,6,9 973.014 (1) (intro.) Except as provided in sub. (2) or (3), when a court sentences a person to life imprisonment for a crime committed on or after July 1, 1988, but before December 31, 1999, the court shall make a parole eligibility determination regarding the person and choose one of the following options:

AB775,16 Section 16. 973.014 (1g) (a) (intro.) of the statutes is amended to read:

AB775,6,14 973.014 (1g) (a) (intro.) Except as provided in sub. (2) or (3), when a court sentences a person to life imprisonment for a crime committed on or after December 31, 1999, the court shall make an extended supervision eligibility date determination regarding the person and choose one of the following options:

AB775,17 Section 17. 973.014 (3) of the statutes is created to read:

AB775,6,17 973.014 (3) (a) In this subsection, “youthful offender” means a person who committed an offense before the person attained the age of 18 years.

AB775,6,20 (b) When a court sentences a youthful offender to life imprisonment for a crime committed on or after July 1, 1988, but before December 31, 1999, the court shall set a date on which the youthful offender is eligible for parole.

AB775,6,23 (c) When a court sentences a youthful offender to life imprisonment for a crime committed on or after December 31, 1999, the court shall set a date on which the youthful offender is eligible for release to extended supervision.