Analysis by the Legislative Reference Bureau
This bill creates a sentence adjustment procedure for a “youthful offender,”
defined under the bill as an individual who committed the crime for which the
individual is being sentenced before he or she turned 18 years old. This bill also
prohibits a court from sentencing a youthful offender to life imprisonment without
the possibility of parole or release to extended supervision, and creates new
mitigating factors that a court must consider when sentencing a youthful offender.
Finally, this bill eliminates statutory mandatory life sentences without parole or
release to extended supervision for youthful offenders in order to align with federal
constitutional law.
Sentence adjustment procedure for youthful offenders
This bill creates a new procedure for an incarcerated youthful offender to
petition the sentencing court for a sentence adjustment after serving 15 years of his

or her sentence in prison, or, if the person is serving a sentence for a crime that is a
felony that caused the death of a person or is a felony sexual assault of a child, after
serving 20 years in prison. Under the bill, one year before the youthful offender is
eligible to petition for the sentence adjustment, the Department of Corrections is
required to notify the youthful offender of his or her eligibility. If the youthful
offender files a petition, the court is required to hold a hearing on the petition and
is required to consider the sentencing factors on mitigation for youth created under
the bill in determining whether to adjust the youthful offender's sentence. Notice of
the youthful offender's eligibility for a sentence adjustment hearing, of the petition,
and of the hearing must be sent to the district attorney and the crime victim. The
youthful offender has the right to present evidence and cross-examine witnesses at
the hearing and the crime victim has the right to be heard.
If the court finds that the interests of justice warrant a sentence adjustment,
the court may reduce the term of confinement in prison for the youthful offender and
may modify the conditions of extended supervision. If the youthful offender is
serving an indeterminate sentence or a life sentence without parole or release to
extended supervision, the court may convert the sentence to a bifurcated sentence
and set a date on which the petitioner will be eligible for release to extended
supervision. Under the bill, the sentencing court may reduce the overall sentence
length, but may not impose a term of extended supervision that is less than three
years. Under the bill, if the youthful offender is serving multiple sentences
concurrently or consecutively, the concurrent or consecutive sentences are treated as
a single sentence for the purposes of the sentence adjustment procedure.
If the court denies the petition under the bill, or adjusts the sentence to provide
a date for release to extended supervision that is more than three years after the
hearing, the court must provide in writing the reasons for the denial or the delayed
release eligibility date. A youthful offender may petition again after three years.
Under the bill, DOC is required to send a notice regarding the petition process to all
youthful offenders who are eligible to petition for a sentence adjustment at the time
the bill becomes law or who will become eligible within one year of that date. The
bill also specifies that DOC must consider an individual's status as a youthful
offender and proximity to a sentence adjustment hearing date when determining the
individual's eligibility for available programming.
Under current law, an inmate who is serving a bifurcated sentence for a crime
other than a Class B felony can petition to reduce the confinement portion of his or
her bifurcated sentence after serving a certain proportion of the sentence. An inmate
who is serving a life sentence can petition to be released to extended supervision or
parole after serving at least 20 years of his or her sentence or after another date set
by the sentencing court.
Sentencing; mitigating factors
Under current law, when a court makes a sentencing decision, it must consider
certain factors, including whether there were any aggravating factors present.
Under this bill, when a court is sentencing a youthful offender, it must also consider
mitigating factors related to the age and maturity of the youthful offender. Under
the bill, these mitigating factors must also be considered when a court hears a

petition for a sentence adjustment for a youthful offender, and must be considered
by the Parole Commission when determining whether to parole a youthful offender.
Eliminating life sentences without parole or extended supervision for
youthful offenders
Under current law, if a person is sentenced to a term of life imprisonment, the
sentencing court must either set a date on which the person is eligible for release to
parole or extended supervision, or determine that the person is not eligible for
release to parole or extended supervision. Under this bill, when the court sentences
a youthful offender to life imprisonment, it must set a date on which the person is
eligible for release to parole or extended supervision.
Under current law, if a person is convicted of a serious felony on three separate
occasions or a serious child sex offense on two separate occasions, the person is a
repeat offender subject to a mandatory life sentence without the possibility of parole
or extended supervision. However, in Miller v. Alabama, 567 U.S. 460 (2012), the
U.S. Supreme Court held that imposing a mandatory life sentence without parole for
a juvenile constitutes cruel and unusual punishment and therefore violates the
eighth amendment of the U.S. Constitution. This bill clarifies that the statutory
mandatory sentence of life imprisonment without the possibility of parole or
extended supervision for repeat offenders does not apply to youthful offenders.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB845,1 1Section 1. 302.113 (2) of the statutes is amended to read:
AB845,3,62 302.113 (2) Except as provided in subs. (3) and (9), an inmate subject to this
3section is entitled to release to extended supervision after he or she has served the
4term of confinement in prison portion of the sentence imposed under s. 973.01, as
5modified by the sentencing court under sub. (9g) or s. 302.045 (3m) (b) 1., 302.05 (3)
6(c) 2. a., 973.018, 973.195 (1r), or 973.198, if applicable.
AB845,2 7Section 2. 302.114 (1) of the statutes is amended to read:
AB845,4,28 302.114 (1) An inmate is subject to this section if he or she is serving a life
9sentence imposed under s. 973.014 (1g) (a) 1. or 2. or (3) (c). An inmate serving a life

1sentence under s. 939.62 (2m) or 973.014 (1g) (a) 3. is not eligible for release to
2extended supervision under this section.
AB845,3 3Section 3. 302.114 (2) of the statutes is amended to read:
AB845,4,84 302.114 (2) Except as provided in subs. (3) and (9), an inmate subject to this
5section may petition the sentencing court for release to extended supervision after
6he or she has served 20 years, if the inmate was sentenced under s. 973.014 (1g) (a)
71., or after he or she has reached the extended supervision eligibility date set by the
8court, if the inmate was sentenced under s. 973.014 (1g) (a) 2. or (3) (c).
AB845,4 9Section 4. 302.114 (5) (cs) of the statutes is created to read:
AB845,4,1310 302.114 (5) (cs) If the inmate is a youthful offender, as defined in s. 973.014 (3)
11(a), the court shall consider the mitigating factors under s. 973.017 (2c) (a) to (o) and
12any relevant information described in s. 973.018 (5) (b) when determining eligibility
13for release to extended supervision under this subsection.
AB845,5 14Section 5. 303.065 (1) (b) 1. of the statutes is amended to read:
AB845,4,2015 303.065 (1) (b) 1. A person serving a life sentence, other than a life sentence
16specified in subd. 2., may be considered for work release only after he or she has
17reached parole eligibility under s. 304.06 (1) (b) or 973.014 (1) (a) or (b) or (3) (b),
18whichever is applicable, or he or she has reached his or her extended supervision
19eligibility date under s. 302.114 (9) (am) or 973.014 (1g) (a) 1. or 2. or (3) (c), whichever
20is applicable.
AB845,6 21Section 6. 304.02 (5) of the statutes is amended to read:
AB845,4,2422 304.02 (5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life
23sentence under s. 939.62 (2m) (c) or 973.014 (1) (c) or , (1g), or (3) (c) is not eligible for
24release to parole supervision under this section.
AB845,7 25Section 7. 304.06 (1) (a) 3. of the statutes is created to read:
AB845,5,1
1304.06 (1) (a) 3. “Youthful offender” has the meaning given in s. 973.014 (3) (a).
AB845,8 2Section 8. 304.06 (1) (b) of the statutes is amended to read:
AB845,5,183 304.06 (1) (b) Except as provided in s. 961.49 (2), 1999 stats., sub. (1m) or s.
4302.045 (3), 302.05 (3) (b), 973.01 (6), or 973.0135 , or 973.018, the parole commission
5may parole an inmate of the Wisconsin state prisons or any felon or any person
6serving at least one year or more in a county house of correction or a county
7reforestation camp organized under s. 303.07, when he or she has served 25 percent
8of the sentence imposed for the offense, or 6 months, whichever is greater. Except
9as provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g) or, (2), or (3) (b) or (c),
10the parole commission may parole an inmate serving a life term when he or she has
11served 20 years, as modified by the formula under s. 302.11 (1) and subject to
12extension under s. 302.11 (1q) and (2), if applicable. The person serving the life term
13shall be given credit for time served prior to sentencing under s. 973.155, including
14good time under s. 973.155 (4). The secretary may grant special action parole
15releases under s. 304.02. The department or the parole commission shall not provide
16any convicted offender or other person sentenced to the department's custody any
17parole eligibility or evaluation until the person has been confined at least 60 days
18following sentencing.
AB845,9 19Section 9. 304.06 (1) (bc) of the statutes is created to read:
AB845,5,2320 304.06 (1) (bc) 1. If the inmate who applies for parole under this subsection is
21a youthful offender, the parole commission shall consider the mitigating factors
22under s. 973.017 (2c) (a) to (o) and any relevant information described in s. 973.018
23(5) (b) when determining whether to release the inmate to parole.
AB845,5,2524 2. A youthful offender has the right to attend and may be represented by
25counsel at any interviews or hearings concerning his or her application for parole.
AB845,6,4
13. If the parole commission denies a youthful offender's application for parole,
2the parole commission shall provide in writing the reasons for the denial, and shall
3set a date for reconsideration that is no more than 3 years after the date of the
4hearing.
AB845,10 5Section 10. 304.071 (2) of the statutes is amended to read:
AB845,6,86 304.071 (2) If a prisoner is not eligible for parole under s. 961.49 (2), 1999 stats.,
7or s. 939.62 (2m) (c), 973.01 (6), 973.014 (1) (c) or , (1g), or (3) (c), 973.018, or 973.032
8(5), he or she is not eligible for parole under this section.
AB845,11 9Section 11. 939.62 (2m) (b) (intro.) of the statutes is amended to read:
AB845,6,1210 939.62 (2m) (b) (intro.) The actor is a persistent repeater if the offense for which
11he or she is presently being sentenced was committed on or after the date he or she
12attained the age of 18 and
one of the following applies:
AB845,12 13Section 12. 950.04 (1v) (g) of the statutes is amended to read:
AB845,6,1614 950.04 (1v) (g) To have reasonable attempts made to notify the victim of
15hearings or court proceedings, as provided under ss. 302.113 (9g) (g) 2., 302.114 (6),
16938.27 (4m) and (6), 938.273 (2), 971.095 (3) and , 972.14 (3) (b), and 973.018 (5).
AB845,13 17Section 13. 950.04 (1v) (gm) of the statutes is amended to read:
AB845,6,2018 950.04 (1v) (gm) To have reasonable attempts made to notify the victim of
19petitions for sentence adjustment as provided under s. 973.018 (4) (a) and (e), 973.09
20(3m), 973.195 (1r) (d), or 973.198.
AB845,14 21Section 14. 950.04 (1v) (m) of the statutes is amended to read:
AB845,6,2422 950.04 (1v) (m) To provide statements concerning sentencing, disposition, or
23parole, as provided under ss. 304.06 (1) (e), 938.32 (1) (b) 1g., 938.335 (3m) (ag), and
24972.14 (3) (a), and 973.018 (5) (d).
AB845,15 25Section 15. 973.01 (3) of the statutes is amended to read:
AB845,7,3
1973.01 (3) Not applicable to life sentences. If a person is being sentenced for
2a felony that is punishable by life imprisonment, he or she is not subject to this
3section but shall be sentenced under s. 973.014 (1g) or (3).
AB845,16 4Section 16. 973.01 (4) of the statutes is amended to read:
AB845,7,105 973.01 (4) No good time; extension or reduction of term of imprisonment. A
6person sentenced to a bifurcated sentence under sub. (1) shall serve the term of
7confinement in prison portion of the sentence without reduction for good behavior.
8The term of confinement in prison portion is subject to extension under s. 302.113 (3)
9and, if applicable, to reduction under s. 302.045 (3m), 302.05 (3) (c) 2. a., 302.113 (9g),
10973.018, 973.195 (1r), or 973.198.
AB845,17 11Section 17. 973.014 (1) (intro.) of the statutes is amended to read:
AB845,7,1512 973.014 (1) (intro.) Except as provided in sub. subs. (2) and (3), when a court
13sentences a person to life imprisonment for a crime committed on or after July 1,
141988, but before December 31, 1999, the court shall make a parole eligibility
15determination regarding the person and choose one of the following options:
AB845,18 16Section 18. 973.014 (1g) (a) (intro.) of the statutes is amended to read:
AB845,7,2017 973.014 (1g) (a) (intro.) Except as provided in sub. subs. (2) and (3), when a
18court sentences a person to life imprisonment for a crime committed on or after
19December 31, 1999, the court shall make an extended supervision eligibility date
20determination regarding the person and choose one of the following options:
AB845,19 21Section 19. 973.014 (3) of the statutes is created to read:
AB845,7,2422 973.014 (3) (a) In this subsection, “youthful offender,” when used to refer to a
23person who is sentenced for an offense, means a person who committed the offense
24before he or she attained the age of 18 years.
AB845,8,3
1(b) When a court sentences a youthful offender to life imprisonment for a crime
2committed before December 31, 1999, the court shall set a date on which the youthful
3offender is eligible for parole.
AB845,8,64 (c) When a court sentences a youthful offender to life imprisonment for a crime
5committed on or after December 31, 1999, the court shall set a date on which the
6youthful offender is eligible for release to extended supervision.
AB845,8,97 (d) When sentencing a youthful offender to life imprisonment under par. (b) or
8(c), the court shall inform the youthful offender of the procedure for petitioning for
9a sentence adjustment under s. 973.018.
AB845,8,1210 (e) When sentencing a youthful offender to life imprisonment under par. (b) or
11(c), the court shall consider, in addition to all other relevant factors, the factors for
12mitigation for youth under s. 973.017 (2c).
AB845,20 13Section 20. 973.017 (2c) of the statutes is created to read:
AB845,8,1714 973.017 (2c) Mitigation for youth. When making a sentencing decision for a
15person who had not attained the age of 18 years at the time the crime was committed,
16the court shall consider all of the following mitigating factors with regard to the
17defendant:
AB845,8,1818 (a) Age at the time of the offense.
AB845,8,1919 (b) Impetuosity.
AB845,8,2020 (c) Family and community environment.
AB845,8,2121 (d) Ability to appreciate the risks and consequences of the conduct.
AB845,8,2222 (e) Intellectual capacity.
AB845,8,2423 (f) The findings of any comprehensive mental health evaluation that is
24available to the court.
AB845,8,2525 (g) Peer or familial pressure.
AB845,9,1
1(h) Level of participation in the offense.
AB845,9,22 (i) Ability to participate meaningfully in his or her defense.
AB845,9,33 (j) Capacity for rehabilitation.
AB845,9,44 (k) School records and special education evaluations.
AB845,9,55 (L) History of trauma.
AB845,9,66 (m) Faith and community involvement.
AB845,9,77 (n) Involvement in the child welfare system.
AB845,9,98 (o) Any other mitigating factor or circumstance that the court determines is
9relevant.
AB845,21 10Section 21. 973.018 of the statutes is created to read:
AB845,9,12 11973.018 Sentence adjustment for youthful offenders. (1) Definition. In
12this section, “youthful offender” has the meaning given in s. 973.014 (3) (a).
AB845,9,18 13(2) Sentence adjustment; factors. A court may reduce a term of
14imprisonment, including life imprisonment, for a youthful offender who is eligible
15under sub. (3) if the court finds that the interests of justice warrant a reduction. In
16making its determination, the court shall consider the factors for mitigation for
17youth under s. 973.017 (2c) and the youthful offender's subsequent growth, behavior,
18and rehabilitation while incarcerated.
AB845,9,20 19(3) Eligibility. (a) A youthful offender is eligible for a sentence adjustment
20under this section if one of the following applies:
AB845,9,2221 1. The youthful offender is serving a sentence for a crime other than a crime
22described in subd. 2. and has been incarcerated for no less than 15 years.
AB845,9,2523 2. The youthful offender is serving a sentence for a felony that caused the death
24of a person or a felony sexual assault of a child and has been incarcerated for no less
25than 20 years.
AB845,10,5
1(b) A youthful offender who has been incarcerated for the requisite amount of
2time under par. (a) 1. or 2. is eligible for sentence adjustment under this section,
3regardless of whether the youthful offender is serving a single sentence or concurrent
4or consecutive sentences. Concurrent and consecutive sentences shall be treated as
5a single sentence for the purposes of this section.
AB845,10,14 6(4) Petition for sentence adjustment. (a) One year before a youthful offender
7becomes eligible for a sentence adjustment under this section, the department shall
8provide written notice of the eligibility to the youthful offender, the sentencing court,
9the district attorney for the county in which the youthful offender was sentenced, the
10state public defender, and, in accordance with s. 950.04 (1v) (gm), any victims. Notice
11under this paragraph shall include notice of the youthful offender's right to counsel
12and notice that if the youthful offender believes that he or she cannot afford an
13attorney, the youthful offender may ask the state public defender to represent him
14or her.
AB845,10,1715 (b) A youthful offender has a right to counsel in the sentence adjustment
16proceedings under this section. The right to counsel begins at the service of notice
17under par. (a).
AB845,10,2218 (c) After service of notice under par. (a) and upon request by the youthful
19offender or the youthful offender's attorney, the court shall make documents from the
20sentencing hearing available to the youthful offender or his or her attorney, including
21the presentence investigation report in accordance with s. 972.15 (4m) and the
22transcript from the sentencing hearing.
AB845,11,223 (d) A youthful offender may file a petition for a sentence adjustment under this
24section. The youthful offender shall file the petition and any affidavits and other
25written support for the petition in the sentencing court no more than 90 days before

1the youthful offender's eligibility date. A copy of the petition shall be served on the
2district attorney in the county in which the youthful offender was sentenced.
AB845,11,43 (e) Upon receipt of a petition under par. (d), the district attorney shall notify
4any victims of the crime in accordance with s. 950.04 (1v) (gm).
AB845,11,6 5(5) Hearing. (a) The court shall hold a hearing within 120 days of a petition
6filed under sub. (4) (d), unless all parties agree to an extension for the hearing date.
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