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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).
AB68-ASA2-AA7,54,4 3(4) Hearing. (a) The court shall hold a hearing within 120 days of a petition
4filed under sub. (3) (d), unless all parties agree to an extension for the hearing date.
AB68-ASA2-AA7,54,95 (b) The court shall consider relevant information, including expert testimony
6and other information about the youthful offender's participation in any available
7educational, vocational, volunteer, community service, or other programs, the
8youthful offender's work reports and psychological evaluations, and the youthful
9offender's major violations of institutional rules, if any.
AB68-ASA2-AA7,54,1210 (c) The youthful offender has the right to attend the hearing, the right to be
11represented by counsel, and the right to testify, present evidence, and cross-examine
12witnesses.
AB68-ASA2-AA7,54,1413 (d) The victim shall be given the opportunity to provide a statement concerning
14sentencing in accordance with s. 950.04 (1v) (m).
AB68-ASA2-AA7,54,1515 (e) A hearing under this subsection shall be recorded.
AB68-ASA2-AA7,54,1716 (f) The decision of the court on a petition under sub. (3) is a final adjudication
17subject to appeal under s. 809.30.
AB68-ASA2-AA7,54,20 18(5) Order. If the court finds that the interests of justice warrant a sentence
19adjustment, the court may amend the judgment of conviction according to one of the
20following:
AB68-ASA2-AA7,54,2421 (a) If the youthful offender is serving a sentence for a crime committed before
22December 31, 1999, reduce the parole eligibility date and modify the conditions of
23parole. The court may also reduce the sentence, but shall provide for at least 3 years
24of parole supervision after release from prison.
AB68-ASA2-AA7,55,6
1(b) Upon request by the youthful offender, for a crime committed before
2December 31, 1999, convert an indeterminate sentence to a bifurcated sentence
3under s. 973.01 or 973.014 (1g). If the court converts the indeterminate sentence to
4a bifurcated sentence, the court shall set a date for release to extended supervision
5under s. 302.113 that is no later than the original parole eligibility date. The court
6may also modify the conditions of parole or extended supervision.
AB68-ASA2-AA7,55,117 (c) For a crime committed on or after December 31, 1999, reduce the term of
8confinement in prison and modify the conditions of extended supervision. The court
9may also reduce the total length of the bifurcated sentence. Notwithstanding s.
10973.01 (2) (d), the court shall provide for at least 3 years of extended supervision
11under s. 302.113.
AB68-ASA2-AA7,55,1612 (d) For a life sentence without the possibility of parole or release to extended
13supervision under s. 973.014 (1) (c) or (1g) (a) 3., convert the sentence to a life
14sentence with the possibility of parole or release to extended supervision and set a
15date for parole eligibility or release to extended supervision and conditions for parole
16or extended supervision accordingly.
AB68-ASA2-AA7,55,20 17(6) Subsequent petitions. A youthful offender is eligible to file a subsequent
18petition under sub. (3) no earlier than 5 years after a hearing is held under sub. (4),
19unless the court sets an earlier date. A youthful offender may file no more than 5
20petitions under sub. (3) during his or her sentence.
AB68-ASA2-AA7,55,23 21(7) Sentence modification on other grounds. Nothing in this section limits
22the youthful offender's right to resentencing, sentence adjustment, or sentence
23modification on other grounds, including under s. 302.113 (9g) or 302.114.
AB68-ASA2-AA7,417Lm 24Section 417Lm. 973.15 (2m) (a) 1. of the statutes is amended to read:
AB68-ASA2-AA7,56,3
1973.15 (2m) (a) 1. “Determinate sentence" means a bifurcated sentence
2imposed under s. 973.01 or a life sentence under which a person is eligible for release
3to extended supervision under s. 973.014 (1g) (a) 1. or 2. or (3) (c).
AB68-ASA2-AA7,417o 4Section 417o. 977.05 (4) (i) 10. of the statutes is created to read:
AB68-ASA2-AA7,56,55 977.05 (4) (i) 10. Cases involving youthful offenders under s. 973.018 (3).
AB68-ASA2-AA7,417p 6Section 417p. 978.07 (1) (c) 1. of the statutes is amended to read:
AB68-ASA2-AA7,56,137 978.07 (1) (c) 1. Any case record of a felony punishable by life imprisonment
8or a related case, after the defendant's parole eligibility date under s. 304.06 (1) or
9973.014 (1) or (3) (b) or date of eligibility for release to extended supervision under
10s. 973.014 (1g) (a) 1. or 2. or (3) (c), whichever is applicable, or 50 years after the
11commencement of the action, whichever occurs later. If there is no parole eligibility
12date or no date for release to extended supervision, the district attorney may destroy
13the case record after the defendant's death.”.
AB68-ASA2-AA7,56,14 1437. Page 355, line 20: after that line insert:
AB68-ASA2-AA7,56,16 15 Section 418m. 2017 Wisconsin Act 185, section 110 (1) (a), as last affected by
162019 Wisconsin Act 8, is amended to read:
AB68-ASA2-AA7,57,517[2017 Wisconsin Act 185] Section 110 (1) (a) Upon the establishment of the Type
181 juvenile correctional facilities under subsection (7) and the secured residential care
19centers for children and youth under subsections (4) and (7m), the department of
20corrections shall begin to transfer each juvenile held in secure custody at the Lincoln
21Hills School and Copper Lake School to the appropriate Type 1 juvenile correctional
22facility or secured residential care center for children and youth. No juvenile may
23be transferred to a Type 1 juvenile correctional facility until the department of
24corrections determines the facility to be ready to accept juveniles, and no juvenile

1may be transferred to a secured residential care center for children and youth until
2the entity operating the facility determines it to be ready to accept juveniles. The
3transfers may occur in phases. The department shall transfer all juveniles a juvenile
4under this subsection no later than July 1, 2021 as soon as a substitute placement
5that meets the needs of the juvenile is ready
.
AB68-ASA2-AA7,418n 6Section 418n. 2017 Wisconsin Act 185, section 110 (2) (a), as last affected by
72019 Wisconsin Act 8, is amended to read:
AB68-ASA2-AA7,57,148[2017 Wisconsin Act 185] Section 110 (2) (a) On the earlier of the date on which
9all juveniles have been transferred to secured residential care centers for children
10and youth and Type 1 juvenile correctional facilities under subsection (1) or July 1,
112021
(a) or transferred to a juvenile detention facility under 2019 Wisconsin Act 8,
12section
72 (1), the department of corrections shall permanently close the Type 1
13juvenile correctional facilities housed at the Lincoln Hills School and Copper Lake
14School in the town of Birch, Lincoln County.
AB68-ASA2-AA7,418o 15Section 418o. 2017 Wisconsin Act 185, section 110 (7), as last affected by 2019
16Wisconsin Act 8
, is amended to read:
AB68-ASA2-AA7,57,2217[2017 Wisconsin Act 185] Section 110 (7) Type 1 juvenile correctional
18facilities.
The department of corrections shall establish or construct the Type 1
19juvenile correctional facilities under section 301.16 (1w) (a) of the statutes no later
20than July 1, 2021
, subject to the approval of the joint committee on finance. The
21department shall consider the recommendations of the juvenile corrections study
22committee under subsection (6) (c) 2. in establishing or constructing these facilities.
AB68-ASA2-AA7,418p 23Section 418p. 2017 Wisconsin Act 185, section 112 (1), as last affected by 2019
24Wisconsin Act 8
, is amended to read:
AB68-ASA2-AA7,58,9
1[2017 Wisconsin Act 185] Section 112 (1) The treatment of sections 46.011 (1p)
2(by Section 13), 46.057 (1) (by Section 15), 48.023 (4) (by Section 20), 49.11 (1c) (by
3Section 27), 49.45 (25) (bj) (by Section 29), 301.01 (1n) (by Section 35), 301.20,
4938.02 (4) (by Section 50), 938.34 (2) (a) (by Section 57) and (b) (by Section 59) and
5(4m) (intro.) (by Section 62), 938.48 (3) (by Section 78), (4) (by Section 80), (4m) (b)
6(by Section 82), (5) (by Section 84), (6) (by Section 86), and (14) (by Section 88),
7938.505 (1) (by Section 96), 938.52 (2) (a) and (c) (by Section 98), 938.53 (by Section
8100), and 938.54 (by Section 107) of the statutes takes effect on the date specified
9in the notice under Section 110 (2) (b) or July 1, 2021, whichever is earlier.
AB68-ASA2-AA7,418q 10Section 418q. 2019 Wisconsin Act 8, section 72 (1) (b) is amended to read:
AB68-ASA2-AA7,58,1811[2019 Wisconsin Act 8] Section 72 (1) (b) Notwithstanding s. 938.34 (3) (f) 1.,
12a juvenile may be placed in a juvenile detention facility under par. (a) for a period
13longer than 365 days, and shall be transferred out of the juvenile detention facility
14using the procedure and by the date required under 2017 Wisconsin Act 185, section
15110 (1). The department of corrections shall transfer all juveniles placed in a juvenile
16detention facility under par. (a) out of the juvenile detention facility no later than
17July 1, 2021
as soon as a substitute placement that meets the needs of the juvenile
18is ready
.
AB68-ASA2-AA7,418r 19Section 418r. 2019 Wisconsin Act 8, section 74 (1) is amended to read:
AB68-ASA2-AA7,58,2520[2019 Wisconsin Act 8] Section 74 (1) The treatment of ss. 46.011 (1p), 48.023
21(4), 49.11 (1c), 49.45 (25) (bj), 301.01 (1n), 938.02 (4), 938.34 (4m) (intro.) (by Section
2233) and (4n) (intro.), 938.357 (4g) (a), 938.48 (3), (4), (4m) (b), (5), (6), and (14), 938.505
23(1), 938.52 (2) (a) and (c), 938.53, 938.533 (2) (intro.), and 938.54 takes effect on the
24date specified in the notice under 2017 Wisconsin Act 185, Section 110 (2) (b), or July
251, 2021, whichever is earlier
.”.
AB68-ASA2-AA7,59,1
138. Page 355, line 20: after that line insert:
AB68-ASA2-AA7,59,2 2 Section 417a. 961.455 (title) of the statutes is amended to read:
AB68-ASA2-AA7,59,4 3961.455 (title) Using a child minor for illegal drug distribution or
4manufacturing purposes.
AB68-ASA2-AA7,417ab 5Section 417ab. 961.455 (1) of the statutes is amended to read:
AB68-ASA2-AA7,59,86 961.455 (1) Any person who has attained the age of 17 years adult who
7knowingly solicits, hires, directs, employs, or uses a person who is under the age of
817 years
minor for the purpose of violating s. 961.41 (1) is guilty of a Class F felony.
AB68-ASA2-AA7,417ac 9Section 417ac. 961.455 (2) of the statutes is amended to read:
AB68-ASA2-AA7,59,1410 961.455 (2) The knowledge requirement under sub. (1) does not require proof
11of knowledge of the age of the child minor. It is not a defense to a prosecution under
12this section that the actor mistakenly believed that the person solicited, hired,
13directed, employed, or used under sub. (1) had attained the age of 18 years, even if
14the mistaken belief was reasonable.
AB68-ASA2-AA7,417ad 15Section 417ad. 961.46 of the statutes is amended to read:
AB68-ASA2-AA7,59,21 16961.46 Distribution to persons under age 18 minors. If a person 17 years
17of age or over
an adult violates s. 961.41 (1) by distributing or delivering a controlled
18substance or a controlled substance analog to a person 17 years of age or under minor
19who is at least 3 years his or her junior, the applicable maximum term of
20imprisonment prescribed under s. 961.41 (1) for the offense may be increased by not
21more than 5 years.
AB68-ASA2-AA7,417ae 22Section 417ae. 961.573 (2) of the statutes is amended to read:
AB68-ASA2-AA7,59,2423 961.573 (2) Any person minor who violates sub. (1) who is under 17 years of age
24is subject to a disposition under s. 938.344 (2e).
AB68-ASA2-AA7,417af
1Section 417af. 961.574 (2) of the statutes is amended to read:
AB68-ASA2-AA7,60,32 961.574 (2) Any person minor who violates sub. (1) who is under 17 years of age
3is subject to a disposition under s. 938.344 (2e).
AB68-ASA2-AA7,417ag 4Section 417ag. 961.575 (1) of the statutes is amended to read:
AB68-ASA2-AA7,60,85 961.575 (1) Any person 17 years of age or over adult who violates s. 961.574 (1)
6by delivering drug paraphernalia to a person 17 years of age or under minor who is
7at least 3 years younger than the violator may be fined not more than $10,000 or
8imprisoned for not more than 9 months or both.
AB68-ASA2-AA7,417ah 9Section 417ah. 961.575 (2) of the statutes is amended to read:
AB68-ASA2-AA7,60,1110 961.575 (2) Any person minor who violates this section who is under 17 years
11of age
is subject to a disposition under s. 938.344 (2e).
AB68-ASA2-AA7,417b 12Section 417b. 961.575 (3) of the statutes is amended to read:
AB68-ASA2-AA7,60,1513 961.575 (3) Any person 17 years of age or over adult who violates s. 961.574 (3)
14by delivering drug paraphernalia to a person 17 years of age or under minor is guilty
15of a Class G felony.
AB68-ASA2-AA7,417q 16Section 417q. 990.01 (3) of the statutes is amended to read:
AB68-ASA2-AA7,60,2017 990.01 (3) Adult. “Adult" means a person who has attained the age of 18 years,
18except that for purposes of investigating or prosecuting a person who is alleged to
19have violated any state or federal criminal law or any civil law or municipal
20ordinance, “adult" means a person who has attained the age of 17 years
.
AB68-ASA2-AA7,417r 21Section 417r. 990.01 (20) of the statutes is amended to read:
AB68-ASA2-AA7,60,2522 990.01 (20) Minor. “Minor" means a person who has not attained the age of
2318 years, except that for purposes of investigating or prosecuting a person who is
24alleged to have violated a state or federal criminal law or any civil law or municipal
25ordinance, “minor" does not include a person who has attained the age of 17 years
.”.
AB68-ASA2-AA7,61,1
139. Page 355, line 20: after that line insert:
AB68-ASA2-AA7,61,2 2 Section 417adm. 961.472 (5) (b) of the statutes is amended to read:
AB68-ASA2-AA7,61,53 961.472 (5) (b) The person is participating in a an evidence-based substance
4abuse use disorder treatment program that meets the requirements of s. 165.95 (3),
5as determined by the department of justice under s. 165.95 (9) and (10).
AB68-ASA2-AA7,417bg 6Section 417bg. 967.11 (1) of the statutes is amended to read:
AB68-ASA2-AA7,61,97 967.11 (1) In this section, “approved substance abuse treatment program"
8means a substance abuse treatment program that meets the requirements of s.
9165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).
AB68-ASA2-AA7,417bm 10Section 417bm. 967.11 (2) of the statutes is amended to read:
AB68-ASA2-AA7,61,1611 967.11 (2) If a county establishes an approved substance abuse treatment
12program and the approved program authorizes the use of surveillance and
13monitoring technology or day reporting programs, a court or a district attorney may
14require a person participating in an the approved substance abuse treatment
15program to submit to surveillance and monitoring technology or a day reporting
16program as a condition of participation.
AB68-ASA2-AA7,417mp 17Section 417mp. 973.155 (1m) of the statutes is amended to read:
AB68-ASA2-AA7,61,2218 973.155 (1m) A convicted offender shall be given credit toward the service of
19his or her sentence for all days spent in custody as part of a substance abuse
20treatment program that meets the requirements of s. 165.95 (3), as determined by
21the department of justice under s. 165.95 (9) and (10), for any offense arising out of
22the course of conduct that led to the person's placement in that program.” .
AB68-ASA2-AA7,61,23 2340. Page 387, line 2: after that line insert:
AB68-ASA2-AA7,61,24 24 Section 9108. Nonstatutory provisions; Corrections.
AB68-ASA2-AA7,62,12
1(1e) Earned release program; report. No later than the first day of the 12th
2month beginning after the effective date of this subsection, the department of
3corrections shall submit a report to the chief clerk of each house of the legislature for
4distribution to the appropriate standing committees under s. 13.172 (3). The
5department shall report on the aging and elderly population of inmates in Wisconsin
6prisons, the costs of health care and other accommodations for that population, and
7trends and projections for the aging and elderly population and associated costs. The
8department shall also report on the feasibility, including costs and projected savings,
9of establishing and operating a state run facility for elderly inmates, the feasibility
10for adopting electronic monitoring as an alternative to incarceration for elderly
11inmates, and the possibility for eligibility for medical assistance for individuals who
12would qualify for alternatives to incarceration.
AB68-ASA2-AA7,62,17 13(2e) Earned release program; rules. The department of corrections shall
14update its administrative rules to implement earned release for completion of a
15vocational readiness training program under s. 302.05 (3), including specification of
16the eligibility criteria for persons sentenced before the effective date of this
17subsection to participate in the program.
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