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AB68-SSA1,1543,2
1(b) The person has not previously been convicted of a misdemeanor or felony
2for conduct that is substantially similar to the accused or charged violation.
AB68-SSA1,1543,53 (c) The person has not been convicted of a felony in this state or of a violation
4in another state that would be a felony if committed by an adult in this state in the
5preceding 3 years.
AB68-SSA1,1543,7 6(2) A prosecutor shall offer one of the following alternatives to prosecution to
7a qualifying person under sub. (1):
AB68-SSA1,1543,88 (a) A deferred prosecution agreement that includes restitution, if applicable.
AB68-SSA1,1543,109 (b) An agreement in which the defendant stipulates to his or her guilt of a
10noncriminal ordinance violation that includes payment of a forfeiture.
AB68-SSA1,3417 11Section 3417 . 967.11 (1) of the statutes is amended to read:
AB68-SSA1,1543,1412 967.11 (1) In this section, “approved substance abuse treatment program"
13means a substance abuse treatment program that meets the requirements of s.
14165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).
AB68-SSA1,3418 15Section 3418 . 967.11 (2) of the statutes is amended to read:
AB68-SSA1,1543,2116 967.11 (2) If a county establishes an approved substance abuse treatment
17program and the approved program authorizes the use of surveillance and
18monitoring technology or day reporting programs, a court or a district attorney may
19require a person participating in an the approved substance abuse treatment
20program to submit to surveillance and monitoring technology or a day reporting
21program as a condition of participation.
AB68-SSA1,3419 22Section 3419 . 967.13 of the statutes is created to read:
AB68-SSA1,1544,3 23967.13 Use of restraints on an individual under 18 years of age. (1)
24Except as provided in sub. (2), instruments of restraint such as handcuffs, chains,
25irons, or straitjackets, cloth and leather restraints, or other similar items may not

1be used on an individual under 18 years of age during a court proceeding and shall
2be removed prior to the individual being brought into the courtroom to appear before
3the court.
AB68-SSA1,1544,6 4(2) A court may order an individual under 18 years of age to be restrained
5during a court proceeding upon the request of the prosecutor if the court finds all of
6the following:
AB68-SSA1,1544,77 (a) That the use of restraints is necessary due to one of the following factors:
AB68-SSA1,1544,98 1. Instruments of restraint are necessary to prevent physical harm to the
9individual or another person.
AB68-SSA1,1544,1310 2. The individual has a history of disruptive courtroom behavior that has
11placed others in potentially harmful situations or the individual presents a
12substantial risk of inflicting physical harm on himself or herself or others as
13evidenced by recent behavior.
AB68-SSA1,1544,1514 3. There is a reasonable belief that the individual presents a substantial risk
15of flight from the courtroom.
AB68-SSA1,1544,1816 (b) That there are no less restrictive alternatives to restraints that will prevent
17flight or physical harm to the individual or another person, including the presence
18of court personnel, law enforcement officers, or bailiffs.
AB68-SSA1,1544,22 19(3) The court shall provide the attorney of the individual under 18 years of age
20an opportunity to be heard before the court orders the use of restraints under sub.
21(2). The court shall make written findings of fact in support of any order to use
22restraints under sub. (2).
AB68-SSA1,1544,25 23(4) If the court orders an individual under 18 years of age to be restrained under
24sub. (2), the restraints shall allow the individual limited movement of the hands to
25read and handle documents and writings necessary to the hearing.
AB68-SSA1,1545,2
1(5) No individual under 18 years of age may be restrained during a court
2proceeding using fixed restraints attached to a wall, floor, or furniture.
AB68-SSA1,3420 3Section 3420. 968.14 (title) of the statutes is amended to read:
AB68-SSA1,1545,4 4968.14 (title) Use Announcement requirement and use of force.
AB68-SSA1,3421 5Section 3421. 968.14 of the statutes is renumbered 968.14 (2).
AB68-SSA1,3422 6Section 3422. 968.14 (1) of the statutes is created to read:
AB68-SSA1,1545,97 968.14 (1) When executing a search warrant, a law enforcement officer may not
8enter the premises subject to the warrant without first identifying that he or she is
9a law enforcement officer and announcing the authority and purpose of the entry.
AB68-SSA1,3423 10Section 3423 . 968.20 (3) (b) of the statutes is amended to read:
AB68-SSA1,1546,911 968.20 (3) (b) Except as provided in par. (a) or sub. (1m) or (4), a city, village,
12town or county or other custodian of a seized dangerous weapon or ammunition, if
13the dangerous weapon or ammunition is not required for evidence or use in further
14investigation and has not been disposed of pursuant to a court order at the
15completion of a criminal action or proceeding, shall make reasonable efforts to notify
16all persons who have or may have an authorized rightful interest in the dangerous
17weapon or ammunition of the application requirements under sub. (1). If, within 30
18days after the notice, an application under sub. (1) is not made and the seized
19dangerous weapon or ammunition is not returned by the officer under sub. (2), the
20city, village, town or county or other custodian may retain the dangerous weapon or
21ammunition and authorize its use by a law enforcement agency, except that a
22dangerous weapon used in the commission of a homicide or a handgun, as defined
23in s. 175.35 (1) (b) 941.237 (1) (d), may not be retained. If a dangerous weapon other
24than a firearm is not so retained, the city, village, town or county or other custodian
25shall safely dispose of the dangerous weapon or, if the dangerous weapon is a motor

1vehicle, as defined in s. 340.01 (35), sell the motor vehicle following the procedure
2under s. 973.075 (4). If a firearm or ammunition is not so retained, the city, village,
3town or county or other custodian shall ship it to the state crime laboratories and it
4is then the property of the laboratories. A person designated by the department of
5justice may destroy any material for which the laboratories have no use or arrange
6for the exchange of material with other public agencies. In lieu of destruction,
7shoulder weapons for which the laboratory has no use shall be turned over to the
8department of natural resources for sale and distribution of proceeds under s. 29.934
9or for use under s. 29.938.
AB68-SSA1,3424 10Section 3424 . 970.032 (3) of the statutes is created to read:
AB68-SSA1,1546,1211 970.032 (3) This section does not apply to a violation committed on or after the
12effective date of this subsection .... [LRB inserts date].
AB68-SSA1,3425 13Section 3425 . 971.17 (1g) of the statutes is amended to read:
AB68-SSA1,1546,1714 971.17 (1g) Notice of restriction on firearm possession. If the defendant
15under sub. (1) is found not guilty of a felony, or of a violation under s. 175.33 (2), by
16reason of mental disease or defect, the court shall inform the defendant of the
17requirements and penalties under s. 941.29.
AB68-SSA1,3426 18Section 3426 . 971.31 (13) (c) of the statutes is created to read:
AB68-SSA1,1546,2019 971.31 (13) (c) This subsection does not apply to a violation committed on or
20after the effective date of this paragraph .... [LRB inserts date].
AB68-SSA1,3427 21Section 3427 . 971.365 (1) (a) of the statutes is amended to read:
AB68-SSA1,1546,2522 971.365 (1) (a) In any case under s. 961.41 (1) (em), 1999 stats., or s. 961.41 (1)
23(cm), (d), (e), (f), or (g) or (h) involving more than one violation, all violations may be
24prosecuted as a single crime if the violations were pursuant to a single intent and
25design.
AB68-SSA1,3428
1Section 3428. 971.365 (1) (b) of the statutes is amended to read:
AB68-SSA1,1547,52 971.365 (1) (b) In any case under s. 961.41 (1m) (em), 1999 stats., or s. 961.41
3(1m) (cm), (d), (e), (f), or (g) or (h) involving more than one violation, all violations may
4be prosecuted as a single crime if the violations were pursuant to a single intent and
5design.
AB68-SSA1,3429 6Section 3429 . 971.365 (1) (c) of the statutes is amended to read:
AB68-SSA1,1547,107 971.365 (1) (c) In any case under s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41
8(3g) (dm), 1999 stats., or s. 961.41 (3g) (am), (c), (d), (e), or (g) involving more than
9one violation, all violations may be prosecuted as a single crime if the violations were
10pursuant to a single intent and design.
AB68-SSA1,3430 11Section 3430 . 971.365 (2) of the statutes is amended to read:
AB68-SSA1,1547,1712 971.365 (2) An acquittal or conviction under sub. (1) does not bar a subsequent
13prosecution for any acts in violation of s. 961.41 (1) (em), 1999 stats., s. 961.41 (1m)
14(em), 1999 stats., s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats.,
15or s. 961.41 (1) (cm), (d), (e), (f), or (g), or (h), (1m) (cm), (d), (e), (f), or (g), or (h) or (3g)
16(am), (c), (d), (e), or (g) on which no evidence was received at the trial on the original
17charge.
AB68-SSA1,3431 18Section 3431. 973.01 (1) of the statutes is amended to read:
AB68-SSA1,1547,2319 973.01 (1) Bifurcated sentence required. Except as provided in sub. (3) and
20s. 938.34 (4p)
, whenever a court sentences a person to imprisonment in the Wisconsin
21state prisons for a felony committed on or after December 31, 1999, or a
22misdemeanor committed on or after February 1, 2003, the court shall impose a
23bifurcated sentence under this section.
AB68-SSA1,3432 24Section 3432. 973.01 (2) (d) 3. of the statutes is repealed.
AB68-SSA1,3433 25Section 3433. 973.01 (2) (d) 4. of the statutes is amended to read:
AB68-SSA1,1548,2
1973.01 (2) (d) 4. For a Class D, E, F, or G felony, the term of extended
2supervision may not exceed 5 years.
AB68-SSA1,3434 3Section 3434. 973.01 (3) of the statutes is amended to read:
AB68-SSA1,1548,64 973.01 (3) Not applicable to life sentences. If a person is being sentenced for
5a felony that is punishable by life imprisonment, he or she is not subject to this
6section but shall be sentenced under s. 973.014 (1g) or (3).
AB68-SSA1,3435 7Section 3435. 973.01 (3g) of the statutes is repealed.
AB68-SSA1,3436 8Section 3436. 973.01 (4) of the statutes is amended to read:
AB68-SSA1,1548,149 973.01 (4) No good time; extension or reduction of term of imprisonment. A
10person sentenced to a bifurcated sentence under sub. (1) shall serve the term of
11confinement in prison portion of the sentence without reduction for good behavior.
12The term of confinement in prison portion is subject to extension under s. 302.113 (3)
13and, if applicable, to reduction under s. 302.045 (3m), 302.05 (3) (c) 2. a., 302.113 (9g),
14973.018, 973.195 (1r), or 973.198.
AB68-SSA1,3437 15Section 3437. 973.01 (4m) of the statutes is created to read:
AB68-SSA1,1548,2016 973.01 (4m) Reduction of mandatory minimum sentence. If a person is serving
17a bifurcated sentence under sub. (1) that is subject to a mandatory minimum term
18of confinement, the sentencing court may reduce the term of confinement below the
19applicable mandatory minimum if the person qualifies for a reduction under under
20s. 302.045 (3m), 302.05 (3) (c) 2. a., 302.113 (9g), 973.195 (1r), or 973.198.
AB68-SSA1,3438 21Section 3438. 973.01 (5m) of the statutes is created to read:
AB68-SSA1,1548,2522 973.01 (5m) Early discharge from extended supervision. (a) In this
23subsection, “qualifying offense” means a crime other than a violation of ch. 940 or s.
24948.02, 948.025, 948.03, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08,
25948.085, or 948.095.
AB68-SSA1,1549,3
1(b) The court may modify the person's sentence by reducing the term of
2extended supervision and may order early discharge of the person from the sentence
3if all of the following apply:
AB68-SSA1,1549,54 1. The department petitions the court to discharge the person from extended
5supervision for a qualifying offense.
AB68-SSA1,1549,76 2. The person has completed 3 years or 50 percent of his or her term of extended
7supervision for the qualifying offense, whichever is less.
AB68-SSA1,1549,98 3. The person has satisfied all conditions of extended supervision that were set
9by the sentencing court for the qualifying offense.
AB68-SSA1,1549,1110 4. The person has satisfied all rules and conditions of supervision that were set
11by the department for the qualifying offense.
AB68-SSA1,1549,1212 5. The person has fulfilled all financial obligations to his or her victims.
AB68-SSA1,1549,1313 6. The person is not required to register under s. 301.45.
AB68-SSA1,1549,1514 (c) If a person is serving more than one sentence, early discharge under par. (b)
15applies only to the terms of extended supervision imposed for qualifying offenses.
AB68-SSA1,1549,1616 (d) 1. In this paragraph, “victim" has the meaning given in s. 950.02 (4).
AB68-SSA1,1549,2517 2. When a court receives a petition under par. (b) 1., the clerk of the circuit court
18shall send a notice of hearing to the victim of the crime committed by the person
19serving the term of extended supervision, if the victim has submitted a card under
20subd. 3. requesting notification. The notice shall inform the victim that he or she may
21appear at any hearing scheduled under par. (b) and shall inform the victim of the
22manner in which he or she may provide a statement concerning the early discharge
23from extended supervision. The clerk of the circuit court shall make a reasonable
24attempt to send the notice of hearing to the last-known address of the victim,
25postmarked at least 10 days before the date of the hearing.
AB68-SSA1,1550,12
13. The director of state courts shall design and prepare cards for a victim to send
2to the clerk of the circuit court for the county in which the person serving the term
3of extended supervision was convicted and sentenced. The cards shall have space for
4a victim to provide his or her name and address, the name of the applicable person
5serving a term of extended supervision, and any other information that the director
6of state courts determines is necessary. The director of state courts shall provide the
7cards, without charge, to clerks of circuit court. Clerks of circuit court shall provide
8the cards, without charge, to victims. Victims may send completed cards to the clerk
9of the circuit court for the county in which the person serving a term of extended
10supervision was convicted and sentenced. All court records or portions of records
11that relate to mailing addresses of victims are not subject to inspection or copying
12under s. 19.35 (1).
AB68-SSA1,3439 13Section 3439. 973.01 (8) (a) 6. of the statutes is created to read:
AB68-SSA1,1550,1514 973.01 (8) (a) 6. The conditions under which the court may reduce the term of
15the person's extended supervision under sub. (5m).
AB68-SSA1,3440 16Section 3440. 973.01 (8) (ag) of the statutes is amended to read:
AB68-SSA1,1550,2017 973.01 (8) (ag) If the The court provides under sub. (3g) that shall inform the
18person is eligible to participate in of the availability of the earned release program
19under s. 302.05 (3), the court shall also inform the person of the provisions of s. 302.05
20(3) (c)
.
AB68-SSA1,3441 21Section 3441. 973.014 (1) (intro.) of the statutes is amended to read:
AB68-SSA1,1550,2522 973.014 (1) (intro.) Except as provided in sub. (2) or (3), when a court sentences
23a person to life imprisonment for a crime committed on or after July 1, 1988, but
24before December 31, 1999, the court shall make a parole eligibility determination
25regarding the person and choose one of the following options:
AB68-SSA1,3442
1Section 3442. 973.014 (1g) (a) (intro.) of the statutes is amended to read:
AB68-SSA1,1551,52 973.014 (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-SSA1,3443 6Section 3443. 973.014 (3) of the statutes is created to read:
AB68-SSA1,1551,87 973.014 (3) (a) In this subsection, “youthful offender” means a person who
8committed an offense before the person attained the age of 18 years.
AB68-SSA1,1551,119 (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-SSA1,1551,1412 (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-SSA1,1551,1715 (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-SSA1,1551,2018 (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-SSA1,1551,2321 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-SSA1,1551,2524 2. That the sentencing goals of deterrence, retribution, and incapacitation are
25secondary to the goal of rehabilitation when sentencing youthful offenders.
AB68-SSA1,1552,4
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-SSA1,3444 5Section 3444. 973.015 (1b) of the statutes is created to read:
AB68-SSA1,1552,66 973.015 (1b) In this section, “record” means a criminal case file.
AB68-SSA1,3445 7Section 3445. 973.015 (1m) (a) 1. of the statutes is renumbered 973.015 (1m)
8(a) 1. (intro.) and amended to read:
AB68-SSA1,1552,169 973.015 (1m) (a) 1. (intro.) Subject to subd. 2. and except as provided in subd.
103., when a person is under the age of 25 at the time of the commission of an offense
11for which the person has been found guilty in a court for violation of a law for which
12the maximum period of imprisonment is 6 years or less, the
, a court may order at the
13time of sentencing after a conviction that the record a criminal case be expunged
14upon successful completion of the sentence if the court determines the person will
15benefit and society will not be harmed by this disposition.
by one of the following
16methods:
AB68-SSA1,1552,19 17(d) This subsection does not apply to information maintained by the
18department of transportation regarding a conviction that is required to be included
19in a record kept under s. 343.23 (2) (a).
AB68-SSA1,3446 20Section 3446. 973.015 (1m) (a) 1. a. and b. of the statutes are created to read:
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