SB55-ASA1-AA1, s. 4025n
16Section 4025n. 973.09 (2) (b) 1. of the statutes, as affected by 2001 Wisconsin
17Act .... (this act), is amended to read:
SB55-ASA1-AA1,1375,2118
973.09
(2) (b) 1. Except as provided in
subds. subd. 1m. and
subject to subd. 2.,
19the original term of probation for felonies
, and bifurcated sentence misdemeanors
20shall be not less than one year nor more than either the
statutory maximum term
21of
imprisonment confinement in prison for the crime or 3 years, whichever is greater.
SB55-ASA1-AA1,1375,2423
973.09
(2) (b) 1m. If the probationer was found guilty but mentally ill under
24s. 971.163 or 971.165, not less than 5 years.".
SB55-ASA1-AA1,1376,43
973.09
(6) (a) If a defendant who is found guilty but mentally ill under s.
4971.163 or 971.165 is placed on probation, the court shall do all of the following:
SB55-ASA1-AA1,1376,65
1. Order the department, or a person designated by the department, to evaluate
6the defendant to determine the defendant's treatment needs.
SB55-ASA1-AA1,1376,97
2. Order that the department provide or arrange for the provision of necessary
8and appropriate treatment that is recommended as a result of the evaluation under
9subd. 1.
SB55-ASA1-AA1,1376,1210
3. Order as a condition of probation that the defendant undergo the evaluation
11required under subd. 1. and that he or she receive the necessary and appropriate
12mental health treatment that is recommended as a result of that evaluation.
SB55-ASA1-AA1,1376,1513
(b) Treatment required under par. (a) as a condition of probation may be
14provided by any state or local agency or, if approved by the department, by a private
15physician, psychologist, mental health worker or mental health agency.
SB55-ASA1-AA1,1376,1816
(c) If a defendant is required to receive treatment under par. (a), the person
17treating the defendant shall, once every 90 days, file with the court and the
18department a written report concerning the defendant's condition and treatment.
SB55-ASA1-AA1,1376,2119
(d) A defendant placed on probation after being found guilty but mentally ill
20under s. 971.163 or 971.165 may be committed for treatment to the department of
21health and family services under s. 51.20 (1) (a).".
SB55-ASA1-AA1,1377,21
1973.20
(1r) When imposing sentence or ordering probation for any crime
, other
2than a crime involving conduct that constitutes domestic abuse under s. 813.12 (1)
3(a) or 968.075 (1) (a), for which the defendant was convicted, the court, in addition
4to any other penalty authorized by law, shall order the defendant to make full or
5partial restitution under this section to any victim of a crime considered at
6sentencing or, if the victim is deceased, to his or her estate, unless the court finds
7substantial reason not to do so and states the reason on the record.
When imposing
8sentence or ordering probation for a crime involving conduct that constitutes
9domestic abuse under s. 813.12 (1) (a) or 968.075 (1) (a) for which the defendant was
10convicted or that was considered at sentencing, the court, in addition to any other
11penalty authorized by law, shall order the defendant to make full or partial
12restitution under this section to any victim of a crime or, if the victim is deceased, to
13his or her estate, unless the court finds that imposing full or partial restitution will
14create an undue hardship on the defendant or victim and describes the undue
15hardship on the record. Restitution ordered under this section is a condition of
16probation, extended supervision or parole served by the defendant for a crime for
17which the defendant was convicted. After the termination of probation, extended
18supervision or parole, or if the defendant is not placed on probation, extended
19supervision or parole, restitution ordered under this section is enforceable in the
20same manner as a judgment in a civil action by the victim named in the order to
21receive restitution or enforced under ch. 785.".
SB55-ASA1-AA1,1378,6
1978.03
(3) Any assistant district attorney under sub. (1), (1m) or (2) must be
2an attorney admitted to practice law in this state and, except as provided in
s. ss.
3978.043
and 978.044, may perform any duty required by law to be performed by the
4district attorney. The district attorney of the prosecutorial unit under sub. (1), (1m)
, 5or (2) may appoint such temporary counsel as may be authorized by the department
6of administration.
SB55-ASA1-AA1,1378,9
8978.044 Assistants to perform restorative justice services. (1) 9Definitions. In this section:
SB55-ASA1-AA1,1378,1010
(a) "Crime" has the meaning given in s. 950.02 (1m).
SB55-ASA1-AA1,1378,1311
(b) "Offender" means an individual who is, or could be, charged with
12committing a crime or who is, or could be, the subject of a petition under ch. 938
13alleging that he or she has committed a crime.
SB55-ASA1-AA1,1378,1414
(c) "Victim" has the meaning given in s. 950.02 (4).
SB55-ASA1-AA1,1378,19
15(2) Duties. The district attorneys of Dane and Milwaukee counties and of the
16county selected under sub. (4) shall each assign one assistant district attorney in his
17or her prosecutorial unit to be a restorative justice coordinator. An assistant district
18attorney assigned under this subsection to be a restorative justice coordinator shall
19do all the following:
SB55-ASA1-AA1,1378,2320
(a) Establish restorative justice programs that provide support to the victim,
21help reintegrate the victim into community life, and provide a forum where an
22offender may meet with the victim or engage in other activities to do all of the
23following:
SB55-ASA1-AA1,1378,2424
1. Discuss the impact of the offender's crime on the victim or on the community.
SB55-ASA1-AA1,1378,2525
2. Explore potential restorative responses by the offender.
SB55-ASA1-AA1,1379,1
13. Provide methods for reintegrating the offender into community life.