939.60
939.60
Felony and misdemeanor defined. A crime punishable by imprisonment in the Wisconsin state prisons is a felony. Every other crime is a misdemeanor.
939.60 History
History: 1977 c. 418 s.
924 (18) (e).
939.60 Annotation
A statutory offense punishable by imprisonment of one year or less in an unspecified place of confinement may result in confinement in a state prison and, therefore, is a felony, regardless of the classification of the offense at the time of the statute's enactment. State ex rel. McDonald v. Douglas County Circuit Ct.
100 Wis. 2d 569,
302 N.W.2d 462 (1981).
939.61
939.61
Penalty when none expressed. 939.61(1)
(1) If a person is convicted of an act or omission prohibited by statute and for which no penalty is expressed, the person shall be subject to a forfeiture not to exceed $200.
939.61(2)
(2) If a person is convicted of a misdemeanor under state law for which no penalty is expressed, the person may be fined not more than $500 or imprisoned not more than 30 days or both.
939.61(3)
(3) Common law penalties are abolished.
939.61 History
History: 1977 c. 173.
939.615
939.615
Lifetime supervision of serious sex offenders. 939.615(1)(a)
(a) "Department" means the department of corrections.
939.615(1)(b)
(b) "Serious sex offense" means any of the following:
939.615(1)(b)1.
1. A violation, or the solicitation, conspiracy, or attempt to commit a violation, of
s. 940.22 (2),
940.225 (1),
(2), or
(3),
948.02 (1) or
(2),
948.025 (1),
948.05 (1) or
(1m),
948.055 (1),
948.06,
948.07,
948.075,
948.08,
948.11 (2) (a),
948.12, or
948.13.
939.615(1)(b)2.
2. A violation, or the solicitation, conspiracy or attempt to commit a violation, under
ch. 940,
943,
944 or
948 other than a violation specified in
subd. 1., if the court determines that one of the purposes for the conduct constituting the violation was for the actor's sexual arousal or gratification.
939.615(2)
(2) When lifetime supervision may be ordered. 939.615(2)(a)(a) Except as provided in
par. (b), if a person is convicted of a serious sex offense or found not guilty of a serious sex offense by reason of mental disease or defect, the court may, in addition to sentencing the person, placing the person on probation or, if applicable, committing the person under
s. 971.17, place the person on lifetime supervision by the department if notice concerning lifetime supervision was given to the person under
s. 973.125 and if the court determines that lifetime supervision of the person is necessary to protect the public.
939.615(2)(b)
(b) A court may not place a person on lifetime supervision under this section if the person was previously placed on lifetime supervision under this section for a prior conviction for a serious sex offense or a prior finding of not guilty of a serious sex offense by reason of mental disease or defect and that previous placement on lifetime supervision has not been terminated under
sub. (6).
939.615(2)(c)
(c) If the prosecutor is seeking lifetime supervision for a person who is charged with committing a serious sex offense specified in
sub. (1) (b) 2., the court shall direct that the trier of fact find a special verdict as to whether the conduct constituting the offense was for the actor's sexual arousal or gratification.
939.615(3)
(3) When lifetime supervision begins. Subject to
sub. (4), the period of lifetime supervision on which a person is placed under this section shall begin at whichever of the following times is applicable:
939.615(3)(a)
(a) If the person is placed on probation for the serious sex offense, upon his or her discharge from probation.
939.615(3)(b)
(b) If the person is sentenced to prison for the serious sex offense, upon his or her discharge from parole or extended supervision.
939.615(3)(c)
(c) If the person is sentenced to prison for the serious sex offense and is being released from prison because he or she has reached the expiration date of his or her sentence, upon his or her release from prison.
939.615(3)(d)
(d) If the person has been committed to the department of health and family services under
s. 971.17 for the serious sex offense, upon the termination of his or her commitment under
s. 971.17 (5) or his or her discharge from the commitment under
s. 971.17 (6), whichever is applicable.
939.615(4)
(4) Only one period of lifetime supervision may be imposed. If a person is being sentenced for more than one conviction for a serious sex offense, the court may place the person on one period of lifetime supervision only. A period of lifetime supervision ordered for a person sentenced for more than one conviction begins at whichever of the times specified in
sub. (3) is the latest.
939.615(5)
(5) Status of person placed on lifetime supervision; powers and duties of department. 939.615(5)(a)(a) A person placed on lifetime supervision under this section is subject to the control of the department under conditions set by the court and regulations established by the department that are necessary to protect the public and promote the rehabilitation of the person placed on lifetime supervision.
939.615(5)(am)
(am) The department may temporarily take a person on lifetime supervision into custody if the department has reasonable grounds to believe that the person has violated a condition or regulation of lifetime supervision. Custody under this paragraph may last only as long as is reasonably necessary to investigate whether the person violated a condition or regulation of lifetime supervision and, if warranted, to refer the person to the appropriate prosecuting agency for commencement of prosecution under
sub. (7).
939.615(5)(b)
(b) The department shall charge a fee to a person placed on lifetime supervision to partially reimburse the department for the costs of providing supervision and services. The department shall set varying rates for persons placed on lifetime supervision based on ability to pay and with the goal of receiving at least $1 per day, if appropriate, from each person placed on lifetime supervision. The department may decide not to charge a fee while a person placed on lifetime supervision is exempt as provided under
par. (c). The department shall collect moneys for the fees charged under this paragraph and credit those moneys to the appropriation account under
s. 20.410 (1) (gh).
939.615(5)(c)
(c) The department may decide not to charge a fee under
par. (b) to any person placed on lifetime supervision while he or she meets any of the following conditions:
939.615(5)(c)2.
2. Is pursuing a full-time course of instruction approved by the department.
939.615(5)(c)3.
3. Is undergoing treatment approved by the department and is unable to work.
939.615(5)(c)4.
4. Has a statement from a physician certifying to the department that the person should be excused from working for medical reasons.
939.615(6)
(6) Petition for termination of lifetime supervision. 939.615(6)(a)(a) Subject to
par. (b), a person placed on lifetime supervision under this section may file a petition requesting that lifetime supervision be terminated. A person shall file a petition requesting termination of lifetime supervision with the court that ordered the lifetime supervision.
939.615(6)(b)1.1. A person may not file a petition requesting termination of lifetime supervision if he or she has been convicted of a crime that was committed during the period of lifetime supervision.
939.615(6)(b)2.
2. A person may not file a petition requesting termination of lifetime supervision earlier than 15 years after the date on which the period of lifetime supervision began. If a person files a petition requesting termination of lifetime supervision at any time earlier than 15 years after the date on which the period of lifetime supervision began, the court shall deny the petition without a hearing.
939.615(6)(c)
(c) Upon receiving a petition requesting termination of lifetime supervision, the court shall send a copy of the petition to the district attorney responsible for prosecuting the serious sex offense that was the basis for the order of lifetime supervision. Upon receiving a copy of a petition sent to him or her under this paragraph, a district attorney shall conduct a criminal history record search to determine whether the person has been convicted of a criminal offense that was committed during the period of lifetime supervision. No later than 30 days after the date on which he or she receives the copy of the petition, the district attorney shall report the results of the criminal history record search to the court and may provide a written response to the petition.
939.615(6)(d)
(d) After reviewing the report of the district attorney submitted under
par. (c) concerning the results of a criminal history record search, the court shall do whichever of the following is applicable:
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(6)(i)
(i) If the court grants a petition requesting termination of lifetime supervision and the person is registered with the department under
s. 301.45, the court may also order that the person is no longer required to comply with the reporting requirements under
s. 301.45. This paragraph does not apply to a person who must continue to comply with the reporting requirements for life under
s. 301.45 (5) (b) or for as long as he or she is in this state under
s. 301.45 (5m) (b).
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 I felony if the same conduct that violates
par. (a) also constitutes a crime that is a felony.
Effective date note
NOTE: Subd. 2. is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
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.
939.62
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 imprisonment of one year or less may be increased to not more than 2 years.
Effective date note
NOTE: Par. (a) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(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 imprisonment 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 4 years if the prior conviction was for a felony.
Effective date note
NOTE: Par. (b) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(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 imprisonment 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 6 years if the prior conviction was for a felony.
Effective date note
NOTE: Par. (c) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(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.a.
a. Any felony under
s. 961.41 (1),
(1m) or
(1x) that is a Class A, B, or C felony or, if the felony was committed before February 1, 2003, that is or was punishable by a maximum prison term of 30 years or more.
Effective date note
NOTE: Subdpar. a. is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
939.62 Note
a. Any felony under s. 961.41 (1), (1m) or (1x) if the felony is punishable by a maximum prison term of 30 years or more.
939.62(2m)(a)2m.b.
b. Any felony under s.
940.09 (1), 1999 stats., s.
943.23 (1m) or
(1r), 1999 stats., s.
948.35 (1) (b) or
(c), 1999 stats., or s.
948.36, 1999 stats., or
s. 940.01,
940.02,
940.03,
940.05,
940.09 (1c),
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),
943.32 (2),
946.43 (1m),
948.02 (1) or
(2),
948.025,
948.03 (2) (a) or
(c),
948.05,
948.06,
948.07,
948.075,
948.08, or
948.30 (2).
Effective date note
NOTE: Subdpar. b. is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
939.62 Note
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 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.075, 948.08, 948.30 (2), 948.35 (1) (b) or (c), or 948.36.
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.
