Amendment AA7-ASA2-AB68

AB68-ASA2-AA7,417h Section 417h. 973.01 (8) (ag) of the statutes is amended to read:

AB68-ASA2-AA7,48,7 973.01 (8) (ag) If the The court provides under sub. (3g) that shall inform the person is eligible to participate in of the availability of the earned release program under s. 302.05 (3), the court shall also inform the person of the provisions of s. 302.05 (3) (c).

AB68-ASA2-AA7,417i Section 417i. 973.10 (2) (intro.) of the statutes is renumbered 973.10 (2) (am) and amended to read:

AB68-ASA2-AA7,48,17 973.10 (2) (am) If a probationer violates the conditions of probation, the department of corrections may initiate a proceeding before the division of hearings and appeals in the department of administration. Unless waived by the probationer, a hearing examiner for the division shall conduct an administrative hearing and enter an order either revoking or not revoking probation. Upon request of either party, the administrator of the division shall review the order. If the probationer waives the final administrative hearing, the secretary of corrections shall enter an order either revoking or not revoking probation.

AB68-ASA2-AA7,48,18 (bm) 2. If probation is revoked, the department shall do one of the following:

AB68-ASA2-AA7,417j Section 417j. 973.10 (2) (a) and (b) of the statutes are renumbered 973.10 (2) (bm) 2. a. and b.

AB68-ASA2-AA7,417k Section 417k. 973.10 (2) (bm) 1. of the statutes is created to read:

AB68-ASA2-AA7,48,23 973.10 (2) (bm) 1. Probation may not be revoked unless one of the following applies:

AB68-ASA2-AA7,48,24 a. The person committed 3 or more independent violations while on probation.

AB68-ASA2-AA7,49,2 b. The condition that the person violated was a condition that the person not contact any specified individual.

AB68-ASA2-AA7,49,3 c. The person was required to register as a sex offender under s. 301.45.

AB68-ASA2-AA7,49,5 d. When the person violated the condition of probation, the person also allegedly committed a crime.

AB68-ASA2-AA7,49,7 e. The person failed to report or make himself or herself available for supervision for a period of more than 60 consecutive days.

AB68-ASA2-AA7,417L Section 417L. 973.10 (2s) of the statutes is repealed.

AB68-ASA2-AA7,417m Section 417m. 973.15 (5) of the statutes is amended to read:

AB68-ASA2-AA7,49,13 973.15 (5) A convicted offender who is made available to another jurisdiction under ch. 976 or in any other lawful manner shall be credited with service of his or her Wisconsin sentence or commitment under the terms of s. ss. 973.155 and 973.156 for the duration of custody in the other jurisdiction.

AB68-ASA2-AA7,417n Section 417n. 973.156 of the statutes is created to read:

AB68-ASA2-AA7,49,17 973.156 Earned compliance credit. (1) In this section, “qualifying offense” means a crime other than a violation of ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095.

AB68-ASA2-AA7,49,24 (2) Upon the revocation of extended supervision under s. 302.113 (9) or parole under s. 302.11 (7), a person shall be given earned compliance credit toward the service of his or her sentence for a qualifying offense for each day that the person spent on extended supervision or parole without violating a condition or rule of extended supervision or parole prior to the violation that resulted in the revocation. A person may not be given earned compliance credit for any time between the date of the most recent violation and the date of the revocation.

AB68-ASA2-AA7,50,2 (3) Subsection (2) does not apply to a person who is required to register under s. 301.45.

AB68-ASA2-AA7,50,5 (4) If a person is serving more than one sentence, earned compliance credit under sub. (2) is earned only for the time spent on extended supervision or parole for qualifying offenses.

AB68-ASA2-AA7,50,7 (5) The amount of the credit under sub. (2) shall be calculated and applied by the appropriate reviewing authority under s. 302.11 (7) (am) or 302.113 (9) (am) 1.”.

AB68-ASA2-AA7,50,8 36. Page 355, line 20: after that line insert:

AB68-ASA2-AA7,50,9 “ Section 417dm. 973.01 (3) of the statutes is amended to read:

AB68-ASA2-AA7,50,12 973.01 (3) Not applicable to life sentences. If a person is being sentenced for a felony that is punishable by life imprisonment, he or she is not subject to this section but shall be sentenced under s. 973.014 (1g) or (3).

AB68-ASA2-AA7,417em Section 417em. 973.01 (4) of the statutes is amended to read:

AB68-ASA2-AA7,50,19 973.01 (4) No good time; extension or reduction of term of imprisonment. A person sentenced to a bifurcated sentence under sub. (1) shall serve the term of confinement in prison portion of the sentence without reduction for good behavior. The term of confinement in prison portion is subject to extension under s. 302.113 (3) and, if applicable, to reduction under s. 302.045 (3m), 302.05 (3) (c) 2. a., 302.113 (9g), 973.018, 973.195 (1r), or 973.198.

AB68-ASA2-AA7,417hm Section 417hm. 973.014 (1) (intro.) of the statutes is amended to read:

AB68-ASA2-AA7,50,24 973.014 (1) (intro.) Except as provided in sub. (2) or (3), when a court sentences a person to life imprisonment for a crime committed on or after July 1, 1988, but before December 31, 1999, the court shall make a parole eligibility determination regarding the person and choose one of the following options:

AB68-ASA2-AA7,417hn Section 417hn. 973.014 (1g) (a) (intro.) of the statutes is amended to read:

AB68-ASA2-AA7,51,5 973.014 (1g) (a) (intro.) Except as provided in sub. (2) or (3), when a court sentences a person to life imprisonment for a crime committed on or after December 31, 1999, the court shall make an extended supervision eligibility date determination regarding the person and choose one of the following options:

AB68-ASA2-AA7,417ho Section 417ho. 973.014 (3) of the statutes is created to read:

AB68-ASA2-AA7,51,8 973.014 (3) (a) In this subsection, “youthful offender” means a person who committed an offense before the person attained the age of 18 years.

AB68-ASA2-AA7,51,11 (b) When a court sentences a youthful offender to life imprisonment for a crime committed on or after July 1, 1988, but before December 31, 1999, the court shall set a date on which the youthful offender is eligible for parole.

AB68-ASA2-AA7,51,14 (c) When a court sentences a youthful offender to life imprisonment for a crime committed on or after December 31, 1999, the court shall set a date on which the youthful offender is eligible for release to extended supervision.

AB68-ASA2-AA7,51,17 (d) When sentencing a youthful offender to life imprisonment under par. (b) or (c), the court shall inform the youthful offender of the procedure for petitioning for a sentence adjustment under s. 973.018.

AB68-ASA2-AA7,51,20 (e) When sentencing a youthful offender to life imprisonment under par. (b) or (c), the court shall consider, in addition to all other relevant factors, all of the following:

AB68-ASA2-AA7,51,23 1. That, because children are less criminally culpable and more amenable to reform, youthful offenders are constitutionally different from adults for the purposes of sentencing.

AB68-ASA2-AA7,51,25 2. That the sentencing goals of deterrence, retribution, and incapacitation are secondary to the goal of rehabilitation when sentencing youthful offenders.

AB68-ASA2-AA7,52,4 3. That unless the state proves beyond a reasonable doubt that the youthful offender is permanently incorrigible and is therefore unable to be rehabilitated, youthful offenders must have a meaningful opportunity to obtain release from prison based on maturity and rehabilitation.

AB68-ASA2-AA7,417hp Section 417hp. 973.017 (2c) of the statutes is created to read:

AB68-ASA2-AA7,52,8 973.017 (2c) Mitigation for youth. When making a sentencing decision for a person who had not attained the age of 18 years at the time the crime was committed, the court shall consider all of the following mitigating factors:

AB68-ASA2-AA7,52,11 (a) That, because children are less criminally culpable and more amenable to reform, youthful offenders are constitutionally different from adults for the purposes of sentencing.

AB68-ASA2-AA7,52,13 (b) That the sentencing goals of deterrence, retribution, and incapacitation are secondary to the goal of rehabilitation when sentencing youthful offenders.

AB68-ASA2-AA7,52,17 (c) That unless the state proves beyond a reasonable doubt that the youthful offender is permanently incorrigible and is therefore unable to be rehabilitated, youthful offenders must have a meaningful opportunity to obtain release from prison based on maturity and rehabilitation.

AB68-ASA2-AA7,417hq Section 417hq. 973.018 of the statutes is created to read:

AB68-ASA2-AA7,52,20 973.018 Sentence adjustment for youthful offenders. (1) Definition. In this section, “youthful offender” has the meaning given in s. 973.014 (3) (a).

AB68-ASA2-AA7,52,25 (2) Sentence adjustment; factors. A court may reduce a term of imprisonment, including life imprisonment under s. 973.014 (3), for a youthful offender who has served 15 years of his or her term of imprisonment if the court finds that the interests of justice warrant a reduction. In making its determination, the court shall consider all of the following:

AB68-ASA2-AA7,53,1 (a) The sentencing factors set forth in ss. 973.014 (3) (e) and 973.017 (2c).

AB68-ASA2-AA7,53,3 (b) The youthful offender's subsequent growth, behavior, and rehabilitation while incarcerated.

AB68-ASA2-AA7,53,11 (3) Petition for sentence adjustment. (a) One year before the youthful offender becomes eligible for a sentence adjustment under this section, the department shall provide written notice of the eligibility to the qualifying youthful offender, the sentencing court, the district attorney for the county in which the youthful offender was sentenced, and the state public defender. Notice under this paragraph shall include notice of the youthful offender's right to counsel and notice that if the youthful offender believes that he or she cannot afford an attorney, the youthful offender may ask the state public defender to represent him or her.

AB68-ASA2-AA7,53,14 (b) A youthful offender has a right to counsel in the sentence adjustment proceedings under this section. The right to counsel begins at the service of notice under par. (a).

AB68-ASA2-AA7,53,19 (c) After service of notice under par. (a) and upon request by the youthful offender or the youthful offender's attorney, the court shall make documents from the sentencing hearing available to the youthful offender or his or her attorney, including the presentence investigation report in accordance with s. 972.15 (4m) and the transcript from the sentencing hearing.

AB68-ASA2-AA7,53,24 (d) A qualifying youthful offender may file a petition for a sentence adjustment under this section. The petitioner shall file the petition and any affidavits and other written support for the petition in the sentencing court no more than 90 days before the youthful offender's eligibility date. A copy of the petition shall be served on the district attorney in the county in which the youthful offender was sentenced.

AB68-ASA2-AA7,54,2 (e) Upon receipt of a petition under par. (d), the district attorney shall notify any victims of the crime in accordance with s. 950.04 (1v) (gm).

AB68-ASA2-AA7,54,4 (4) Hearing. (a) The court shall hold a hearing within 120 days of a petition filed under sub. (3) (d), unless all parties agree to an extension for the hearing date.

AB68-ASA2-AA7,54,9 (b) The court shall consider relevant information, including expert testimony and other information about the youthful offender's participation in any available educational, vocational, volunteer, community service, or other programs, the youthful offender's work reports and psychological evaluations, and the youthful offender's major violations of institutional rules, if any.

AB68-ASA2-AA7,54,12 (c) The youthful offender has the right to attend the hearing, the right to be represented by counsel, and the right to testify, present evidence, and cross-examine witnesses.

AB68-ASA2-AA7,54,14 (d) The victim shall be given the opportunity to provide a statement concerning sentencing in accordance with s. 950.04 (1v) (m).

AB68-ASA2-AA7,54,15 (e) A hearing under this subsection shall be recorded.

AB68-ASA2-AA7,54,17 (f) The decision of the court on a petition under sub. (3) is a final adjudication subject to appeal under s. 809.30.

AB68-ASA2-AA7,54,20 (5) Order. If the court finds that the interests of justice warrant a sentence adjustment, the court may amend the judgment of conviction according to one of the following:

AB68-ASA2-AA7,54,24 (a) If the youthful offender is serving a sentence for a crime committed before December 31, 1999, reduce the parole eligibility date and modify the conditions of parole. The court may also reduce the sentence, but shall provide for at least 3 years of parole supervision after release from prison.

AB68-ASA2-AA7,55,6 (b) Upon request by the youthful offender, for a crime committed before December 31, 1999, convert an indeterminate sentence to a bifurcated sentence under s. 973.01 or 973.014 (1g). If the court converts the indeterminate sentence to a bifurcated sentence, the court shall set a date for release to extended supervision under s. 302.113 that is no later than the original parole eligibility date. The court may also modify the conditions of parole or extended supervision.

AB68-ASA2-AA7,55,11 (c) For a crime committed on or after December 31, 1999, reduce the term of confinement in prison and modify the conditions of extended supervision. The court may also reduce the total length of the bifurcated sentence. Notwithstanding s. 973.01 (2) (d), the court shall provide for at least 3 years of extended supervision under s. 302.113.

AB68-ASA2-AA7,55,16 (d) For a life sentence without the possibility of parole or release to extended supervision under s. 973.014 (1) (c) or (1g) (a) 3., convert the sentence to a life sentence with the possibility of parole or release to extended supervision and set a date for parole eligibility or release to extended supervision and conditions for parole or extended supervision accordingly.

AB68-ASA2-AA7,55,20 (6) Subsequent petitions. A youthful offender is eligible to file a subsequent petition under sub. (3) no earlier than 5 years after a hearing is held under sub. (4), unless the court sets an earlier date. A youthful offender may file no more than 5 petitions under sub. (3) during his or her sentence.

AB68-ASA2-AA7,55,23 (7) Sentence modification on other grounds. Nothing in this section limits the youthful offender's right to resentencing, sentence adjustment, or sentence modification on other grounds, including under s. 302.113 (9g) or 302.114.

AB68-ASA2-AA7,417Lm Section 417Lm. 973.15 (2m) (a) 1. of the statutes is amended to read:

AB68-ASA2-AA7,56,3 973.15 (2m) (a) 1. “Determinate sentence" means a bifurcated sentence imposed under s. 973.01 or a life sentence under which a person is eligible for release to extended supervision under s. 973.014 (1g) (a) 1. or 2. or (3) (c).

AB68-ASA2-AA7,417o Section 417o. 977.05 (4) (i) 10. of the statutes is created to read:

AB68-ASA2-AA7,56,5 977.05 (4) (i) 10. Cases involving youthful offenders under s. 973.018 (3).

AB68-ASA2-AA7,417p Section 417p. 978.07 (1) (c) 1. of the statutes is amended to read:

AB68-ASA2-AA7,56,13 978.07 (1) (c) 1. Any case record of a felony punishable by life imprisonment or a related case, after the defendant's parole eligibility date under s. 304.06 (1) or 973.014 (1) or (3) (b) or date of eligibility for release to extended supervision under s. 973.014 (1g) (a) 1. or 2. or (3) (c), whichever is applicable, or 50 years after the commencement of the action, whichever occurs later. If there is no parole eligibility date or no date for release to extended supervision, the district attorney may destroy the case record after the defendant's death.”.

AB68-ASA2-AA7,56,14 37. Page 355, line 20: after that line insert:

AB68-ASA2-AA7,56,16 “ Section 418m. 2017 Wisconsin Act 185, section 110 (1) (a), as last affected by 2019 Wisconsin Act 8, is amended to read:

AB68-ASA2-AA7,57,5 [2017 Wisconsin Act 185] Section 110 (1) (a) Upon the establishment of the Type 1 juvenile correctional facilities under subsection (7) and the secured residential care centers for children and youth under subsections (4) and (7m), the department of corrections shall begin to transfer each juvenile held in secure custody at the Lincoln Hills School and Copper Lake School to the appropriate Type 1 juvenile correctional facility or secured residential care center for children and youth. No juvenile may be transferred to a Type 1 juvenile correctional facility until the department of corrections determines the facility to be ready to accept juveniles, and no juvenile may be transferred to a secured residential care center for children and youth until the entity operating the facility determines it to be ready to accept juveniles. The transfers may occur in phases. The department shall transfer all juveniles a juvenile under this subsection no later than July 1, 2021 as soon as a substitute placement that meets the needs of the juvenile is ready.

AB68-ASA2-AA7,418n Section 418n. 2017 Wisconsin Act 185, section 110 (2) (a), as last affected by 2019 Wisconsin Act 8, is amended to read:

AB68-ASA2-AA7,57,14 [2017 Wisconsin Act 185] Section 110 (2) (a) On the earlier of the date on which all juveniles have been transferred to secured residential care centers for children and youth and Type 1 juvenile correctional facilities under subsection (1) or July 1, 2021 (a) or transferred to a juvenile detention facility under 2019 Wisconsin Act 8, section 72 (1), the department of corrections shall permanently close the Type 1 juvenile correctional facilities housed at the Lincoln Hills School and Copper Lake School in the town of Birch, Lincoln County.

AB68-ASA2-AA7,418o Section 418o. 2017 Wisconsin Act 185, section 110 (7), as last affected by 2019 Wisconsin Act 8, is amended to read:

AB68-ASA2-AA7,57,22 [2017 Wisconsin Act 185] Section 110 (7) Type 1 juvenile correctional facilities. The department of corrections shall establish or construct the Type 1 juvenile correctional facilities under section 301.16 (1w) (a) of the statutes no later than July 1, 2021, subject to the approval of the joint committee on finance. The department shall consider the recommendations of the juvenile corrections study committee under subsection (6) (c) 2. in establishing or constructing these facilities.

AB68-ASA2-AA7,418p Section 418p. 2017 Wisconsin Act 185, section 112 (1), as last affected by 2019 Wisconsin Act 8, is amended to read:

AB68-ASA2-AA7,58,9 [2017 Wisconsin Act 185] Section 112 (1) The treatment of sections 46.011 (1p) (by Section 13), 46.057 (1) (by Section 15), 48.023 (4) (by Section 20), 49.11 (1c) (by Section 27), 49.45 (25) (bj) (by Section 29), 301.01 (1n) (by Section 35), 301.20, 938.02 (4) (by Section 50), 938.34 (2) (a) (by Section 57) and (b) (by Section 59) and (4m) (intro.) (by Section 62), 938.48 (3) (by Section 78), (4) (by Section 80), (4m) (b) (by Section 82), (5) (by Section 84), (6) (by Section 86), and (14) (by Section 88), 938.505 (1) (by Section 96), 938.52 (2) (a) and (c) (by Section 98), 938.53 (by Section 100), and 938.54 (by Section 107) of the statutes takes effect on the date specified in the notice under Section 110 (2) (b) or July 1, 2021, whichever is earlier.

AB68-ASA2-AA7,418q Section 418q. 2019 Wisconsin Act 8, section 72 (1) (b) is amended to read:

AB68-ASA2-AA7,58,18 [2019 Wisconsin Act 8] Section 72 (1) (b) Notwithstanding s. 938.34 (3) (f) 1., a juvenile may be placed in a juvenile detention facility under par. (a) for a period longer than 365 days, and shall be transferred out of the juvenile detention facility using the procedure and by the date required under 2017 Wisconsin Act 185, section 110 (1). The department of corrections shall transfer all juveniles placed in a juvenile detention facility under par. (a) out of the juvenile detention facility no later than July 1, 2021 as soon as a substitute placement that meets the needs of the juvenile is ready.

AB68-ASA2-AA7,418r Section 418r. 2019 Wisconsin Act 8, section 74 (1) is amended to read:

AB68-ASA2-AA7,58,25 [2019 Wisconsin Act 8] Section 74 (1) The treatment of ss. 46.011 (1p), 48.023 (4), 49.11 (1c), 49.45 (25) (bj), 301.01 (1n), 938.02 (4), 938.34 (4m) (intro.) (by Section 33) and (4n) (intro.), 938.357 (4g) (a), 938.48 (3), (4), (4m) (b), (5), (6), and (14), 938.505 (1), 938.52 (2) (a) and (c), 938.53, 938.533 (2) (intro.), and 938.54 takes effect on the date specified in the notice under 2017 Wisconsin Act 185, Section 110 (2) (b), or July 1, 2021, whichever is earlier.”.

AB68-ASA2-AA7,59,1 38. Page 355, line 20: after that line insert:

AB68-ASA2-AA7,59,2 “ Section 417a. 961.455 (title) of the statutes is amended to read: