973.014 Annotation
The denial of presentence confinement credit when parole was established under sub. (2), 1991stats., [now (1) (b)] was constitutional. State v. Chapman,
175 Wis. 2d 231,
499 N.W.2d 223 (Ct. App. 1993).
973.014 Annotation
Sub. (1) (b) allowed a circuit court to impose a parole eligibility date beyond a defendant's expected lifetime. State v. Setagord,
211 Wis. 2d 397,
565 N.W.2d 506 (1997).
973.014 Annotation
A trial court sentencing a defendant under sub. (1) (b), exercising its discretion, may or may not give credit for presentence incarceration. State v. Seeley,
212 Wis. 2d 75,
567 N.W.2d 897 (Ct. App. 1997).
973.014 Annotation
Parole eligibility is not a statutorily or constitutionally necessary component of a valid plea colloquy in a case in which a life sentence is imposed. State v. Byrge,
225 Wis. 2d 702,
594 N.W.2d 388 (Ct. App. 1999).
973.015
973.015
Misdemeanors, special disposition. 973.015(1)
(1) When a person is under the age of 21 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 imprisonment for one year or less in the county jail, 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.
973.015(2)
(2) A person has successfully completed the sentence if the person has not been convicted of a subsequent offense and, if on probation, the probation has not been revoked and the probationer has satisfied the conditions of probation. Upon successful completion of the sentence the detaining or probationary authority shall issue a certificate of discharge which shall be forwarded to the court of record and which shall have the effect of expunging the record.
973.015 Annotation
An expunged conviction is not admissible to attack a witness's credibility. State v. Anderson,
160 Wis. 2d 435,
466 N.W.2d 681 (Ct. App. 1991).
973.015 Annotation
"Expunge" under this section means to strike or obliterate from the record all references to defendant's name and identity. 67 Atty. Gen. 301.
973.015 Annotation
Circuit courts do not possess inherent powers to expunge or destroy conviction records. 70 Atty. Gen. 115.
973.02
973.02
Place of imprisonment when none expressed. Except as provided in
s. 973.032, if a statute authorizes imprisonment for its violation but does not prescribe the place of imprisonment, a sentence of less than one year shall be to the county jail, a sentence of more than one year shall be to the Wisconsin state prisons and the minimum under the indeterminate sentence law shall be one year, and a sentence of one year may be to either the Wisconsin state prisons or the county jail. In any proper case, sentence and commitment may be to the department or any house of correction or other institution as provided by law or to detention under
s. 973.03 (4).
973.02 Annotation
The legislature is presumed to have been aware of many existing statutes carrying sentences of one year or less with no place of confinement specified when it enacted the predecessor to s. 973.02 as
chapter 154, laws of 1945. State ex rel. McDonald v. Douglas Cty. Cir. Ct.
100 Wis. 2d 569,
302 N.W.2d 462 (1981).
973.02 Annotation
Criminal defendant who receives consecutive sentences that in aggregate exceed one year, but individually are all less than one year, should be incarcerated in county jail rather than Wisconsin prison system.
78 Atty. Gen. 44.
973.03(1)(1) If at the time of passing sentence upon a defendant who is to be imprisoned in a county jail there is no jail in the county suitable for the defendant and no cooperative agreement under
s. 302.44, the court may sentence the defendant to any suitable county jail in the state. The expenses of supporting the defendant there shall be borne by the county in which the crime was committed.
973.03(2)
(2) A defendant sentenced to the Wisconsin state prisons and to a county jail or house of correction for separate crimes shall serve all sentences whether concurrent or consecutive in the state prisons.
973.03(3)(a)(a) If a court sentences a defendant to imprisonment in the county jail, the court may provide that the defendant perform community service work under
pars. (b) and
(c). The defendant earns good time at a rate of one day for each 3 days of work performed. A day of work equals 8 hours of work performed. This good time is in addition to good time authorized under
s. 302.43.
973.03(3)(b)
(b) The court may require that the defendant perform community service work for a public agency or a nonprofit charitable organization. The number of hours of work required may not exceed what would be reasonable considering the seriousness of the offense and any other offense which is read into the record at the time of conviction. An order may only apply if agreed to by the defendant and the organization or agency. The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored.
973.03(3)(c)
(c) Any organization or agency acting in good faith to which a defendant is assigned pursuant to an order under this subsection has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the defendant.
973.03(3)(d)
(d) This subsection applies to persons who are sentenced to a county jail but are transferred to a Huber facility under
s. 303.09, to a county work camp under
s. 303.10 or to a tribal jail under
s. 302.445.
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 or has at any time been convicted, adjudicated delinquent or found not guilty or not responsible by reason of insanity or mental disease, defect or illness for committing a violent offense, as defined in
s. 301.048 (2) (bm).
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
When 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 Wis. 2d 320,
509 N.W.2d 98 (Ct. App. 1993).
973.032 Annotation
An extension of confinement under this provision may be appealed by common law writ of certiorari. The time for appeal is governed by s. 808.04. State v. Bridges,
195 Wis. 2d 254,
536 N.W.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 Wis. 2d 168,
546 N.W.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 Wis. 2d 168,
546 N.W.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 Wis. 2d 391,
493 N.W.2d 270 (Ct. App. 1992).
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 Wis. 2d 870,
532 N.W.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.
