973.01(2)(b)9.
9. For a Class I felony, the term of confinement in prison may not exceed one year and 6 months.
973.01(2)(b)10.
10. For any crime other than one of the following, the term of confinement in prison may not exceed 75% of the total length of the bifurcated sentence:
973.01(2)(c)1.1. Subject to the minimum period of extended supervision required under
par. (d), the maximum term of confinement in prison specified in
par. (b) may be increased by any applicable penalty enhancement statute. If the maximum term of confinement in prison specified in
par. (b) is increased under this paragraph, the total length of the bifurcated sentence that may be imposed is increased by the same amount.
973.01(2)(c)2.
2. If more than one of the following penalty enhancement statutes apply to a crime, the court shall apply them in the order listed in calculating the maximum term of imprisonment for that crime:
973.01(2)(d)
(d)
Minimum and maximum term of extended supervision. The term of extended supervision may not be less than 25% of the length of the term of confinement in prison imposed under
par. (b). and, for a classified felony, is subject to whichever of the following limits is applicable:
973.01(2)(d)1.
1. For a Class B felony, the term of extended supervision may not exceed 20 years.
973.01(2)(d)2.
2. For a Class C felony, the term of extended supervision may not exceed 15 years.
973.01(2)(d)3.
3. For a Class D felony, the term of extended supervision may not exceed 10 years.
973.01(2)(d)4.
4. For a Class E, F, or G felony, the term of extended supervision may not exceed 5 years.
973.01(2)(d)5.
5. For a Class H felony, the term of extended supervision may not exceed 3 years.
973.01(2)(d)6.
6. For a Class I felony, the term of extended supervision may not exceed 2 years.
973.01(3)
(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).
973.01(3g)
(3g) Earned release program eligibility. When imposing a bifurcated sentence under this section on a person convicted of a crime other than a crime specified in
ch. 940 or
s. 948.02,
948.025,
948.03,
948.05,
948.055,
948.06,
948.07,
948.075,
948.08, or
948.095, the court shall, as part of the exercise of its sentencing discretion, decide whether the person being sentenced is eligible or ineligible to participate in the earned release program under
s. 302.05 (3) during the term of confinement in prison portion of the bifurcated sentence.
973.01(3m)
(3m) Challenge incarceration program eligibility. When imposing a bifurcated sentence under this section on a person convicted of a crime other than a crime specified in
ch. 940 or
s. 948.02,
948.025,
948.03,
948.05,
948.055,
948.06,
948.07,
948.075,
948.08, or
948.095, the court shall, as part of the exercise of its sentencing discretion, decide whether the person being sentenced is eligible or ineligible for the challenge incarceration program under
s. 302.045 during the term of confinement in prison portion of the bifurcated sentence.
973.01(4)
(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), or
973.195 (1r).
973.01(5)
(5) Extended supervision conditions. Whenever the court imposes a bifurcated sentence under
sub. (1), the court may impose conditions upon the term of extended supervision.
973.01(6)
(6) No parole. A person serving a bifurcated sentence imposed under
sub. (1) is not eligible for release on parole under that sentence.
973.01(7)
(7) No discharge. The department of corrections may not discharge a person who is serving a bifurcated sentence from custody, control and supervision until the person has served the entire bifurcated sentence.
973.01(8)(a)(a) When a court imposes a bifurcated sentence under this section, it shall explain, orally and in writing, all of the following to the person being sentenced:
973.01(8)(a)2.
2. The amount of time the person will serve in prison under the term of confinement in prison portion of the sentence.
973.01(8)(a)3.
3. The amount of time the person will spend on extended supervision, assuming that the person does not commit any act that results in the extension of the term of confinement in prison under
s. 302.113 (3).
973.01(8)(a)4.
4. That the amount of time the person must actually serve in prison may be extended as provided under
s. 302.113 (3) and that because of extensions under
s. 302.113 (3) the person could serve the entire bifurcated sentence in prison.
973.01(8)(a)5.
5. That the person will be subject to certain conditions while on release to extended supervision, and that violation of any of those conditions may result in the person being returned to prison, as provided under
s. 302.113 (9).
973.01(8)(ag)
(ag) If the court provides under
sub. (3g) that the person is eligible to participate in the earned release program under
s. 302.05 (3), the court shall also inform the person of the provisions of
s. 302.05 (3) (c).
973.01(8)(am)
(am) If the court provides under
sub. (3m) that the person is eligible for the challenge incarceration program, the court shall also inform the person of the provisions of
s. 302.045 (3m).
973.01(8)(b)
(b) The court's explanation under
par. (a) 3. of a person's potential period of extended supervision does not create a right to a minimum period of extended supervision.
973.01 Annotation
Sub. (2) (c) does not authorize a sentencing court to impose any portion of a penalty enhancer as extended supervision rather than confinement in prison. State v. Jones, 2002 WI App 29,
250 Wis. 2d 77,
640 N.W.2d 151.
973.01 Annotation
While an offender must meet the eligibility requirements of s. 302.045 (2) to participate in the challenge incarceration program the trial court must, pursuant to sub. (3m), also determine if the offender is eligible for the program, in the exercise of its sentencing discretion. State v. Steele, 2001 WI App 160,
246 Wis. 2d 744,
632 N.W.2d 112.
973.01 Annotation
The exercise of sentencing discretion requires the court to exercise its discretion to create a sentence within the range provided by the legislature that reflects the circumstances of the situation and the particular characteristics of the offender. The court must consider the gravity of the offense, the offender's character and the public's need for protection. The weight given to any factor is left to the trial court's discretion. State v. Steele, 2001 WI App 160,
246 Wis. 2d 744,
632 N.W.2d 112.
973.01 Annotation
If a defendant makes a fraudulent representation to the court, which the court accepts and relies upon in granting a sentence, the court may later declare the sentence void, and double jeopardy does not bar a subsequently increased sentence. State v. Jones, 2002 WI App 208, 257 Wis. 2d. 163,
650 N.W.2d 844.
973.01 Annotation
A court may, in specific circumstances, consider credit for time spent in presentence custody as a factor in determining an appropriate sentence. Because the length of the defendant's presentence custody affected the time the defendant would actually spend in prison and the expected incarceration term impacted the circuit court's goal that the defendant receive sex offender treatment in an institutional setting while not remaining incarcerated longer than was necessary to receive treatment, presentence credit was appropriately considered. State v. Fenz, 2002 WI App 244,
258 Wis. 2d 281,
653 N.W.2d 280,
01-1434.
973.01 Annotation
Previously existing rules governing sentencing discretion are not unconstitutional when applied to sentences imposed under this section. State v. Gallion, 2002 WI App 265,
258 Wis. 2d 473,
653 N.W.2d 284.
973.01 Annotation
Sub. (2) (c) does not authorize a sentencing court to impose any portion of a penalty enhancer as extended supervision. State v. Volk, 2002 WI App 274,
258 Wis. 2d 584,
654 N.W.2d 479.
973.01 Annotation
Events subsequent to sentencing and relating to rehabilitation do not constitute a new sentencing factor justifying sentence modification. State v. Champion, 2002 WI App 267,
258 Wis. 2d 781,
654 N.W.2d 242.
973.01 Annotation
Despite the failure to object, a defendant may be entitled to resentencing if the sentence was affected by a trial court's reliance on an improper factor. State v. Groth, 2002 WI App 299,
258 Wis. 2d 889,
655 N.W.2d 163.
973.01 Annotation
When a statutory definition is available that provides a defendant with sufficient notice as to the expected course of conduct and an ascertainable standard for enforcement, the condition of extended supervision is not unconstitutionally vague. The definition of "dating relationship" in s. 813.12 (1) (ag) 1. provided the appellant an objective standard and adequate notice of when a condition applied that required her to introduce any person she was "dating" to her supervising agent. State v. Koenig, 2003 WI App 12,
259 Wis. 2d 833,
656 N.W.2d 499,
02-1076.
973.01 Annotation
Calculation of confinement and extended supervision for the presumptive minimum for unclassified felonies under this section prior to February 1, 2003 amendments are discussed. State v. Cole, 2003 WI 59,
262 Wis. 2d 167,
663 N.W.2d 700,
02-0681.
973.01 Annotation
Resentencing on convictions that remain intact after one or more counts in a multi-count case is vacated is not always required. When the vacated count does not affect the overall dispositional structure of the original sentence, resentencing on the remaining counts is unnecessary. State v. Church, 2003 WI 74,
262 Wis. 2d 678,
665 N.W.2d 141,
01-3100.
973.01 Annotation
Subs. (2) and (5) prohibit confinement in any facility as a condition of extended supervision. Absent express authority, a trial court cannot order confinement as a condition of extended supervision. State v. Larson, 2003 WI App 235,
268 Wis. 2d 162,
672 N.W.2d 322,
03-0019.
973.01 Annotation
A penalty enhancer under s. 939.62 is not subject to bifurcation, nor is it to be added to the underlying term of imprisonment. State v. Jackson 2004 WI 29,
270 Wis. 2d 113,
676 N.W.2d 872,
02-0947.
973.01 Annotation
Sub. (3m) allows a sentencing court to determine not only whether a defendant is eligible for the challenge incarceration program, but also to set a date of eligibility within the term of confinement in prison. State v. Lehman, 2004 WI App 59, ___ Wis. 2d ___,
677 N.W.2d 644,
03-1269.
973.01 Annotation
Requisite to a prima facie valid sentence is a statement by the trial judge detailing the reasons for selecting the particular sentence imposed. Circuit courts shall: 1) specify the objectives of the sentence on the record and identify the general objectives of greatest importance; 2) describe the facts relevant to those objectives and explain why the particular component parts of the sentence imposed advance the specified objectives; 3) identify the factors that were considered in arriving at the sentence and indicate how those factors fit the objectives and influence the decision. State v. Gallion, 2004 WI 42,
270 Wis. 2d 535,
678 N.W.2d 197,
01-0051.
973.01 Annotation
The sentence imposed shall call for the minimum amount of custody or confinement consistent with the protection of the public, the gravity of the offense, and the rehabilitative needs of the defendant. Probation should be the disposition unless confinement is necessary to protect the public, the offender needs correctional treatment available only in confinement, or it would unduly depreciate the seriousness of the offense. State v. Gallion, 2004 WI 42,
270 Wis. 2d 535,
678 N.W.2d 197,
01-0051.
973.01 Annotation
The good character of a victim killed as the result of a crime is relevant to sentencing, but the court should not attempt to measure the relative value of the victim's life. Although there may be circumstances in which the court could weigh the positive contributions and worth of the victim in assessing the harm caused by the crime, it does not follow that there is a right to have a court consider that a victim was a terrible burden on society. State v. Gallion, 2004 WI 42,
270 Wis. 2d 535,
678 N.W.2d 197,
01-0051.
973.01 Annotation
A court, after giving consideration to the relevant sentencing factors, may give disproportionate or controlling weight to a single factor. Balancing the factors is for the trial court. Ordering a lengthy term of supervision in order to enable the defendant to pay a sizeable restitution amount did not violate the right to equal protection. State v. Longmire, 2004 WI App 90, ___ Wis. 2d ___,
681 N.W.2d 354,
03-0300.
973.01 Annotation
Truth-In-Sentencing Comes to Wisconsin. Brennan & Latorraca. Wis. Law. June 2000.
973.01 Annotation
Fully Implementing Truth-In-Sentencing. Hammer & Latorraca. Wis. Law. Nov. 2002.
973.013
973.013
Indeterminate sentence; Wisconsin state prisons. 973.013(1)(a)(a) If imprisonment in the Wisconsin state prisons for a term of years is imposed, the court may fix a term less than the prescribed maximum. The form of such sentence shall be substantially as follows: "You are hereby sentenced to the Wisconsin state prisons for an indeterminate term of not more than .... (the maximum as fixed by the court) years."
973.013(1)(b)
(b) Except as provided in
s. 973.01, the sentence shall have the effect of a sentence at hard labor for the maximum term fixed by the court, subject to the power of actual release from confinement by parole by the department or by pardon as provided by law. If a person is sentenced for a definite time for an offense for which the person may be sentenced under this section, the person is in legal effect sentenced as required by this section, said definite time being the maximum period. A defendant convicted of a crime for which the minimum penalty is life shall be sentenced for life.
973.013(2)
(2) Upon the recommendation of the department, the governor may, without the procedure required by
ch. 304, discharge absolutely, or upon such conditions and restrictions and under such limitation as the governor thinks proper, any inmate committed to the Wisconsin state prisons after he or she has served the minimum term of punishment prescribed by law for the offense for which he or she was sentenced, except that if the term was life imprisonment, 5 years must elapse after release on parole or extended supervision before such a recommendation can be made to the governor. The discharge has the effect of an absolute or conditional pardon, respectively.
973.013(3)
(3) Female persons convicted of a felony may be committed to the Taycheedah Correctional Institution unless they are subject to
sub. (3m).
973.013(3m)
(3m) If a person who has not attained the age of 16 years is sentenced to the Wisconsin state prisons, the department shall place the person at a secured juvenile correctional facility or a secured child caring institution, unless the department determines that placement in an institution under
s. 302.01 is appropriate based on the person's prior record of adjustment in a correctional setting, if any; the person's present and potential vocational and educational needs, interests and abilities; the adequacy and suitability of available facilities; the services and procedures available for treatment of the person within the various institutions; the protection of the public; and any other considerations promulgated by the department by rule. The department may not place any person under the age of 18 years in the correctional institution authorized in
s. 301.16 (1n). This subsection does not preclude the department from designating an adult correctional institution, other than the correctional institution authorized in
s. 301.16 (1n), as a reception center for the person and subsequently transferring the person to a secured juvenile correctional facility or a secured child caring institution.
Section 302.11 and
ch. 304 apply to all persons placed in a secured juvenile correctional facility or a secured child caring institution under this subsection.
973.013(4)
(4) If information under
s. 972.15 (2m) has been provided in a presentence investigation report, the court shall consider that information when sentencing the defendant.
973.013 Annotation
The sentencing judge shall state for the record, in the presence of the defendant, the reasons for selecting the particular sentence imposed or, if the sentencing judge considers it in the interest of the defendant not to state reasons in the presence of the defendant, shall prepare a statement for transmission to the reviewing court as part of the record. McCleary v. State,
49 Wis. 2d 263,
182 N.W.2d 512 (1971).
973.013 Annotation
It was not a denial of equal protection to sentence a defendant to 4 years imprisonment, although other persons involved, all minors, received lesser or no punishment. State v. Schilz,
50 Wis. 2d 395,
184 N.W.2d 134 (1971).
973.013 Annotation
An abuse of discretion, as it relates to sentencing procedures, will be found only if there is no rational basis for the imposition of the sentence or the rationale is not articulated in, or inferable from, the record, or if discretion is exercised on the basis of clearly irrelevant or improper factors. Davis v. State,
52 Wis. 2d 697,
190 N.W.2d 890 (1971).
973.013 Annotation
The seriousness of the offense is a proper criterion for imposing a maximum sentence. While warehousing dangerous individuals is not the sole purpose for imposing long prison terms, it is a legitimate factor for a trial court to consider. Bastian v. State,
54 Wis. 2d 240,
194 N.W.2d 687 (1972).
973.013 Annotation
A prison sentence is reduced to reflect days of pretrial incarceration during which the defendant was unable to raise bail because of indigency. Wilkins v. State,
66 Wis. 2d 628,
225 N.W.2d 492 (1975).
973.013 Annotation
A defendant's change in attitude or rehabilitative progress subsequent to sentencing is a factor to be considered in determining parole but is not a proper consideration upon which a trial court might base a reduction of sentence. State v. Wuensch,
69 Wis. 2d 467,
230 N.W.2d 665 (1975).
973.013 Annotation
Although evidence concerning incidents of sexual activity abroad was relevant as to defendant's character and admissible at the sentencing hearing, the trial court abused its discretion by punishing the defendant not only for the crime of which he stood convicted, but for the events that occurred outside Wisconsin, as indicated by the fact that both sentencing hearings were devoted largely to these foreign incidents. Rosado v. State,
70 Wis. 2d 280,
234 N.W.2d 69 (1975).
973.013 Annotation
The trial court exceeded its jurisdiction by specifying conditions of incarceration. State v. Gibbons,
71 Wis. 2d 94,
237 N.W.2d 33 (1976).
973.013 Annotation
A plea bargain agreement by law enforcement officials not to reveal relevant and pertinent information to the sentencing judge was unenforceable as being against public policy. Grant v. State,
73 Wis. 2d 441,
243 N.W.2d 186 (1976).
973.013 Annotation
Chronic offenses of theft by fraud by promising to marry several persons provided a rational basis for a lengthy sentence. Lambert v. State,
73 Wis. 2d 590,
243 N.W.2d 524 (1976).
973.013 Annotation
A sentencing judge does not deny due process by considering pending criminal charges in determining a sentence. The scope of judicial inquiry prior to sentencing is discussed. Handel v. State,
74 Wis. 2d 699,
247 N.W.2d 711 (1976).
973.013 Annotation
A defendant's refusal to name accomplices was properly considered by the sentencing judge. Because the defendant had pleaded guilty to the crime, self-incrimination would not have resulted from the requested cooperation. Holmes v. State,
76 Wis. 2d 259,
251 N.W.2d 56 (1977).
973.013 Annotation
Courts may correct formal or clerical errors or an illegal sentence at any time. Krueger v. State,
86 Wis. 2d 435,
272 N.W.2d 847 (1979).
973.013 Annotation
The double jeopardy clause did not bar prosecution of a charge after it was considered as evidence of character in sentencing the defendant on a prior unrelated conviction. State v. Jackson,
110 Wis. 2d 548,
329 N.W.2d 182 (1983).
973.013 Annotation
Increasing a sentence following the vacation of a bargained for no contest plea did not violate due process. The test for judicial vindictiveness is discussed. State v. Stubbendick,
110 Wis. 2d 693,
329 N.W.2d 399 (1983).
973.013 Annotation
An 80-year sentence for a first-time sexual offender was not an abuse of discretion. State v. Curbello-Rodriguez,
119 Wis. 2d 414,
351 N.W.2d 758 (Ct. App. 1984).
973.013 Annotation
An unambiguous sentence pronounced orally and recorded in the sentencing transcript controls over the written judgment of conviction. State v. Perry,
136 Wis. 2d 92,
401 N.W.2d 748 (1987).
973.013 Annotation
The sentencing court does not abuse its discretion by considering a victim's statements and recommendations. State v. Johnson,
158 Wis. 2d 458,
463 N.W.2d 352 (Ct. App. 1990).
973.013 Annotation
The primary factors to be considered in exercising discretion in sentencing are: 1) the gravity of the offense; 2) the rehabilitative needs of the defendant; and 3) the protection of the public. State v. Paske,
163 Wis. 2d 52,
471 N.W.2d 55 (1991).
973.013 Annotation
Due process does not require the presence of counsel at a presentence investigation interview of the defendant. State v. Perez,
170 Wis. 2d 130,
487 N.W.2d 630 (Ct. App. 1992).
973.013 Annotation
Whether a particular factor will be considered as a mitigating or aggravating factor will depend on the particular defendant and case. State v. Thompson,
172 Wis. 2d 257,
493 N.W.2d 729 (Ct. App. 1992).
973.013 Annotation
The trial court's possible consideration at sentencing of the defendant's culpability in a more serious offense, although the jury convicted on a lesser included offense, was not error. State v. Marhal,
172 Wis. 2d 491,
493 N.W.2d 758 (Ct. App. 1992). See also State v. Bobbitt,
178 Wis. 2d 11,
503 N.W.2d 11 (Ct. App. 1993).
973.013 Annotation
No specific burden of proof is imposed as to read-in offenses that bear upon sentencing; all sentencing is under the standard for judicial discretion. State v. Hubert,
181 Wis. 2d 333,
510 N.W.2d 799 (Ct. App. 1993).
973.013 Annotation
A sentencing court may consider a defendant's religious beliefs and practices only if a reliable nexus exists between the defendant's criminal conduct and those beliefs and practices. State v. Fuerst,
181 Wis. 2d 903,
512 N.W.2d 243 (Ct. App. 1994).
