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AB775,8 22Section 8. 304.071 (2) of the statutes is amended to read:
AB775,4,2523 304.071 (2) If a prisoner is not eligible for parole under s. 961.49 (2), 1999 stats.,
24or s. 939.62 (2m) (c), 973.01 (6), 973.014 (1) (c) or , (1g), or (3) (c), or 973.032 (5), he or
25she is not eligible for parole under this section.
AB775,9
1Section 9. 939.616 (1g) of the statutes is amended to read:
AB775,5,62 939.616 (1g) If a person is convicted of a violation of s. 948.02 (1) (am) or
3948.025 (1) (a), notwithstanding s. 973.014 (1g) (a) 1. and 2. and except as provided
4under s. 973.018
, the court may not make an extended supervision eligibility date
5determination on a date that will occur before the person has served a 25-year term
6of confinement in prison.
AB775,10 7Section 10. 939.62 (2m) (b) (intro.) of the statutes is amended to read:
AB775,5,108 939.62 (2m) (b) (intro.) The actor is a persistent repeater if the offense for which
9he or she is presently being sentenced was committed after he or she attained the age
10of 18 and
one of the following applies:
AB775,11 11Section 11. 950.04 (1v) (gm) of the statutes is amended to read:
AB775,5,1412 950.04 (1v) (gm) To have reasonable attempts made to notify the victim of
13petitions for sentence adjustment as provided under s. 973.018 (3) (e), 973.09 (3m),
14973.195 (1r) (d), or 973.198.
AB775,12 15Section 12. 950.04 (1v) (m) of the statutes is amended to read:
AB775,5,1816 950.04 (1v) (m) To provide statements concerning sentencing, disposition, or
17parole, as provided under ss. 304.06 (1) (e), 938.32 (1) (b) 1g., 938.335 (3m) (ag), and
18972.14 (3) (a), and 973.018 (4) (d).
AB775,13 19Section 13. 973.01 (3) of the statutes is amended to read:
AB775,5,2220 973.01 (3) Not applicable to life sentences. If a person is being sentenced for
21a felony that is punishable by life imprisonment, he or she is not subject to this
22section but shall be sentenced under s. 973.014 (1g) or (3).
AB775,14 23Section 14. 973.01 (4) of the statutes is amended to read:
AB775,6,424 973.01 (4) No good time; extension or reduction of term of imprisonment. A
25person sentenced to a bifurcated sentence under sub. (1) shall serve the term of

1confinement in prison portion of the sentence without reduction for good behavior.
2The term of confinement in prison portion is subject to extension under s. 302.113 (3)
3and, if applicable, to reduction under s. 302.045 (3m), 302.05 (3) (c) 2. a., 302.113 (9g),
4973.018, 973.195 (1r), or 973.198.
AB775,15 5Section 15. 973.014 (1) (intro.) of the statutes is amended to read:
AB775,6,96 973.014 (1) (intro.) Except as provided in sub. (2) or (3), when a court sentences
7a person to life imprisonment for a crime committed on or after July 1, 1988, but
8before December 31, 1999, the court shall make a parole eligibility determination
9regarding the person and choose one of the following options:
AB775,16 10Section 16. 973.014 (1g) (a) (intro.) of the statutes is amended to read:
AB775,6,1411 973.014 (1g) (a) (intro.) Except as provided in sub. (2) or (3), when a court
12sentences a person to life imprisonment for a crime committed on or after December
1331, 1999, the court shall make an extended supervision eligibility date determination
14regarding the person and choose one of the following options:
AB775,17 15Section 17. 973.014 (3) of the statutes is created to read:
AB775,6,1716 973.014 (3) (a) In this subsection, “youthful offender” means a person who
17committed an offense before the person attained the age of 18 years.
AB775,6,2018 (b) When a court sentences a youthful offender to life imprisonment for a crime
19committed on or after July 1, 1988, but before December 31, 1999, the court shall set
20a date on which the youthful offender is eligible for parole.
AB775,6,2321 (c) When a court sentences a youthful offender to life imprisonment for a crime
22committed on or after December 31, 1999, the court shall set a date on which the
23youthful offender is eligible for release to extended supervision.
AB775,7,3
1(d) When sentencing a youthful offender to life imprisonment under par. (b) or
2(c), the court shall inform the youthful offender of the procedure for petitioning for
3a sentence adjustment under s. 973.018.
AB775,7,64 (e) When sentencing a youthful offender to life imprisonment under par. (b) or
5(c), the court shall consider, in addition to all other relevant factors, all of the
6following:
AB775,7,97 1. That, because children are less criminally culpable and more amenable to
8reform, youthful offenders are constitutionally different from adults for the purposes
9of sentencing.
AB775,7,1110 2. That the sentencing goals of deterrence, retribution, and incapacitation are
11secondary to the goal of rehabilitation when sentencing youthful offenders.
AB775,7,1512 3. That unless the state proves beyond a reasonable doubt that the youthful
13offender is permanently incorrigible and is therefore unable to be rehabilitated,
14youthful offenders must have a meaningful opportunity to obtain release from prison
15based on maturity and rehabilitation.
AB775,18 16Section 18. 973.017 (2c) of the statutes is created to read:
AB775,7,1917 973.017 (2c) Mitigation for youth. When making a sentencing decision for a
18person who had not attained the age of 18 years at the time the crime was committed,
19the court shall consider all of the following mitigating factors:
AB775,7,2220 (a) That, because children are less criminally culpable and more amenable to
21reform, youthful offenders are constitutionally different from adults for the purposes
22of sentencing.
AB775,7,2423 (b) That the sentencing goals of deterrence, retribution, and incapacitation are
24secondary to the goal of rehabilitation when sentencing youthful offenders.
AB775,8,4
1(c) That unless the state proves beyond a reasonable doubt that the youthful
2offender is permanently incorrigible and is therefore unable to be rehabilitated,
3youthful offenders must have a meaningful opportunity to obtain release from prison
4based on maturity and rehabilitation.
AB775,19 5Section 19. 973.018 of the statutes is created to read:
AB775,8,7 6973.018 Sentence adjustment for youthful offenders. (1) Definition. In
7this section, “youthful offender” has the meaning given in s. 973.014 (3) (a).
AB775,8,12 8(2) Sentence adjustment; factors. A court may reduce a term of
9imprisonment, including life imprisonment under s. 973.014 (3), for a youthful
10offender who has served 15 years of his or her term of imprisonment if the court finds
11that the interests of justice warrant a reduction. In making its determination, the
12court shall consider all of the following:
AB775,8,1313 (a) The sentencing factors set forth in ss. 973.014 (3) (e) and 973.017 (2c).
AB775,8,1514 (b) The youthful offender's subsequent growth, behavior, and rehabilitation
15while incarcerated.
AB775,8,23 16(3) Petition for sentence adjustment. (a) One year before the youthful
17offender becomes eligible for a sentence adjustment under this section, the
18department shall provide written notice of the eligibility to the qualifying youthful
19offender, the sentencing court, the district attorney for the county in which the
20youthful offender was sentenced, and the state public defender. Notice under this
21paragraph shall include notice of the youthful offender's right to counsel and notice
22that if the youthful offender believes that he or she cannot afford an attorney, the
23youthful offender may ask the state public defender to represent him or her.
AB775,9,3
1(b) A youthful offender has a right to counsel in the sentence adjustment
2proceedings under this section. The right to counsel begins at the service of notice
3under par. (a).
AB775,9,84 (c) After service of notice under par. (a) and upon request by the youthful
5offender or the youthful offender's attorney, the court shall make documents from the
6sentencing hearing available to the youthful offender or his or her attorney, including
7the presentence investigation report in accordance with s. 972.15 (4m) and the
8transcript from the sentencing hearing.
AB775,9,139 (d) A qualifying youthful offender may file a petition for a sentence adjustment
10under this section. The petitioner shall file the petition and any affidavits and other
11written support for the petition in the sentencing court no more than 90 days before
12the youthful offender's eligibility date. A copy of the petition shall be served on the
13district attorney in the county in which the youthful offender was sentenced.
AB775,9,1514 (e) Upon receipt of a petition under par. (d), the district attorney shall notify
15any victims of the crime in accordance with s. 950.04 (1v) (gm).
AB775,9,17 16(4) Hearing. (a) The court shall hold a hearing within 120 days of a petition
17filed under sub. (3) (d), unless all parties agree to an extension for the hearing date.
AB775,9,2218 (b) The court shall consider relevant information, including expert testimony
19and other information about the youthful offender's participation in any available
20educational, vocational, volunteer, community service, or other programs, the
21youthful offender's work reports and psychological evaluations, and the youthful
22offender's major violations of institutional rules, if any.
AB775,9,2523 (c) The youthful offender has the right to attend the hearing, the right to be
24represented by counsel, and the right to testify, present evidence, and cross-examine
25witnesses.
AB775,10,2
1(d) The victim shall be given the opportunity to provide a statement concerning
2sentencing in accordance with s. 950.04 (1v) (m).
AB775,10,33 (e) A hearing under this subsection shall be recorded.
AB775,10,54 (f) The decision of the court on a petition under sub. (3) is a final adjudication
5subject to appeal under s. 809.30.
AB775,10,8 6(5) Order. If the court finds that the interests of justice warrant a sentence
7adjustment, the court may amend the judgment of conviction according to one of the
8following:
AB775,10,129 (a) If the youthful offender is serving a sentence for a crime committed before
10December 31, 1999, reduce the parole eligibility date and modify the conditions of
11parole. The court may also reduce the sentence, but shall provide for at least 3 years
12of parole supervision after release from prison.
AB775,10,1813 (b) Upon request by the youthful offender, for a crime committed before
14December 31, 1999, convert an indeterminate sentence to a bifurcated sentence
15under s. 973.01 or 973.014 (1g). If the court converts the indeterminate sentence to
16a bifurcated sentence, the court shall set a date for release to extended supervision
17under s. 302.113 that is no later than the original parole eligibility date. The court
18may also modify the conditions of parole or extended supervision.
AB775,10,2319 (c) For a crime committed on or after December 31, 1999, reduce the term of
20confinement in prison and modify the conditions of extended supervision. The court
21may also reduce the total length of the bifurcated sentence. Notwithstanding s.
22973.01 (2) (d), the court shall provide for at least 3 years of extended supervision
23under s. 302.113.
AB775,11,324 (d) For a life sentence without the possibility of parole or release to extended
25supervision under s. 973.014 (1) (c) or (1g) (a) 3., convert the sentence to a life

1sentence with the possibility of parole or release to extended supervision and set a
2date for parole eligibility or release to extended supervision and conditions for parole
3or extended supervision accordingly.
AB775,11,7 4(6) Subsequent petitions. A youthful offender is eligible to file a subsequent
5petition under sub. (3) no earlier than 5 years after a hearing is held under sub. (4),
6unless the court sets an earlier date. A youthful offender may file no more than 5
7petitions under sub. (3) during his or her sentence.
AB775,11,10 8(7) Sentence modification on other grounds. Nothing in this section limits
9the youthful offender's right to resentencing, sentence adjustment, or sentence
10modification on other grounds, including under s. 302.113 (9g) or 302.114.
AB775,20 11Section 20. 973.15 (2m) (a) 1. of the statutes is amended to read:
AB775,11,1412 973.15 (2m) (a) 1. “Determinate sentence" means a bifurcated sentence
13imposed under s. 973.01 or a life sentence under which a person is eligible for release
14to extended supervision under s. 973.014 (1g) (a) 1. or 2. or (3) (c).
AB775,21 15Section 21 . 977.05 (4) (i) 10. of the statutes is created to read:
AB775,11,1616 977.05 (4) (i) 10. Cases involving youthful offenders under s. 973.018 (3).
AB775,22 17Section 22. 978.07 (1) (c) 1. of the statutes is amended to read:
AB775,11,2418 978.07 (1) (c) 1. Any case record of a felony punishable by life imprisonment
19or a related case, after the defendant's parole eligibility date under s. 304.06 (1) or
20973.014 (1) or (3) (b) or date of eligibility for release to extended supervision under
21s. 973.014 (1g) (a) 1. or 2. or (3) (c), whichever is applicable, or 50 years after the
22commencement of the action, whichever occurs later. If there is no parole eligibility
23date or no date for release to extended supervision, the district attorney may destroy
24the case record after the defendant's death.
AB775,23 25Section 23 . Nonstatutory provisions.
AB775,12,4
1(1) No later than the first day of the 6th month beginning after the effective date
2of this subsection, the department of corrections shall provide written notice under
3s. 973.018 (3) (a) to all youthful offenders who have served at least 14 years of their
4terms of imprisonment.
AB775,24 5Section 24 . Initial applicability.
AB775,12,86 (1) The treatment of ss. 973.014 (1) (intro.), (1g) (a) (intro.), and (3) and 973.017
7(2c) first applies to a conviction for which sentencing has occurred on the effective
8date of this subsection.
AB775,12,109 (2) The treatment of s. 973.018 first applies to a youthful offender who is
10serving a term of imprisonment on the effective date of this subsection.
AB775,12,1111 (End)
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