SB345,77,1915
973.032
(1) Sentence. Beginning July 1, 1992, a court may sentence a person
16who is convicted of a felony occurring on or after August 15, 1991,
but before July 1,
171999, to participate in the intensive sanctions program under s. 301.048.
If a person
18is convicted of a felony occurring on or after July 1, 1999, a court may not sentence
19the person to participate in the intensive sanctions program under s. 301.048.
SB345, s. 193
20Section
193. 973.032 (5) of the statutes is amended to read:
SB345,77,2321
973.032
(5) (title)
Parole or extended supervision restrictions. A person
22sentenced under sub. (1) is eligible for parole
, except as provided in ss. 302.11, 304.02
23and 304.06
, or is eligible for release to extended supervision, whichever is applicable.
SB345, s. 194
24Section
194. 973.10 (1) of the statutes is amended to read:
SB345,78,5
1973.10
(1) Imposition of probation shall have the effect of placing the defendant
2in the custody of the department and shall subject the defendant to the control of the
3department under conditions set by the court and rules and regulations established
4by the department for the supervision of probationers
and
, parolees
and persons on
5extended supervision.
SB345, s. 195
6Section
195. 973.15 (1) of the statutes is amended to read:
SB345,78,117
973.15
(1) Except as provided in
s.
ss. 973.01 (2) (bm) 1. and 973.032, all
8sentences to the Wisconsin state prisons shall be for one year or more. Except as
9otherwise provided in this section, all sentences commence at noon on the day of
10sentence, but time which elapses after sentence while the convicted offender is at
11large on bail shall not be computed as any part of the term of imprisonment.
SB345, s. 196
12Section
196. 973.15 (2) (b) of the statutes is amended to read:
SB345,78,2213
973.15
(2) (b) The court may not impose a sentence to the intensive sanctions
14program consecutive to any other sentence. The court may not impose a sentence to
15the intensive sanctions program concurrent with a sentence imposing
16imprisonment, except that the court may impose a sentence to the program
17concurrent with an imposed and stayed imprisonment sentence or with a prison
18sentence for which the offender has been released on
extended supervision or parole.
19The court may impose concurrent intensive sanctions program sentences. The court
20may impose an intensive sanctions program sentence concurrent to probation. The
21court may impose any sentence for an escape from a sentence to the intensive
22sanctions program concurrent with the sentence to the intensive sanctions program.
SB345, s. 197
23Section
197. 973.15 (6) of the statutes is amended to read:
SB345,79,3
1973.15
(6) Sections 302.11 and 304.06 are applicable to an inmate serving a
2sentence to the Wisconsin state prisons
for a crime committed before July 1, 1999, 3but confined in a federal institution or an institution in another state.
SB345, s. 198
4Section
198. 973.155 (1) (b) of the statutes is amended to read:
SB345,79,85
973.155
(1) (b) The categories in par. (a) include custody of the convicted
6offender which is in whole or in part the result of a probation
, extended supervision 7or parole hold under s. 304.06 (3) or 973.10 (2) placed upon the person for the same
8course of conduct as that resulting in the new conviction.
SB345, s. 199
9Section
199. 973.155 (2) of the statutes is amended to read:
SB345,79,1610
973.155
(2) After the imposition of sentence, the court shall make and enter a
11specific finding of the number of days for which sentence credit is to be granted,
12which finding shall be included in the judgment of conviction. In the case of
13revocation of probation
, extended supervision or parole, the department, if the
14hearing is waived, or the division of hearings and appeals in the department of
15administration, in the case of a hearing, shall make such a finding, which shall be
16included in the revocation order.
SB345, s. 200
17Section
200. 973.155 (5) of the statutes is amended to read:
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973.155
(5) If this section has not been applied at sentencing to any person who
19is in custody or to any person who is on probation
, extended supervision or parole,
20the person may petition the department to be given credit under this section. Upon
21proper verification of the facts alleged in the petition, this section shall be applied
22retroactively to the person. If the department is unable to determine whether credit
23should be given, or otherwise refuses to award retroactive credit, the person may
24petition the sentencing court for relief. This subsection applies to any person,
25regardless of the date he or she was sentenced.
SB345, s. 201
1Section
201. 973.20 (1r) of the statutes is amended to read:
SB345,80,132
973.20
(1r) When imposing sentence or ordering probation for any crime for
3which the defendant was convicted, the court, in addition to any other penalty
4authorized by law, shall order the defendant to make full or partial restitution under
5this section to any victim of a crime considered at sentencing or, if the victim is
6deceased, to his or her estate, unless the court finds substantial reason not to do so
7and states the reason on the record. Restitution ordered under this section is a
8condition of probation
, extended supervision or parole served by the defendant for
9a crime for which the defendant was convicted. After the termination of probation
,
10extended supervision or parole, or if the defendant is not placed on probation
,
11extended supervision or parole, restitution ordered under this section is enforceable
12in the same manner as a judgment in a civil action by the victim named in the order
13to receive restitution or enforced under ch. 785.
SB345, s. 202
14Section
202. 973.20 (10) of the statutes is amended to read:
SB345,80,2015
973.20
(10) The court may require that restitution be paid immediately, within
16a specified period or in specified instalments. If the defendant is placed on probation
17or sentenced to imprisonment, the end of a specified period shall not be later than
18the end of any period of probation
, extended supervision or parole. If the defendant
19is sentenced to the intensive sanctions program, the end of a specified period shall
20not be later than the end of the sentence under s. 973.032 (3) (a).
SB345, s. 203
21Section
203. 975.10 (1) of the statutes is amended to read:
SB345,81,822
975.10
(1) Any person committed as provided in this chapter may be paroled
23if it appears to the satisfaction of the department of health and family services after
24recommendation by a special review board, appointed by the department, a majority
25of whose members shall not be connected with the department, that the person is
1capable of making an acceptable adjustment in society. Before a person is released
2on parole under this section, the department of health and family services shall so
3notify the municipal police department and county sheriff for the area where the
4person will be residing. The notification requirement does not apply if a municipal
5department or county sheriff submits to the department of health and family services
6a written statement waiving the right to be notified. Probation
, extended
7supervision and parole agents of the department of corrections shall supervise
8persons paroled under this section.
SB345, s. 204
9Section
204. 976.03 (3) of the statutes is amended to read:
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976.03
(3) Form of demand. No demand for the extradition of a person charged
11with a crime in another state shall be recognized by the governor unless in writing
12alleging, except in cases arising under sub. (6), that the accused was present in the
13demanding state at the time of the commission of the alleged crime, and that
14thereafter the accused fled from the state, and accompanied by a copy of an
15indictment found or by an information supported by affidavit in the state having
16jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there,
17together with a copy of any warrant which was issued thereon; or by a copy of a
18judgment of conviction or of a sentence imposed in execution thereof, together with
19a statement by the executive authority of the demanding state that the person
20claimed has escaped from confinement or has broken the terms of the person's bail,
21probation
, extended supervision or parole. The indictment, information or affidavit
22made before the magistrate must substantially charge the person demanded with
23having committed a crime under the law of that state; and the copy of indictment,
24information, affidavit, judgment of conviction or sentence must be authenticated by
25the executive authority making the demand.
SB345, s. 205
1Section
205. 976.03 (13) of the statutes is amended to read:
SB345,82,202
976.03
(13) Arrest prior to requisition. Whenever any person within this
3state shall be charged on the oath of any credible person before any judge of this state
4with the commission of any crime in any other state and, except in cases arising
5under sub. (6), with having fled from justice, or with having been convicted of a crime
6in that state and having escaped from confinement, or having broken the terms of
7his or her bail, probation
, extended supervision or parole, or whenever complaint
8shall have been made before any judge in this state setting forth on the affidavit of
9any credible person in another state that a crime has been committed in such other
10state and that the accused has been charged in such state with the commission of the
11crime, and, except in cases arising under sub. (6), has fled from justice, or with having
12been convicted of a crime in that state and having escaped from confinement, or
13having broken the terms of his or her bail, probation
, extended supervision or parole,
14and is believed to be in this state, the judge shall issue a warrant directed to any
15peace officer commanding the officer to apprehend the person named therein,
16wherever the person may be found in this state, and to bring the person before the
17same or any other judge or court who or which may be available in or convenient of
18access to the place where the arrest may be made, to answer the charge or complaint
19and affidavit; and a certified copy of the sworn charge or complaint and affidavit upon
20which the warrant is issued shall be attached to the warrant.
SB345, s. 206
21Section
206. 976.03 (22) of the statutes is amended to read:
SB345,83,622
976.03
(22) Fugitives from this state, duty of governor. Whenever the
23governor of this state shall demand a person charged with crime or with escaping
24from confinement or breaking the terms of his or her bail, probation
, extended
25supervision or parole in this state from the executive authority of any other state, or
1from the chief justice or an associate justice of the district court of the United States
2for the District of Columbia authorized to receive such demand under the laws of the
3United States, the governor shall issue a warrant under the seal of this state, to some
4agent, commanding the agent to receive the person so charged if delivered to the
5agent and convey the person to the proper officer of the county in this state in which
6the offense was committed.