Amendment SSA1-AB75

AB75-SSA1, s. 3356 Section 3356. 948.45 (2) of the statutes is repealed.

AB75-SSA1, s. 3357 Section 3357. 949.01 (2) of the statutes is amended to read:

AB75-SSA1,1705,6 949.01 (2) "Dependent" means any spouse, domestic partner under ch. 770, parent, grandparent, stepparent, child, stepchild, adopted child, grandchild, brother, sister, half brother, half sister, or parent of spouse or of domestic partner under ch. 770, of a deceased victim who was wholly or partially dependent upon the victim's income at the time of the victim's death and includes any child of the victim born after the victim's death.

AB75-SSA1, s. 3358 Section 3358. 949.06 (1m) (a) of the statutes is amended to read:

AB75-SSA1,1705,12 949.06 (1m) (a) In this subsection, "family member" means any spouse, domestic partner under ch. 770, parent, grandparent, stepparent, child, stepchild, adopted child, grandchild, foster child, treatment foster child, brother, sister, half brother, half sister, aunt, uncle, nephew, niece, or parent or sibling of spouse or of domestic partner under ch. 770.

AB75-SSA1, s. 3359 Section 3359 . 949.06 (1m) (a) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

AB75-SSA1,1705,19 949.06 (1m) (a) In this subsection, "family member" means any spouse, domestic partner under s. 770.05, parent, grandparent, stepparent, child, stepchild, adopted child, grandchild, foster child, treatment foster child, brother, sister, half brother, half sister, aunt, uncle, nephew, niece, or parent or sibling of spouse or of a domestic partner under ch. 770.

AB75-SSA1, s. 3360 Section 3360. 950.04 (1v) (f) of the statutes is amended to read:

AB75-SSA1,1705,23 950.04 (1v) (f) To have the parole earned release review commission make a reasonable attempt to notify the victim of applications for parole or release to extended supervision, as provided under s. 304.06 (1).

AB75-SSA1, s. 3360n Section 3360n. 950.04 (1v) (g) of the statutes is amended to read:

AB75-SSA1,1706,3 950.04 (1v) (g) To have reasonable attempts made to notify the victim of hearings or court proceedings, as provided under ss. 302.113 (9g) (g) 2., 302.114 (6), 938.27 (4m) and (6), 938.273 (2), 971.095 (3) and 972.14 (3) (b).

AB75-SSA1, s. 3361 Section 3361. 950.04 (1v) (gm) of the statutes is amended to read:

AB75-SSA1,1706,9 950.04 (1v) (gm) To have reasonable attempts made to notify the victim of petitions an offender who submits a petition for sentence adjustment as provided under s. 973.195 (1r) (d), an offender who applies for release to extended supervision under s. 302.113 (2) (b), 302.1135, or 304.06 (1), or an offender who applies for a reduction under s. 973.01 (4m).

AB75-SSA1, s. 3362 Section 3362. 950.04 (1v) (nt) of the statutes is amended to read:

AB75-SSA1,1706,13 950.04 (1v) (nt) To attend a hearing on a petition for modification of a bifurcated sentence and provide a statement concerning modification of the bifurcated sentence, as provided under s. 302.113 (9g) (d) 302.1135 (4).

AB75-SSA1, s. 3362m Section 3362m. 950.04 (1v) (qm) of the statutes is repealed.

AB75-SSA1, s. 3364 Section 3364. 961.41 (5) (c) 1. of the statutes is amended to read:

AB75-SSA1,1706,18 961.41 (5) (c) 1. The first $850,000 plus two-thirds of all moneys in excess of $1,275,000 collected in each fiscal year from drug surcharges under this subsection shall be credited to the appropriation account under s. 20.435 (6) (5) (gb).

AB75-SSA1, s. 3364g Section 3364g. 969.13 (4) of the statutes is amended to read:

AB75-SSA1,1707,7 969.13 (4) Notice of the order of forfeiture under sub. (1) shall be mailed forthwith by the clerk to the defendant and the defendant's sureties at their last addresses. If the defendant does not appear and surrender to the court within 30 days from the date of the forfeiture and within such period the defendant or the defendant's sureties do not satisfy the court that appearance and surrender by the defendant at the time scheduled for the defendant's appearance was impossible and without the defendant's fault, the court shall upon motion of the district attorney enter judgment for the state against the defendant and any surety for the amount of the bail and costs of the court proceeding. Proceeds Except as provided in sub. (5), proceeds of the judgment shall be paid to the county treasurer. The motion and such notice of motion as the court prescribes may be served on the clerk who shall forthwith mail copies to the defendant and the defendant's sureties at their last addresses.

AB75-SSA1, s. 3364m Section 3364m. 969.13 (5) (a) of the statutes is renumbered 969.13 (5) and amended to read:

AB75-SSA1,1707,19 969.13 (5) A cash deposit made with the clerk pursuant to this chapter The court may order the clerk to hold a cash deposit forfeited under this section for a period of time to be determined by the court. If the defendant is ordered to pay restitution under s. 973.20 during that period for the criminal action, the cash deposit shall be applied first to the payment of any recompense determined under par. (b) and then, if the recompense restitution ordered under s. 973.20 and then, if the restitution is paid in full, to the payment of costs. If any amount of such deposit remains after the payment of costs, it shall be applied to payment of the judgment of forfeiture. The person making the cash deposit shall be given written notice of the requirements of this paragraph subsection.

AB75-SSA1, s. 3364r Section 3364r. 969.13 (5) (b) of the statutes is repealed.

AB75-SSA1, s. 3374 Section 3374. 971.17 (4m) (a) 2. of the statutes is amended to read:

AB75-SSA1,1707,23 971.17 (4m) (a) 2. "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.

AB75-SSA1, s. 3375 Section 3375. 971.17 (6m) (a) 2. of the statutes is amended to read:

AB75-SSA1,1708,2 971.17 (6m) (a) 2. "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.

AB75-SSA1, s. 3376 Section 3376. 971.23 (10) of the statutes is amended to read:

AB75-SSA1,1708,11 971.23 (10) Payment of copying costs in cases involving indigent defendants. When the state public defender or a private attorney appointed under s. 977.08 requests copies, in any format, of any item that is discoverable under this section, the state public defender shall pay any fee charged for the copies from the appropriation account under s. 20.550 (1) (f). If the person providing copies under this section charges the state public defender a fee for the copies, the fee may not exceed the actual, necessary, and direct cost of providing the copies applicable maximum fee for copies of discoverable materials that is established by rule under s. 977.02 (9).

AB75-SSA1, s. 3376p Section 3376p. 973.01 (2) (d) (intro.) of the statutes is repealed and recreated to read:

AB75-SSA1,1708,21 973.01 (2) (d) Minimum and maximum term of extended supervision. (intro.) Except for a Class B felony, a Class C felony, or a crime described in s. 301.45 (1d) (b), the term of extended supervision may not be less than 25 percent nor more 75 percent of the length of the term of confinement in prison imposed under par. (b). For a Class B felony, a Class C felony, or a crime described in s. 301.45 (1d) (b), the minimum term of extended supervision may not be less than 25 percent of the term of confinement in prison imposed under par. (b) and the maximum term of extended supervision is subject to whichever of the following limits is applicable:

AB75-SSA1, s. 3377 Section 3377. 973.01 (3d) of the statutes is created to read:

AB75-SSA1,1709,2 973.01 (3d) Positive adjustment time eligibility. (a) When a person is sentenced under sub. (1) to a term of confinement in prison, the department of corrections shall, applying an objective risk assessment instrument supported by research, determine how likely it is that the person will commit another offense.

AB75-SSA1,1709,5 (b) If the department of corrections determines under par. (a) that the person poses a high risk of reoffending, the person shall be ineligible to earn positive adjustment time under s. 302.113 (2) (b).

AB75-SSA1, s. 3378 Section 3378. 973.01 (4) of the statutes is amended to read:

AB75-SSA1,1709,13 973.01 (4) No good time; extension 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), or adjustment under s. 302.113 (2) (b), 302.1135 (6) (a), or 304.06 (1).

AB75-SSA1, s. 3378r Section 3378r. 973.01 (4m) of the statutes is created to read:

AB75-SSA1,1709,18 973.01 (4m) Discharge from extended supervision. (a) The department may discharge a person from extended supervision after he or she has served 2 years of extended supervision if the person has met the conditions of extended supervision and the reduction is in the interests of justice.

AB75-SSA1,1709,21 (b) The department shall notify shall notify the victim of the person, as defined under s. 950.02 (4) (a), of its intent to discharge the person from extended supervision.

AB75-SSA1,1709,23 (c) The department may promulgate rules under ch. 227 establishing guidelines and criteria for the exercise of discretion under this section.

AB75-SSA1, s. 3381 Section 3381. 973.01 (7) of the statutes is amended to read:

AB75-SSA1,1710,5 973.01 (7) No discharge Discharge. The department of corrections may not shall discharge a person who is serving a bifurcated sentence from custody, control and supervision until when the person has served the entire bifurcated sentence, as modified under sub. (4m) or s. 302.113 (2) (b) or (9h), 302.1135, or 304.06 (1), if applicable.

AB75-SSA1, s. 3381m Section 3381m. 973.01 (8) (a) (intro.) of the statutes is amended to read:

AB75-SSA1,1710,9 973.01 (8) (a) (intro.) 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:

AB75-SSA1, s. 3382 Section 3382. 973.01 (8) (a) 2. of the statutes is amended to read:

AB75-SSA1,1710,15 973.01 (8) (a) 2. The amount of time the person will serve in prison under the term of confinement in prison portion of the sentence, and the date upon which the person is eligible to be released to extended supervision under s. 302.113 (2) (b) or the date upon which the person may apply for release to extended supervision under s. 304.06.

AB75-SSA1, s. 3383 Section 3383. 973.01 (8) (a) 3. of the statutes is amended to read:

AB75-SSA1,1710,20 973.01 (8) (a) 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) , and the date upon which the person may be eligible for discharge under sub. (4m).

AB75-SSA1, s. 3384 Section 3384. 973.015 (title) of the statutes is amended to read:

AB75-SSA1,1710,22 973.015 (title) Misdemeanors, special Special disposition.

AB75-SSA1, s. 3385 Section 3385. 973.015 (1) (a) of the statutes is amended to read:

AB75-SSA1,1711,8 973.015 (1) (a) Subject to par. (b) and except as provided in par. (c), when a person is under the age of 21 25 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 period of imprisonment for one year or less in the county jail is 6 years or less, 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. This subsection does not apply to information maintained by the department of transportation regarding a conviction that is required to be included in a record kept under s. 343.23 (2) (a).

AB75-SSA1, s. 3386 Section 3386. 973.015 (1) (c) of the statutes is created to read:

AB75-SSA1,1711,11 973.015 (1) (c) No court may order that a record of a conviction for any of the following be expunged:

AB75-SSA1,1711,13 1. A Class H felony that is a violent offense, as defined in s. 301.048 (2) (bm), or that is a violation of s. 940.32, 948.03 (2) or (3), or 948.095.

AB75-SSA1,1711,15 2. A Class I felony that is a violent offense, as defined in s. 301.048 (2) (bm), or that is a violation of s. 948.23.

AB75-SSA1, s. 3386m Section 3386m. 973.017 (2) (a) of the statutes is repealed.

AB75-SSA1, s. 3387 Section 3387. 973.017 (6) (a) of the statutes is amended to read:

AB75-SSA1,1711,23 973.017 (6) (a) In this subsection, "person responsible for the welfare of the child" includes the child's parent, stepparent, guardian, foster parent, or treatment foster parent; an employee of a public or private residential home, institution, or agency; any other person legally responsible for the child's welfare in a residential setting; or a person employed by one who is legally responsible for the child's welfare to exercise temporary control or care for the child.

AB75-SSA1, s. 3387m Section 3387m. 973.017 (10) of the statutes is repealed.

AB75-SSA1, s. 3387t Section 3387t. 973.031 of the statutes is created to read:

AB75-SSA1,1712,7 973.031 Risk reduction sentence. Whenever a court imposes a sentence for a felony under s. 973.01, the court may order the person it sentences to serve a risk reduction sentence if the court determines that a risk reduction sentence is appropriate and the person agrees to cooperate in an assessment of his or her criminogenic factors and his or her risk of reoffending, and to participate in programming or treatment the department develops for the person under s. 302.042 (1).

AB75-SSA1, s. 3388 Section 3388. 973.045 (1) (a) of the statutes is amended to read:

AB75-SSA1,1712,9 973.045 (1) (a) For each misdemeanor offense or count, $60 $67.

AB75-SSA1, s. 3389 Section 3389. 973.045 (1) (b) of the statutes is amended to read:

AB75-SSA1,1712,11 973.045 (1) (b) For each felony offense or count, $85 $92.

AB75-SSA1, s. 3390 Section 3390. 973.045 (1r) (a) 2. of the statutes is amended to read:

AB75-SSA1,1712,14 973.045 (1r) (a) 2. Part B equals $20 $27 for each misdemeanor offense or count and $20 $27 for each felony offense or count.

AB75-SSA1, s. 3391 Section 3391. 973.045 (2m) of the statutes is amended to read:

AB75-SSA1,1712,19 973.045 (2m) The secretary of administration shall credit part A and 26 percent of part B of the crime victim and witness surcharge to the appropriation account under s. 20.455 (5) (g) and 74 percent of part B to the appropriation account under s. 20.455 (5) (gc).

AB75-SSA1, s. 3392 Section 3392. 973.05 (2m) (r) of the statutes is amended to read:

AB75-SSA1,1712,22 973.05 (2m) (r) To payment of the enforcement surcharge under s. 49.17 253.06 (4) (c) until paid in full.

AB75-SSA1, s. 3392b Section 3392b. 973.06 (1) (e) of the statutes is amended to read:

AB75-SSA1,1713,2 973.06 (1) (e) Attorney fees payable to the defense attorney by the county or the state. If the court determines at the time of sentencing that the defendant's financial circumstances are changed, the court may adjust the amount in accordance with s. 977.07 (1) (a) and (2) rules promulgated under s. 977.02 (3).

AB75-SSA1, s. 3392d Section 3392d. 973.09 (3) (d) of the statutes is created to read:

AB75-SSA1,1713,10 973.09 (3) (d) The department may petition the sentencing court to modify a person's period of probation and to discharge the person from probation if the person has completed less than 50 percent of his or her period of probation. The court may modify the person's period of probation and order the person discharged from probation if the person has complied with the conditions of his or her probation, has paid restitution ordered under s. 973.20, and has paid all ordered court costs, fines or forfeitures, and supervision fees.

AB75-SSA1, s. 3392s Section 3392s. 973.09 (5) (intro.) of the statutes is amended to read:

AB75-SSA1,1713,15 973.09 (5) (intro.) When the period of probation for a probationer has expired or a court has modified a probationer's period of probation under sub. (3) (d), the probationer shall be discharged from probation and the department shall do all of the following:

AB75-SSA1, s. 3395g Section 3395g. 973.195 (1r) (a) of the statutes is amended to read:

AB75-SSA1,1713,23 973.195 (1r) (a) An inmate who is serving a sentence imposed under s. 973.01 before the effective date of this paragraph .... [LRB inserts date], for a crime other than a Class B felony may petition the sentencing court to adjust the sentence if the inmate has served at least the applicable percentage of the term of confinement in prison portion of the sentence. If an inmate is subject to more than one sentence imposed under this section, the sentences shall be treated individually for purposes of sentence adjustment under this subsection.

AB75-SSA1, s. 3395r Section 3395r. 973.195 (1r) (j) of the statutes is created to read:

AB75-SSA1,1714,3 973.195 (1r) (j) An inmate who submits a petition under this subsection may not apply under s. 304.06 (1) (bg) 3. or 4. for release to extended supervision for any crime committed prior to the effective date of this paragraph .... [LRB inserts date].

AB75-SSA1, s. 3395t Section 3395t. 973.20 (9m) of the statutes is repealed.

AB75-SSA1, s. 3396 Section 3396. 974.07 (4) (b) of the statutes is amended to read:

AB75-SSA1,1714,13 974.07 (4) (b) Notwithstanding the limitation on the disclosure of mailing addresses from completed information cards submitted by victims under ss. 51.37 (10) (dx), 301.046 (4) (d), 301.048 (4m) (d), 301.38 (4), 302.105 (4), 304.06 (1) (f), 304.063 (4), 938.51 (2), 971.17 (6m) (d), and 980.11 (4), the department of corrections, the parole earned release review commission, and the department of health services shall, upon request, assist clerks of court in obtaining information regarding the mailing address of victims for the purpose of sending copies of motions and notices of hearings under par. (a).

AB75-SSA1, s. 3397 Section 3397. 976.03 (23) (c) of the statutes is amended to read:

AB75-SSA1,1715,2 976.03 (23) (c) The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by 2 certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to a judge, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The prosecuting officer, parole earned release review commission, warden or sheriff may also attach such further affidavits and other documents in duplicate as he, she or it deems proper to be submitted with the application. One copy of the application, with the action of the governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information and affidavits, or of the judgment of conviction or of the sentence shall be filed in the office of the governor to remain of record in that office. The other copies of all papers shall be forwarded with the governor's requisition.

AB75-SSA1, s. 3398r Section 3398r. 977.02 (3) of the statutes is renumbered 977.02 (3) (intro.) and amended to read:

AB75-SSA1,1715,11 977.02 (3) (intro.) Promulgate rules regarding the determination of indigency of persons entitled to be represented by counsel, other than persons who are entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, including the time period in which the determination must be made and the criteria to be used to determine indigency and partial indigency. The rules shall specify that, in determining indigency, the representative of the state public defender shall do all of the following: