939.615(6)(d)1.
1. If the report of the district attorney indicates that the person filing the petition has been convicted of a criminal offense that was committed during the period of lifetime supervision, the court shall deny the person's petition without a hearing.
939.615(6)(d)2.
2. If the report of the district attorney indicates that the person filing the petition has not been convicted of a criminal offense that was committed during the period of lifetime supervision, the court shall order the person to be examined under
par. (e), shall notify the department that it may submit a report under
par. (em) and shall schedule a hearing on the petition to be conducted as provided under
par. (f).
939.615(6)(e)
(e) A person filing a petition requesting termination of lifetime supervision who is entitled to a hearing under
par. (d) 2. shall be examined by a person who is either a physician or a psychologist licensed under
ch. 455 and who is approved by the court. The physician or psychologist who conducts an examination under this paragraph shall prepare a report of his or her examination that includes his or her opinion of whether the person petitioning for termination of lifetime supervision is a danger to public. The physician or psychologist shall file the report of his or her examination with the court within 60 days after completing the examination, and the court shall provide copies of the report to the person filing the petition and the district attorney who received a copy of the person's petition under
par. (c). The contents of the report shall be confidential until the physician or psychologist testifies at a hearing under
par. (f). The person petitioning for termination of lifetime supervision shall pay the cost of an examination required under this paragraph.
939.615(6)(em)
(em) After it receives notification from the court under
par. (d) 2., the department may prepare and submit to the court a report concerning a person who has filed a petition requesting termination of lifetime supervision. If the department prepares and submits a report under this paragraph, the report shall include information concerning the person's conduct while on lifetime supervision and an opinion as to whether lifetime supervision of the person is still necessary to protect the public. When a report prepared under this paragraph has been received by the court, the court shall, before the hearing under
par. (f), disclose the contents of the report to the attorney for the person who filed the petition and to the district attorney. When the person who filed the petition is not represented by an attorney, the contents shall be disclosed to the person.
939.615(6)(f)
(f) A hearing on a petition requesting termination of lifetime supervision may not be conducted until the person filing the petition has been examined and a report of the examination has been filed as provided under
par. (e). At the hearing, the court shall take evidence it considers relevant to determining whether lifetime supervision should be continued because the person who filed the petition is a danger to the public. The person who filed the petition and the district attorney who received the petition under
par. (c) may offer evidence relevant to the issue of the person's dangerousness and the continued need for lifetime supervision.
939.615(6)(g)
(g) The court may grant a petition requesting termination of lifetime supervision if it determines after a hearing under
par. (f) that lifetime supervision is no longer necessary to protect the public.
939.615(6)(h)
(h) If a petition requesting termination of lifetime supervision is denied after a hearing under
par. (f), the person may not file a subsequent petition requesting termination of lifetime supervision until at least 3 years have elapsed since the most recent petition was denied.
939.615(7)
(7) Penalty for violation of a condition of lifetime supervision. 939.615(7)(a)(a) No person placed on lifetime supervision under this section may knowingly violate a condition or regulation of lifetime supervision established by the court or by the department.
939.615(7)(b)1.1. Except as provided in
subd. 2., whoever violates
par. (a) is guilty of a Class A misdemeanor.
939.615(7)(b)2.
2. Whoever violates
par. (a) is guilty of a Class E felony if the same conduct that violates
par. (a) also constitutes a crime that is a felony.
939.615(7)(c)
(c) If a person is convicted of violating
par. (a) for the same conduct that resulted in the person being convicted of another crime, the sentence imposed for the violation of
par. (a) shall be consecutive to any sentence imposed for the other crime.
939.615 History
History: 1997 a. 275.
939.62
939.62
Increased penalty for habitual criminality. 939.62(1)(1) If the actor is a repeater, as that term is defined in
sub. (2), and the present conviction is for any crime for which imprisonment may be imposed (except for an escape under
s. 946.42 or a failure to report under
s. 946.425) the maximum term of imprisonment prescribed by law for that crime may be increased as follows:
939.62(1)(a)
(a) A maximum term of one year or less may be increased to not more than 3 years.
939.62(1)(b)
(b) A maximum term of more than one year but not more than 10 years may be increased by not more than 2 years if the prior convictions were for misdemeanors and by not more than 6 years if the prior conviction was for a felony.
939.62(1)(c)
(c) A maximum term of more than 10 years may be increased by not more than 2 years if the prior convictions were for misdemeanors and by not more than 10 years if the prior conviction was for a felony.
939.62(2)
(2) The actor is a repeater if the actor was convicted of a felony during the 5-year period immediately preceding the commission of the crime for which the actor presently is being sentenced, or if the actor was convicted of a misdemeanor on 3 separate occasions during that same period, which convictions remain of record and unreversed. It is immaterial that sentence was stayed, withheld or suspended, or that the actor was pardoned, unless such pardon was granted on the ground of innocence. In computing the preceding 5-year period, time which the actor spent in actual confinement serving a criminal sentence shall be excluded.
939.62(2m)(a)1m.b.
b. A crime at any time under federal law or the law of any other state or, prior to July 16, 1998, under the law of this state that is comparable to a crime specified in
subd. 1m. a.
939.62(2m)(a)2m.b.
b. Any felony under
s. 940.01,
940.02,
940.03,
940.05,
940.09 (1),
940.16,
940.19 (5),
940.195 (5),
940.21,
940.225 (1) or
(2),
940.305,
940.31,
941.327 (2) (b) 4.,
943.02,
943.10 (2),
943.23 (1g),
(1m) or
(1r),
943.32 (2),
946.43,
948.02 (1) or
(2),
948.025,
948.03 (2) (a) or
(c),
948.05,
948.06,
948.07,
948.08,
948.30 (2),
948.35 (1) (b) or
(c) or
948.36.
939.62 Note
NOTE: Subdpar. b. is shown as affected by three acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
939.62(2m)(a)2m.d.
d. A crime at any time under federal law or the law of any other state or, prior to April 28, 1994, under the law of this state that is comparable to a crime specified in
subd. 2m. a.,
b. or
c.
939.62(2m)(b)
(b) The actor is a persistent repeater if one of the following applies:
939.62(2m)(b)1.
1. The actor has been convicted of a serious felony on 2 or more separate occasions at any time preceding the serious felony for which he or she presently is being sentenced under
ch. 973, which convictions remain of record and unreversed and, of the 2 or more previous convictions, at least one conviction occurred before the date of violation of at least one of the other felonies for which the actor was previously convicted.
939.62(2m)(b)2.
2. The actor has been convicted of a serious child sex offense on at least one occasion at any time preceding the date of violation of the serious child sex offense for which he or she presently is being sentenced under
ch. 973, which conviction remains of record and unreversed.
939.62(2m)(bm)
(bm) For purposes of counting a conviction under
par. (b), it is immaterial that the sentence for the previous conviction was stayed, withheld or suspended, or that the actor was pardoned, unless the pardon was granted on the ground of innocence.
939.62(2m)(c)
(c) If the actor is a persistent repeater, the term of imprisonment for the felony for which the persistent repeater presently is being sentenced under
ch. 973 is life imprisonment without the possibility of parole or extended supervision.
939.62 Note
NOTE: Par. (c) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
939.62(2m)(d)
(d) If a prior conviction is being considered as being covered under
par. (a) 1m. b. or
2m. d. as comparable to a felony specified under
par. (a) 1m. a. or
2m. a.,
b. or
c., the conviction may be counted as a prior conviction under
par. (b) only if the court determines, beyond a reasonable doubt, that the violation relating to that conviction would constitute a felony specified under
par. (a) 1m. a. or
2m. a.,
b. or
c. if committed by an adult in this state.
939.62(3)
(3) In this section "felony" and "misdemeanor" have the following meanings:
939.62(3)(a)
(a) In case of crimes committed in this state, the terms do not include motor vehicle offenses under
chs. 341 to
349 and offenses handled through proceedings in the court assigned to exercise jurisdiction under
chs. 48 and
938, but otherwise have the meanings designated in
s. 939.60.
939.62(3)(b)
(b) In case of crimes committed in other jurisdictions, the terms do not include those crimes which are equivalent to motor vehicle offenses under
chs. 341 to
349 or to offenses handled through proceedings in the court assigned to exercise jurisdiction under
chs. 48 and
938.Otherwise, felony means a crime which under the laws of that jurisdiction carries a prescribed maximum penalty of imprisonment in a prison or penitentiary for one year or more. Misdemeanor means a crime which does not carry a prescribed maximum penalty sufficient to constitute it a felony and includes crimes punishable only by a fine.
939.62 Cross-reference
Cross-reference: For procedure, see s.
973.12.
939.62 Annotation
See note to Art. I, sec. 6, citing Hanson v. State, 48 W (2d) 203, 179 NW (2d) 909.
939.62 Annotation
A repeater charge must be withheld from jury's knowledge since it is relevant only to sentencing. Mulkovich v. State, 73 W (2d) 464, 243 NW (2d) 198.
939.62 Annotation
Because this section authorizes penalty enhancement only when maximum underlying sentence is imposed, enhancement portion of sub-maximum sentence is vacated as abuse of sentencing discretion. State v. Harris, 119 W (2d) 612, 350 NW (2d) 633 (1984).
939.62 Annotation
In (2), "convicted of a misdemeanor on 3 separate occasions" requires 3 separate misdemeanors, not 3 separate court appearances. State v. Wittrock, 119 W (2d) 664, 350 NW (2d) 647 (1984).
939.62 Annotation
Court's acceptance of guilty plea or verdict is sufficient to trigger operation of this section; completion of sentencing procedure is not prerequisite. State v. Wimmer, 152 W (2d) 654, 449 NW (2d) 621 (Ct. App. 1989).
939.62 Annotation
Felony convictions entered following waiver from juvenile court are proper basis for repeater allegation; offenses were not "handled through" ch. 48. State v. Kastner, 156 W (2d) 371, 457 NW (2d) 331 (Ct. App. 1990).
939.62 Annotation
Sub. (1) is applicable when concurrent maximum sentences are imposed for multiple offenses. Consecutive sentences are not required. State v. Davis, 165 W (2d) 78, 477 NW (2d) 307 (Ct. App. 1991).
939.62 Annotation
See note to 161.48 citing State v. Ray, 166 W (2d) 855, 481 NW (2d) 288 (Ct. App. 1992).
939.62 Annotation
Each conviction for a misdemeanor constitutes a "separate occasion" for purposes of (2). State v. Hopkins, 168 W (2d) 802, 484 NW (2d) 549 (1992).
939.62 Annotation
Enhancement of sentence under this section did not violate double jeopardy. State v. James, 169 W (2d) 490, 485 NW (2d) 436 (Ct. App. 1992).
939.62 Annotation
This section does not grant a trial court authority to increase a punitive sanction for contempt of court. State v. Carpenter, 179 W (2d) 838, 508 NW (2d) 69 (Ct. App. 1993).
939.62 Annotation
The state is charged with proving a prior conviction and that it lies within the 5-year window of sub. (2). State v. Goldstein, 182 W (2d) 251, 513 NW (2d) 631 (Ct. App. 1994).
939.62 Annotation
A guilty plea without a specific admission to repeater allegations is not sufficient to establish the facts necessary to impose the repeater penalty enhancer. State v. Zimmermann, 185 W (2d) 549, 518 NW (2d) 303 (Ct. App. 1994).
939.62 Annotation
When a defendant does not admit to habitual criminality, the state must prove the alleged repeater status beyond a reasonable doubt. State v. Theriault, 187 W (2d) 125, 522 NW (2d) 264 (Ct. App. 1994).
939.62 Annotation
A commitment under the Sex Crimes Law, ch. 975, is not a sentence under sub. (2). State v. Kruzycki, 192 W (2d) 509, 531 NW (2d) 429 (Ct. App. 1995).
939.62 Annotation
Sub. (2m) (b) is constitutional. It does not violate the guaranty against cruel and unusual punishment, the principal of separation of powers or the guaranty of equal protection. State v. Lindsey, 203 W (2d) 423, 554 NW (2d) 215 (Ct. App. 1996).
939.62 Annotation
A conviction for purposes of sub. (2) occurs when the judgment of conviction under s. 972.13 is entered and not from the date the guilt is found. Mikrut v. State, 212 W (2d) 859, 569 NW (2d) 765 (Ct. App. 1997).
939.62 Annotation
Section 973.13 commands that all sentences in excess of that authorized by law be declared void, including the repeater portion of a sentence. Prior postconviction motions that failed to challenge the validity of the sentence do not bar seeking relief from faulty repeater sentences. State v. Flowers, 221 W (2d) 20, ___ NW (2d) ___ (Ct. App. 1998).
939.621
939.621
Increased penalty for certain domestic abuse offenses. If a person commits an act of domestic abuse, as defined in
s. 968.075 (1) (a) and the act constitutes the commission of a crime, the maximum term of imprisonment for that crime may be increased by not more than 2 years if the crime is committed during the 72 hours immediately following an arrest for a domestic abuse incident, as set forth in
s. 968.075 (5). The 72-hour period applies whether or not there has been a waiver by the victim under
s. 968.075 (5) (c). The victim of the domestic abuse crime does not have to be the same as the victim of the domestic abuse incident that resulted in the arrest. The penalty increase under this section changes the status of a misdemeanor to a felony.
939.621 History
History: 1987 a. 346;
1995 a. 304.
939.622
939.622
Committing a serious sex crime while infected with acquired immuno deficiency syndrome, HIV or a sexually transmitted disease. 939.622(1)(a)
(a) "HIV" means any strain of human immunodeficiency virus, which causes acquired immunodeficiency syndrome.
939.622(1)(c)
(c) "Sexually transmitted disease" means syphilis, gonorrhea, hepatitis B, hepatitis C or chlamydia.
939.622(1)(d)
(d) "Significantly exposed" means sustaining a contact which carries a potential for transmission of a sexually transmitted disease or HIV by one or more of the following:
939.622(1)(d)1.
1. Transmission, into a body orifice or onto mucous membrane, of blood; semen; vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial or amniotic fluid; or other body fluid that is visibly contaminated with blood.
939.622(1)(d)2.
2. Exchange, during the accidental or intentional infliction of a penetrating wound, including a needle puncture, of blood; semen; vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial or amniotic fluid; or other body fluid that is visibly contaminated with blood.
939.622(1)(d)3.
3. Exchange, into an eye, an open wound, an oozing lesion, or other place where a significant breakdown in the epidermal barrier has occurred, of blood; semen; vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial or amniotic fluid; or other body fluid that is visibly contaminated with blood.
939.622(2)
(2) The maximum term of imprisonment for a serious sex crime may be increased by not more than 5 years if all of the following apply:
939.622(2)(a)
(a) At the time that he or she commits the serious sex crime, the person convicted of committing the serious sex crime has a sexually transmitted disease or acquired immunodeficiency syndrome or has had a positive test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV.
939.622(2)(b)
(b) At the time that he or she commits the serious sex crime, the person convicted of committing the serious sex crime knows that he or she has a sexually transmitted disease or acquired immunodeficiency syndrome or that he or she has had a positive test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV.
939.622(2)(c)
(c) The victim of the serious sex crime was significantly exposed to HIV or to the sexually transmitted disease, whichever is applicable, by the acts constituting the serious sex crime.
939.622(3)
(3) This section provides for the enhancement of the maximum term of imprisonment provided for the underlying crime. The court shall direct that the trier of fact find a special verdict as to all of the issues specified in
sub. (2).
939.622 History
History: 1997 a. 276.
939.623
939.623
Increased penalty; repeat serious sex crimes. 939.623(2)
(2) If a person has one or more prior convictions for a serious sex crime and subsequently commits a serious sex crime, the court shall sentence the person to not less than 5 years' imprisonment, but otherwise the penalties for the crime apply, subject to any applicable penalty enhancement. The court shall not place the defendant on probation.
939.623 History
History: 1993 a. 97,
227;
1997 a. 326.
939.624
939.624
Increased penalty; repeat serious violent crimes. 939.624(2)
(2) If a person has one or more prior convictions for a serious violent crime or a crime punishable by life imprisonment and subsequently commits a serious violent crime, the court shall sentence the person to not less than 5 years' imprisonment, but otherwise the penalties for the crime apply, subject to any applicable penalty enhancement. The court shall not place the defendant on probation.
939.624 History
History: 1993 a. 97.
939.625
939.625
Increased penalty for criminal gang crimes. 939.625(1)(a)(a) If a person is convicted of a crime under
chs. 939 to
948 or
961 committed for the benefit of, at the direction of or in association with any criminal gang, with the specific intent to promote, further or assist in any criminal conduct by criminal gang members, the penalties for the underlying crime are increased as provided in
par. (b).
