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AB68-ASA2-AA7,416zd 16Section 416zd. 939.632 (1) (e) 3. of the statutes is amended to read:
AB68-ASA2-AA7,44,1817 939.632 (1) (e) 3. Any misdemeanor under s. 940.19 (1), 940.225 (3m), 940.32
18(2),
940.42, 940.44, 941.20 (1), 941.23, 941.231, 941.235, or 941.38 (3).
AB68-ASA2-AA7,416ze 19Section 416ze. 946.50 (intro.) of the statutes is amended to read:
AB68-ASA2-AA7,44,24 20946.50 Absconding. (intro.) Any person who is adjudicated delinquent, but
21who intentionally fails to appear before the court assigned to exercise jurisdiction
22under chs. 48 and 938 for his or her dispositional hearing under s. 938.335, and who
23does not return to that court for a dispositional hearing before attaining the age of
2417 years
becoming an adult is guilty of the following:
AB68-ASA2-AA7,416zf 25Section 416zf. 948.01 (1) of the statutes is amended to read:
AB68-ASA2-AA7,45,4
1948.01 (1) “Child" means a person who has not attained the age of 18 years,
2except that for purposes of prosecuting a person who is alleged to have violated a
3state or federal criminal law, “child" does not include a person who has attained the
4age of 17 years
.
AB68-ASA2-AA7,416zg 5Section 416zg. 948.11 (2) (am) (intro.) of the statutes is amended to read:
AB68-ASA2-AA7,45,106 948.11 (2) (am) (intro.) Any person who has attained the age of 17 and adult
7who, with knowledge of the character and content of the description or narrative
8account, verbally communicates, by any means, a harmful description or narrative
9account to a child, with or without monetary consideration, is guilty of a Class I
10felony if any of the following applies:
AB68-ASA2-AA7,416zh 11Section 416zh. 948.45 (1) of the statutes is amended to read:
AB68-ASA2-AA7,45,1512 948.45 (1) Except as provided in sub. (2), any person 17 years of age or older
13adult who, by any act or omission, knowingly encourages or contributes to the
14truancy, as defined under s. 118.16 (1) (c), of a person 17 years of age or under child
15is guilty of a Class C misdemeanor.
AB68-ASA2-AA7,416zi 16Section 416zi. 948.60 (2) (d) of the statutes is amended to read:
AB68-ASA2-AA7,45,2017 948.60 (2) (d) A person under 17 years of age child who has violated this
18subsection is subject to the provisions of ch. 938 unless jurisdiction is waived under
19s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction
20under s. 938.183.
AB68-ASA2-AA7,416zj 21Section 416zj. 948.61 (4) of the statutes is amended to read:
AB68-ASA2-AA7,45,2522 948.61 (4) A person under 17 years of age child who has violated this section
23is subject to the provisions of ch. 938, unless jurisdiction is waived under s. 938.18
24or the person is subject to the jurisdiction of a court of criminal jurisdiction under s.
25938.183.”.
AB68-ASA2-AA7,46,1
135. Page 355, line 20: after that line insert:
AB68-ASA2-AA7,46,2 2 Section 417c. 973.01 (2) (d) 3. of the statutes is repealed.
AB68-ASA2-AA7,417d 3Section 417d. 973.01 (2) (d) 4. of the statutes is amended to read:
AB68-ASA2-AA7,46,54 973.01 (2) (d) 4. For a Class D, E, F, or G felony, the term of extended
5supervision may not exceed 5 years.
AB68-ASA2-AA7,417e 6Section 417e. 973.01 (3g) of the statutes is repealed.
AB68-ASA2-AA7,417f 7Section 417f. 973.01 (5m) of the statutes is created to read:
AB68-ASA2-AA7,46,118 973.01 (5m) Early discharge from extended supervision. (a) In this
9subsection, “qualifying offense” means a crime other than a violation of ch. 940 or s.
10948.02, 948.025, 948.03, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08,
11948.085, or 948.095.
AB68-ASA2-AA7,46,1412 (b) The court may modify the person's sentence by reducing the term of
13extended supervision and may order early discharge of the person from the sentence
14if all of the following apply:
AB68-ASA2-AA7,46,1615 1. The department petitions the court to discharge the person from extended
16supervision for a qualifying offense.
AB68-ASA2-AA7,46,1817 2. The person has completed 3 years or 50 percent of his or her term of extended
18supervision for the qualifying offense, whichever is less.
AB68-ASA2-AA7,46,2019 3. The person has satisfied all conditions of extended supervision that were set
20by the sentencing court for the qualifying offense.
AB68-ASA2-AA7,46,2221 4. The person has satisfied all rules and conditions of supervision that were set
22by the department for the qualifying offense.
AB68-ASA2-AA7,46,2323 5. The person has fulfilled all financial obligations to his or her victims.
AB68-ASA2-AA7,46,2424 6. The person is not required to register under s. 301.45.
AB68-ASA2-AA7,47,2
1(c) If a person is serving more than one sentence, early discharge under par. (b)
2applies only to the terms of extended supervision imposed for qualifying offenses.
AB68-ASA2-AA7,47,33 (d) 1. In this paragraph, “victim" has the meaning given in s. 950.02 (4).
AB68-ASA2-AA7,47,124 2. When a court receives a petition under par. (b) 1., the clerk of the circuit court
5shall send a notice of hearing to the victim of the crime committed by the person
6serving the term of extended supervision, if the victim has submitted a card under
7subd. 3. requesting notification. The notice shall inform the victim that he or she may
8appear at any hearing scheduled under par. (b) and shall inform the victim of the
9manner in which he or she may provide a statement concerning the early discharge
10from extended supervision. The clerk of the circuit court shall make a reasonable
11attempt to send the notice of hearing to the last-known address of the victim,
12postmarked at least 10 days before the date of the hearing.
AB68-ASA2-AA7,47,2413 3. The director of state courts shall design and prepare cards for a victim to send
14to the clerk of the circuit court for the county in which the person serving the term
15of extended supervision was convicted and sentenced. The cards shall have space for
16a victim to provide his or her name and address, the name of the applicable person
17serving a term of extended supervision, and any other information that the director
18of state courts determines is necessary. The director of state courts shall provide the
19cards, without charge, to clerks of circuit court. Clerks of circuit court shall provide
20the cards, without charge, to victims. Victims may send completed cards to the clerk
21of the circuit court for the county in which the person serving a term of extended
22supervision was convicted and sentenced. All court records or portions of records
23that relate to mailing addresses of victims are not subject to inspection or copying
24under s. 19.35 (1).
AB68-ASA2-AA7,417g 25Section 417g. 973.01 (8) (a) 6. of the statutes is created to read:
AB68-ASA2-AA7,48,2
1973.01 (8) (a) 6. The conditions under which the court may reduce the term of
2the person's extended supervision under sub. (5m).
AB68-ASA2-AA7,417h 3Section 417h. 973.01 (8) (ag) of the statutes is amended to read:
AB68-ASA2-AA7,48,74 973.01 (8) (ag) If the The court provides under sub. (3g) that shall inform the
5person is eligible to participate in of the availability of the earned release program
6under s. 302.05 (3), the court shall also inform the person of the provisions of s. 302.05
7(3) (c)
.
AB68-ASA2-AA7,417i 8Section 417i. 973.10 (2) (intro.) of the statutes is renumbered 973.10 (2) (am)
9and amended to read:
AB68-ASA2-AA7,48,1710 973.10 (2) (am) If a probationer violates the conditions of probation, the
11department of corrections may initiate a proceeding before the division of hearings
12and appeals in the department of administration. Unless waived by the probationer,
13a hearing examiner for the division shall conduct an administrative hearing and
14enter an order either revoking or not revoking probation. Upon request of either
15party, the administrator of the division shall review the order. If the probationer
16waives the final administrative hearing, the secretary of corrections shall enter an
17order either revoking or not revoking probation.
AB68-ASA2-AA7,48,18 18(bm) 2. If probation is revoked, the department shall do one of the following:
AB68-ASA2-AA7,417j 19Section 417j. 973.10 (2) (a) and (b) of the statutes are renumbered 973.10 (2)
20(bm) 2. a. and b.
AB68-ASA2-AA7,417k 21Section 417k. 973.10 (2) (bm) 1. of the statutes is created to read:
AB68-ASA2-AA7,48,2322 973.10 (2) (bm) 1. Probation may not be revoked unless one of the following
23applies:
AB68-ASA2-AA7,48,2424 a. The person committed 3 or more independent violations while on probation.
AB68-ASA2-AA7,49,2
1b. The condition that the person violated was a condition that the person not
2contact any specified individual.
AB68-ASA2-AA7,49,33 c. The person was required to register as a sex offender under s. 301.45.
AB68-ASA2-AA7,49,54 d. When the person violated the condition of probation, the person also
5allegedly committed a crime.
AB68-ASA2-AA7,49,76 e. The person failed to report or make himself or herself available for
7supervision for a period of more than 60 consecutive days.
AB68-ASA2-AA7,417L 8Section 417L. 973.10 (2s) of the statutes is repealed.
AB68-ASA2-AA7,417m 9Section 417m. 973.15 (5) of the statutes is amended to read:
AB68-ASA2-AA7,49,1310 973.15 (5) A convicted offender who is made available to another jurisdiction
11under ch. 976 or in any other lawful manner shall be credited with service of his or
12her Wisconsin sentence or commitment under the terms of s. ss. 973.155 and 973.156
13for the duration of custody in the other jurisdiction.
AB68-ASA2-AA7,417n 14Section 417n. 973.156 of the statutes is created to read:
AB68-ASA2-AA7,49,17 15973.156 Earned compliance credit. (1) In this section, “qualifying offense”
16means a crime other than a violation of ch. 940 or s. 948.02, 948.025, 948.03, 948.05,
17948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095.
AB68-ASA2-AA7,49,24 18(2) Upon the revocation of extended supervision under s. 302.113 (9) or parole
19under s. 302.11 (7), a person shall be given earned compliance credit toward the
20service of his or her sentence for a qualifying offense for each day that the person
21spent on extended supervision or parole without violating a condition or rule of
22extended supervision or parole prior to the violation that resulted in the revocation.
23A person may not be given earned compliance credit for any time between the date
24of the most recent violation and the date of the revocation.
AB68-ASA2-AA7,50,2
1(3) Subsection (2) does not apply to a person who is required to register under
2s. 301.45.
AB68-ASA2-AA7,50,5 3(4) If a person is serving more than one sentence, earned compliance credit
4under sub. (2) is earned only for the time spent on extended supervision or parole for
5qualifying offenses.
AB68-ASA2-AA7,50,7 6(5) The amount of the credit under sub. (2) shall be calculated and applied by
7the appropriate reviewing authority under s. 302.11 (7) (am) or 302.113 (9) (am) 1.”.
AB68-ASA2-AA7,50,8 836. Page 355, line 20: after that line insert:
AB68-ASA2-AA7,50,9 9 Section 417dm. 973.01 (3) of the statutes is amended to read:
AB68-ASA2-AA7,50,1210 973.01 (3) Not applicable to life sentences. If a person is being sentenced for
11a felony that is punishable by life imprisonment, he or she is not subject to this
12section but shall be sentenced under s. 973.014 (1g) or (3).
AB68-ASA2-AA7,417em 13Section 417em. 973.01 (4) of the statutes is amended to read:
AB68-ASA2-AA7,50,1914 973.01 (4) No good time; extension or reduction of term of imprisonment. A
15person sentenced to a bifurcated sentence under sub. (1) shall serve the term of
16confinement in prison portion of the sentence without reduction for good behavior.
17The term of confinement in prison portion is subject to extension under s. 302.113 (3)
18and, if applicable, to reduction under s. 302.045 (3m), 302.05 (3) (c) 2. a., 302.113 (9g),
19973.018, 973.195 (1r), or 973.198.
AB68-ASA2-AA7,417hm 20Section 417hm. 973.014 (1) (intro.) of the statutes is amended to read:
AB68-ASA2-AA7,50,2421 973.014 (1) (intro.) Except as provided in sub. (2) or (3), when a court sentences
22a person to life imprisonment for a crime committed on or after July 1, 1988, but
23before December 31, 1999, the court shall make a parole eligibility determination
24regarding the person and choose one of the following options:
AB68-ASA2-AA7,417hn
1Section 417hn. 973.014 (1g) (a) (intro.) of the statutes is amended to read:
AB68-ASA2-AA7,51,52 973.014 (1g) (a) (intro.) Except as provided in sub. (2) or (3), when a court
3sentences a person to life imprisonment for a crime committed on or after December
431, 1999, the court shall make an extended supervision eligibility date determination
5regarding the person and choose one of the following options:
AB68-ASA2-AA7,417ho 6Section 417ho. 973.014 (3) of the statutes is created to read:
AB68-ASA2-AA7,51,87 973.014 (3) (a) In this subsection, “youthful offender” means a person who
8committed an offense before the person attained the age of 18 years.
AB68-ASA2-AA7,51,119 (b) When a court sentences a youthful offender to life imprisonment for a crime
10committed on or after July 1, 1988, but before December 31, 1999, the court shall set
11a date on which the youthful offender is eligible for parole.
AB68-ASA2-AA7,51,1412 (c) When a court sentences a youthful offender to life imprisonment for a crime
13committed on or after December 31, 1999, the court shall set a date on which the
14youthful offender is eligible for release to extended supervision.
AB68-ASA2-AA7,51,1715 (d) When sentencing a youthful offender to life imprisonment under par. (b) or
16(c), the court shall inform the youthful offender of the procedure for petitioning for
17a sentence adjustment under s. 973.018.
AB68-ASA2-AA7,51,2018 (e) When sentencing a youthful offender to life imprisonment under par. (b) or
19(c), the court shall consider, in addition to all other relevant factors, all of the
20following:
AB68-ASA2-AA7,51,2321 1. That, because children are less criminally culpable and more amenable to
22reform, youthful offenders are constitutionally different from adults for the purposes
23of sentencing.
AB68-ASA2-AA7,51,2524 2. That the sentencing goals of deterrence, retribution, and incapacitation are
25secondary to the goal of rehabilitation when sentencing youthful offenders.
AB68-ASA2-AA7,52,4
13. 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.
AB68-ASA2-AA7,417hp 5Section 417hp. 973.017 (2c) of the statutes is created to read:
AB68-ASA2-AA7,52,86 973.017 (2c) Mitigation for youth. When making a sentencing decision for a
7person who had not attained the age of 18 years at the time the crime was committed,
8the court shall consider all of the following mitigating factors:
AB68-ASA2-AA7,52,119 (a) That, because children are less criminally culpable and more amenable to
10reform, youthful offenders are constitutionally different from adults for the purposes
11of sentencing.
AB68-ASA2-AA7,52,1312 (b) That the sentencing goals of deterrence, retribution, and incapacitation are
13secondary to the goal of rehabilitation when sentencing youthful offenders.
AB68-ASA2-AA7,52,1714 (c) That unless the state proves beyond a reasonable doubt that the youthful
15offender is permanently incorrigible and is therefore unable to be rehabilitated,
16youthful offenders must have a meaningful opportunity to obtain release from prison
17based on maturity and rehabilitation.
AB68-ASA2-AA7,417hq 18Section 417hq. 973.018 of the statutes is created to read:
AB68-ASA2-AA7,52,20 19973.018 Sentence adjustment for youthful offenders. (1) Definition. In
20this section, “youthful offender” has the meaning given in s. 973.014 (3) (a).
AB68-ASA2-AA7,52,25 21(2) Sentence adjustment; factors. A court may reduce a term of
22imprisonment, including life imprisonment under s. 973.014 (3), for a youthful
23offender who has served 15 years of his or her term of imprisonment if the court finds
24that the interests of justice warrant a reduction. In making its determination, the
25court shall consider all of the following:
AB68-ASA2-AA7,53,1
1(a) The sentencing factors set forth in ss. 973.014 (3) (e) and 973.017 (2c).
AB68-ASA2-AA7,53,32 (b) The youthful offender's subsequent growth, behavior, and rehabilitation
3while incarcerated.
AB68-ASA2-AA7,53,11 4(3) Petition for sentence adjustment. (a) One year before the youthful
5offender becomes eligible for a sentence adjustment under this section, the
6department shall provide written notice of the eligibility to the qualifying youthful
7offender, the sentencing court, the district attorney for the county in which the
8youthful offender was sentenced, and the state public defender. Notice under this
9paragraph shall include notice of the youthful offender's right to counsel and notice
10that if the youthful offender believes that he or she cannot afford an attorney, the
11youthful offender may ask the state public defender to represent him or her.
AB68-ASA2-AA7,53,1412 (b) A youthful offender has a right to counsel in the sentence adjustment
13proceedings under this section. The right to counsel begins at the service of notice
14under par. (a).
AB68-ASA2-AA7,53,1915 (c) After service of notice under par. (a) and upon request by the youthful
16offender or the youthful offender's attorney, the court shall make documents from the
17sentencing hearing available to the youthful offender or his or her attorney, including
18the presentence investigation report in accordance with s. 972.15 (4m) and the
19transcript from the sentencing hearing.
AB68-ASA2-AA7,53,2420 (d) A qualifying youthful offender may file a petition for a sentence adjustment
21under this section. The petitioner shall file the petition and any affidavits and other
22written support for the petition in the sentencing court no more than 90 days before
23the youthful offender's eligibility date. A copy of the petition shall be served on the
24district attorney in the county in which the youthful offender was sentenced.
AB68-ASA2-AA7,54,2
1(e) Upon receipt of a petition under par. (d), the district attorney shall notify
2any victims of the crime in accordance with s. 950.04 (1v) (gm).
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