973.03(3)(e)
(e) A court may not provide that a defendant perform community service work under this subsection if the defendant is being sentenced regarding any of the following:
973.03(4)(a)(a) In lieu of a sentence of imprisonment to the county jail, a court may impose a sentence of detention at the defendant's place of residence or other place designated by the court. The length of detention may not exceed the maximum possible period of imprisonment. The detention shall be monitored by the use of an electronic device worn continuously on the defendant's person and capable of providing positive identification of the wearer at the detention location at any time. A sentence of detention in lieu of jail confinement may be imposed only if agreed to by the defendant. The court shall ensure that the defendant is provided a written statement of the terms of the sentence of detention, including a description of the detention monitoring procedures and requirements and of any applicable liability issues. The terms of the sentence of detention may include a requirement that the defendant pay a daily fee to cover the costs associated with monitoring him or her. In that case, the terms must specify to whom the payments are made.
973.03(4)(b)
(b) A person sentenced to detention under
par. (a) is eligible to earn good time in the amount of one-fourth of his or her term for good behavior if sentenced to at least 4 days, but fractions of a day shall be ignored. The person shall be given credit for time served prior to sentencing under
s. 973.155, including good time under
s. 973.155 (4). If the defendant fails to comply with the terms of the sentence of detention, the court may order the defendant brought before the court and the court may order the defendant deprived of good time.
973.03(4)(c)
(c) If the defendant fails to comply with the terms of the sentence of detention, the court may order the defendant brought before the court and the court may order that the remainder of the sentence of detention be served in the county jail.
973.03(5)(b)
(b) In lieu of a continuous sentence, a court may sentence a person to serve a series of periods, not less than 48 hours nor more than 3 days for each period, of imprisonment in a county jail. The person is not subject to confinement between periods of imprisonment.
973.03(5)(c)
(c) A court may not sentence a person under
par. (b) regarding any violation under
ch. 961 or the commission of a serious crime.
973.032
973.032
Sentence to intensive sanctions program. 973.032(1)(1)
Sentence. Beginning July 1, 1992, a court may sentence a person who is convicted of a felony occurring on or after August 15, 1991, but before December 31, 1999, to participate in the intensive sanctions program under
s. 301.048. If a person is convicted of a felony occurring on or after December 31, 1999, a court may not sentence the person to participate in the intensive sanctions program under
s. 301.048.
973.032(2)(a)(a) A court may sentence a person under
sub. (1) if the department provides a presentence investigation report recommending that the person be sentenced to the program. If the department does not make the recommendation, a court may order the department to assess and evaluate the person. After that assessment and evaluation, the court may sentence the person to the program unless the department objects on the ground that it recommends that the person be placed on probation.
973.032(2)(b)
(b) Notwithstanding
par. (a), the court may not sentence a person under
sub. (1) if he or she is convicted of a felony punishable by life imprisonment.
973.032(3)
(3) Limitations. The following apply to a sentence under
sub. (1):
973.032(3)(a)
(a) The court shall provide a maximum period for the sentence, which may not exceed the maximum term of imprisonment that could be imposed on the person, including imprisonment authorized by any penalty enhancement statute.
973.032(3)(b)
(b) The court shall provide a maximum period for placements under
s. 301.048 (3) (a) 1., which may not exceed one year unless the defendant waives this requirement.
973.032(3)(c)2.
2. The court may prescribe reasonable and necessary conditions of the sentence in accordance with
s. 301.048 (3), except the court may not specify a particular Type 1 prison, jail, camp or facility where the offender is to be placed under
s. 301.048 (3) (a) and the court may not restrict the department's authority under
s. 301.048 (3) (b) or
(c).
973.032(4)(b)
(b) The department may request that the court extend the maximum period provided by the court under
sub. (3) (a) or the maximum period provided by the court under
sub. (3) (b) or both. Unless a hearing is voluntarily waived by the person, the court shall hold a hearing on the matter. The court may not extend the maximum period of the sentence beyond the amount allowable under
sub. (3) (a). Except as provided in
par. (c), the court may not extend the maximum period for placements under
s. 301.048 (3) (a) 1. beyond a total, including the original period and all extensions, of 2 years or two-thirds of the maximum term of imprisonment that could have been imposed on the person, whichever is less.
973.032(4)(c)
(c) The court may extend under
par. (b) the maximum period for placements under
s. 301.048 (3) (a) 1. to a period not exceeding two-thirds of the maximum term of imprisonment that could have been imposed on the person under
sub. (3) (a) for his or her sentence to the intensive sanctions program if all of the following apply:
973.032(4)(c)1.
1. The person escaped from a sentence to the intensive sanctions program.
973.032(4)(c)2.
2. The person is sentenced for the escape under
s. 946.42 (4) (b) to a sentence of imprisonment concurrent with the sentence to the intensive sanctions program.
973.032(4)(c)3.
3. The sentence under
subd. 2. exceeds the total of the maximum period originally provided by the court under
sub. (3) (b) for the sentence to the intensive sanctions program and the maximum extensions available under
par. (b).
973.032(6)
(6) Credit. Any sentence credit under
s. 973.155 (1) applies toward service of the period under
sub. (3) (a) but does not apply toward service of the period under
sub. (3) (b).
973.032 Annotation
Where a presentence investigation recommends it, nothing prohibits a court from sentencing a person for whom the sentencing guidelines would recommend probation to the intensive sanctions program. State v. Miller, 180 W (2d) 320, 509 NW (2d) 98 (Ct. App. 1993).
973.032 Annotation
An extension of confinement under this provision may be appealed by common law writ of certiorari. Time for appeal is governed by s. 808.04. State v. Bridges, 195 W (2d) 254, 536 NW (2d) 153 (Ct. App. 1995).
973.032 Annotation
The extension of a placement period under the intensive sanctions program must be based on public safety considerations and the participant's need for punishment and treatment. All that needs to be shown at an extension hearing is that the participant has not made sufficient progress in the program and that more time is required to meet those concerns. State v. Turner, 200 W (2d) 168, 546 NW (2d) 880 (Ct. App. 1996).
973.032 Annotation
The right under s. 972.14 (2) of a defendant to make a statement prior to sentencing does not apply to an extension of a placement under the intensive sanctions program. State v. Turner, 200 W (2d) 168, 546 NW (2d) 880 (Ct. App. 1996).
973.032 Annotation
Intensive Sanctions: A New Sentencing Option. Fiedler. Wis. Law. June 1992.
973.033
973.033
Sentencing; restriction on firearm possession. Whenever a court imposes a sentence or places a defendant on probation regarding a felony conviction, the court shall inform the defendant of the requirements and penalties under
s. 941.29.
973.033 History
History: 1989 a. 142.
973.033 Annotation
Failure to give the warning under this section does not prevent a conviction under s. 941.29. State v. Phillips, 172 W (2d) 391, 493 NW (2d) 270 (Ct. App. 1992).
973.034 History
History: 1995 a. 265;
1997 a. 220.
973.035
973.035
Transfer to state-local shared correctional facilities. Any person serving a sentence of imprisonment to the Wisconsin state prisons, a county jail, a county reforestation camp or a county house of correction or serving a sentence to the intensive sanctions program may be transferred to a state-local shared correctional facility under
s. 302.45 (1).
973.04
973.04
Credit for imprisonment under earlier sentence for the same crime. When a sentence is vacated and a new sentence is imposed upon the defendant for the same crime, the department shall credit the defendant with confinement previously served.
973.04 History
History: 1983 a. 66,
528.
973.04 Annotation
While periods of time served due to an indigent's inability to post bail prior to trial must be credited as time served on a prison sentence imposed, a court need not credit time served by an indigent offender against probationary confinement. State v. Avila, 192 W (2d) 870, 532 NW (2d) 423 (Ct. App. 1995).
973.045
973.045
Crime victim and witness assistance surcharge. 973.045(1)(1) On or after October 1, 1983, if a court imposes a sentence or places a person on probation, the court shall impose a crime victim and witness assistance surcharge calculated as follows:
973.045(2)
(2) After the clerk determines the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under
s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer under
s. 59.25 (3) (f) 2.
973.045(3)(a)(a) The clerk shall record the crime victim and witness surcharge in 2 parts. Part A is the portion that the state treasurer shall credit to the appropriation account under
s. 20.455 (5) (g) and part B is the portion that the state treasurer shall credit to the appropriation account under
s. 20.455 (5) (gc), as follows:
973.045(3)(a)1.
1. Part A equals $30 for each misdemeanor offense or count and $50 for each felony offense or count.
973.045(3)(a)2.
2. Part B equals $20 for each misdemeanor offense or count and $20 for each felony offense or count.
973.045(3)(b)
(b) The person paying the crime victim and witness surcharge shall pay all of the moneys due under part A before he or she pays any of the moneys due under part B.
973.045(4)
(4) If an inmate in a state prison or a person sentenced to a state prison has not paid the crime victim and witness assistance surcharge under this section, the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the state treasurer.
973.046
973.046
Deoxyribonucleic acid analysis surcharge. 973.046(1)(1) If a court imposes a sentence or places a person on probation under any of the following circumstances, the court shall impose a deoxyribonucleic acid analysis surcharge of $250:
973.046(2)
(2) After the clerk of court determines the amount due, the clerk shall collect and transmit the amount to the county treasurer under
s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer under
s. 59.25 (3) (f) 2.
973.046(3)
(3) All moneys collected from deoxyribonucleic acid analysis surcharges shall be deposited by the state treasurer as specified in
s. 20.455 (2) (Lm) and utilized under
s. 165.77.
973.046(4)
(4) If an inmate in a state prison or a person sentenced to a state prison has not paid the deoxyribonucleic acid analysis surcharge under this section, the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the state treasurer.
973.046 Annotation
The requirement in sub. (1) (a) that persons convicted of burglary under s. 943.10 pay the DNA analysis surcharge has no rational basis and is unconstitutional. The remainder of the section is not invalid. State v. Trepanier, 204 W (2d) 505, 555 NW (2d) 394 (Ct. App. 1996).
973.047
973.047
Deoxyribonucleic acid analysis requirements. 973.047(1)(a)(a) If a court imposes a sentence or places a person on probation for a violation of
s. 940.225,
948.02 (1) or
(2) or
948.025, the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis.
973.047(1)(b)
(b) Except as provided in
par. (a), if a court imposes a sentence or places a person on probation for any violation under
ch. 940,
944 or
948 or
ss. 943.01 to
943.15, the court may require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis.
973.047(1)(c)
(c) The results from deoxyribonucleic acid analysis of a specimen under
par. (a) or
(b) may be used only as authorized under
s. 165.77 (3). The state crime laboratories shall destroy any such specimen in accordance with
s. 165.77 (3).
973.047(2)
(2) The department of justice shall promulgate rules providing for procedures for defendants to provide specimens under
sub. (1) and for the transportation of those specimens to the state crime laboratories for analysis under
s. 165.77.
973.047 History
History: 1993 a. 16,
98,
227;
1995 a. 440.
973.048
973.048
Sex offender reporting requirements. 973.048(1m)(1m) Except as provided in
sub. (2m), if a court imposes a sentence or places a person on probation for any violation, or for the solicitation, conspiracy or attempt to commit any violation, under
ch. 940,
944 or
948 or
ss. 943.01 to
943.15, the court may require the person to comply with the reporting requirements under
s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in
s. 980.01 (5), and that it would be in the interest of public protection to have the person report under
s. 301.45.
973.048(2m)
(2m) If a court imposes a sentence or places a person on probation for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of
s. 940.22 (2),
940.225 (1),
(2) or
(3),
944.06,
948.02 (1) or
(2),
948.025,
948.05,
948.055,
948.06,
948.07,
948.08,
948.11 or
948.30, or of
s. 940.30 or
940.31 if the victim was a minor and the person was not the victim's parent, the court shall require the person to comply with the reporting requirements under
s. 301.45 unless the court determines, after a hearing on a motion made by the person, that the person is not required to comply under
s. 301.45 (1m).
973.048(3)
(3) In determining under
sub. (1m) whether it would be in the interest of public protection to have the person report under
s. 301.45, the court may consider any of the following:
973.048(3)(a)
(a) The ages, at the time of the violation, of the person and the victim of the violation.
973.048(3)(b)
(b) The relationship between the person and the victim of the violation.
973.048(3)(d)
(d) Whether the victim suffered from a mental illness or mental deficiency that rendered him or her temporarily or permanently incapable of understanding or evaluating the consequences of his or her actions.
973.048(3)(e)
(e) The probability that the person will commit other violations in the future.
