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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:
AB68-SSA1,1552,2421 973.015 (1m) (a) 1. a. Except as provided in subd. 3., the court may order at the
22time of sentencing that the record be expunged upon successful completion of the
23sentence if the court determines that the person will benefit and society will not be
24harmed by this disposition.
AB68-SSA1,1553,21
1b. If at least one year has passed since the person successfully completed his
2or her sentence, the person may file a petition in the county of conviction requesting
3that the record be expunged. Upon receipt of the petition, the court shall review the
4petition to determine if the person is ineligible to petition for expungement because
5subd. 3. or 4. applies, less than one year has passed since the person successfully
6completed his or her sentence, there are criminal charges pending against the
7person, or the person has exceeded the maximum number of petitions allowed under
8this subd. 1. b. If the court determines the person is eligible to petition for
9expungement, the court shall forward the petition to the district attorney. If the
10district attorney requests a hearing within 90 days after the court forwards the
11petition, the court shall schedule a hearing to review the petition. If the district
12attorney waives the hearing or at least 90 days have passed since the court forwarded
13the petition, the court may review the petition with or without a hearing. If a hearing
14is scheduled, then if practicable, the sentencing judge shall be the judge to review the
15petition. The court may order that the record be expunged if the court determines
16the person will benefit and society will not be harmed by this disposition. If the court
17does not order the record be expunged under this subd. 1. b., the person may file a
182nd petition under this subd. 1. b. only if at least 2 years have passed since he or she
19filed the first petition. No person may file more than 2 petitions per record under this
20subd. 1. b. For a 2nd petition regarding the same record, the person shall pay to the
21clerk of circuit court a $100 fee.
AB68-SSA1,3447 22Section 3447. 973.015 (1m) (a) 3. c. and d. and 4. of the statutes are created
23to read:
AB68-SSA1,1553,2524 973.015 (1m) (a) 3. c. A crime for which the maximum period of imprisonment
25is more than 6 years.
AB68-SSA1,1554,1
1d. A violation of chs. 341 to 348.
AB68-SSA1,1554,32 4. The court may order at the time of sentencing that the record is ineligible
3for expungement.
AB68-SSA1,3448 4Section 3448. 973.015 (1m) (b) of the statutes is amended to read:
AB68-SSA1,1554,205 973.015 (1m) (b) A For purposes of par. (a), a person has successfully
6completed the sentence if the person has completed all periods of incarceration,
7parole, or extended supervision to which he or she was sentenced; the person has paid
8all fines, costs, fees, surcharges, and restitution assessed and has completed any
9court-ordered community service; the person
has not been convicted of a subsequent
10offense crime; and, if on probation was imposed, the probation has not been revoked
11and the probationer has satisfied the conditions of probation. Upon successful
12completion of the a sentence involving incarceration or probation, the detaining or
13probationary authority shall issue and forward to the court of record a certificate of
14discharge which shall be forwarded to the court of record and which shall have the
15effect of expunging the record
that indicates whether the person successfully
16completed his or her sentence. If the court has ordered the record expunged under
17par. (a) 1. a. or 2. and the person has successfully completed the sentence, the person's
18record shall be expunged as ordered
. If the person has been imprisoned incarcerated,
19the detaining authority shall also forward a copy of the certificate of discharge to the
20department.
AB68-SSA1,3449 21Section 3449. 973.015 (1m) (c) of the statutes is created to read:
AB68-SSA1,1555,1022 973.015 (1m) (c) Upon receipt of a petition under par. (a) 1. b., the district
23attorney shall make a reasonable attempt to notify the victim, as defined under s.
24950.02 (4), of the petition. In the notice, the district attorney shall inform the victim
25that he or she may waive the hearing requirement and that, if waived, the court may

1review the petition without a hearing. The district attorney shall inform the victim
2of the manner in which he or she may provide written statements concerning the
3petition and, if the victim does not waive the hearing requirement, that he or she may
4appear at the hearing. If the victim waives the hearing requirement, the district
5attorney may inform the court that there is no objection to waiving the hearing
6requirement. Notwithstanding the confidentiality of victim address information
7obtained under s. 302.113 (9g) (g) 3., a district attorney who is required to make a
8reasonable attempt to notify a victim under this paragraph may obtain from the clerk
9of the circuit court the victim address information that the victim provided to the
10clerk under s. 302.113 (9g) (g) 3.
AB68-SSA1,3450 11Section 3450. 973.015 (4) of the statutes is created to read:
AB68-SSA1,1555,1512 973.015 (4) A record of a crime expunged under this section is not considered
13a conviction for employment purposes or for purposes of the issuance of a license, as
14defined in s. 111.32 (10), by a licensing agency, as defined in s. 111.32 (11). This
15subsection does not apply to the extent that its application conflicts with federal law.
AB68-SSA1,3451 16Section 3451 . 973.016 of the statutes is created to read:
AB68-SSA1,1555,20 17973.016 Special disposition for marijuana-related crimes. (1)
18Resentencing persons serving a sentence or probation. (a) A person serving a
19sentence or on probation may request resentencing or dismissal as provided under
20par. (b) if all of the following apply:
AB68-SSA1,1555,2221 1. The sentence or probation period was imposed for a violation of s. 961.41 (1)
22(h), 2017 stats., s. 961.41 (1m) (h), 2017 stats., or s. 961.41 (3g) (e), 2017 stats.
AB68-SSA1,1555,2323 2. One of the following applies:
AB68-SSA1,1555,2524 a. The person would not have been guilty of a crime had the violation occurred
25on or after the effective date of this subd. 2. a. .... [LRB inserts date].
AB68-SSA1,1556,2
1b. The person would have been guilty of a lesser crime had the violation
2occurred on or after the effective date of this subd. 2. b. .... [LRB inserts date].
AB68-SSA1,1556,43 (b) 1. A person to whom par. (a) applies shall file a petition with the sentencing
4court to request resentencing, adjustment of probation, or dismissal.
AB68-SSA1,1556,125 2. If the court receiving a petition under subd. 1. determines that par. (a)
6applies, the court shall schedule a hearing to consider the petition. At the hearing,
7if the court determines that par. (a) 2. b. applies, the court shall resentence the person
8or adjust the probation and change the record to reflect the lesser crime, and, if the
9court determines that par. (a) 2. a. applies, the court shall dismiss the conviction and
10expunge the record. Before resentencing, adjusting probation, or dismissing a
11conviction under this subdivision, the court shall determine that the action does not
12present an unreasonable risk of danger to public safety.
AB68-SSA1,1556,1413 3. If the court resentences the person or adjusts probation, the person shall
14receive credit for time or probation served for the relevant offense.
AB68-SSA1,1556,18 15(2) Redesignating offense for persons who completed a sentence or
16probation.
(a) A person who has completed his or her sentence or period of probation
17may request under par. (b) expungement of the conviction because the conviction is
18legally invalid or redesignation to a lesser crime if all of the following apply:
AB68-SSA1,1556,2019 1. The sentence or probation period was imposed for a violation of s. 961.41 (1)
20(h), 2017 stats., s. 961.41 (1m) (h), 2017 stats., or s. 961.41 (3g) (e), 2017 stats.
AB68-SSA1,1556,2121 2. One of the following applies:
AB68-SSA1,1556,2322 a. The person would not have been guilty of a crime had the violation occurred
23on or after the effective date of this subd. 2. a. .... [LRB inserts date].
AB68-SSA1,1556,2524 b. The person would have been guilty of a lesser crime had the violation
25occurred on or after the effective date of this subd. 2. b. .... [LRB inserts date].
AB68-SSA1,1557,2
1(b) 1. A person to whom par. (a) applies shall file a petition with the sentencing
2court to request expungement or redesignation.
AB68-SSA1,1557,93 2. If the court receiving a petition under subd. 1. determines that par. (a)
4applies, the court shall schedule a hearing to consider the petition. At the hearing,
5if the court determines that par. (a) 2. b. applies, the court shall redesignate the crime
6to a lesser crime and change the record to reflect the lesser crime, and if the court
7determines that par. (a) 2. a. applies, the court shall expunge the conviction. Before
8redesignating or expunging under this subdivision, the court shall determine that
9the action does not present an unreasonable risk of danger to public safety.
AB68-SSA1,1557,13 10(3) Effect of resentencing, dismissal, redesignation, or expungement. If the
11court changes or expunges a record under this section, a conviction that was changed
12or expunged is not considered a conviction for any purpose under state or federal law,
13including for purposes of s. 941.29 or 18 USC 921.
AB68-SSA1,3452 14Section 3452. 973.017 (2c) of the statutes is created to read:
AB68-SSA1,1557,1715 973.017 (2c) Mitigation for youth. When making a sentencing decision for a
16person who had not attained the age of 18 years at the time the crime was committed,
17the court shall consider all of the following mitigating factors:
AB68-SSA1,1557,2018 (a) That, because children are less criminally culpable and more amenable to
19reform, youthful offenders are constitutionally different from adults for the purposes
20of sentencing.
AB68-SSA1,1557,2221 (b) That the sentencing goals of deterrence, retribution, and incapacitation are
22secondary to the goal of rehabilitation when sentencing youthful offenders.
AB68-SSA1,1558,223 (c) That unless the state proves beyond a reasonable doubt that the youthful
24offender is permanently incorrigible and is therefore unable to be rehabilitated,

1youthful offenders must have a meaningful opportunity to obtain release from prison
2based on maturity and rehabilitation.
AB68-SSA1,3453 3Section 3453. 973.018 of the statutes is created to read:
AB68-SSA1,1558,5 4973.018 Sentence adjustment for youthful offenders. (1) Definition. In
5this section, “youthful offender” has the meaning given in s. 973.014 (3) (a).
AB68-SSA1,1558,10 6(2) Sentence adjustment; factors. A court may reduce a term of
7imprisonment, including life imprisonment under s. 973.014 (3), for a youthful
8offender who has served 15 years of his or her term of imprisonment if the court finds
9that the interests of justice warrant a reduction. In making its determination, the
10court shall consider all of the following:
AB68-SSA1,1558,1111 (a) The sentencing factors set forth in ss. 973.014 (3) (e) and 973.017 (2c).
AB68-SSA1,1558,1312 (b) The youthful offender's subsequent growth, behavior, and rehabilitation
13while incarcerated.
AB68-SSA1,1558,21 14(3) Petition for sentence adjustment. (a) One year before the youthful
15offender becomes eligible for a sentence adjustment under this section, the
16department shall provide written notice of the eligibility to the qualifying youthful
17offender, the sentencing court, the district attorney for the county in which the
18youthful offender was sentenced, and the state public defender. Notice under this
19paragraph shall include notice of the youthful offender's right to counsel and notice
20that if the youthful offender believes that he or she cannot afford an attorney, the
21youthful offender may ask the state public defender to represent him or her.
AB68-SSA1,1558,2422 (b) A youthful offender has a right to counsel in the sentence adjustment
23proceedings under this section. The right to counsel begins at the service of notice
24under par. (a).
AB68-SSA1,1559,5
1(c) After service of notice under par. (a) and upon request by the youthful
2offender or the youthful offender's attorney, the court shall make documents from the
3sentencing hearing available to the youthful offender or his or her attorney, including
4the presentence investigation report in accordance with s. 972.15 (4m) and the
5transcript from the sentencing hearing.
AB68-SSA1,1559,106 (d) A qualifying youthful offender may file a petition for a sentence adjustment
7under this section. The petitioner shall file the petition and any affidavits and other
8written support for the petition in the sentencing court no more than 90 days before
9the youthful offender's eligibility date. A copy of the petition shall be served on the
10district attorney in the county in which the youthful offender was sentenced.
AB68-SSA1,1559,1211 (e) Upon receipt of a petition under par. (d), the district attorney shall notify
12any victims of the crime in accordance with s. 950.04 (1v) (gm).
AB68-SSA1,1559,14 13(4) Hearing. (a) The court shall hold a hearing within 120 days of a petition
14filed under sub. (3) (d), unless all parties agree to an extension for the hearing date.
AB68-SSA1,1559,1915 (b) The court shall consider relevant information, including expert testimony
16and other information about the youthful offender's participation in any available
17educational, vocational, volunteer, community service, or other programs, the
18youthful offender's work reports and psychological evaluations, and the youthful
19offender's major violations of institutional rules, if any.
AB68-SSA1,1559,2220 (c) The youthful offender has the right to attend the hearing, the right to be
21represented by counsel, and the right to testify, present evidence, and cross-examine
22witnesses.
AB68-SSA1,1559,2423 (d) The victim shall be given the opportunity to provide a statement concerning
24sentencing in accordance with s. 950.04 (1v) (m).
AB68-SSA1,1559,2525 (e) A hearing under this subsection shall be recorded.
AB68-SSA1,1560,2
1(f) The decision of the court on a petition under sub. (3) is a final adjudication
2subject to appeal under s. 809.30.
AB68-SSA1,1560,5 3(5) Order. If the court finds that the interests of justice warrant a sentence
4adjustment, the court may amend the judgment of conviction according to one of the
5following:
AB68-SSA1,1560,96 (a) If the youthful offender is serving a sentence for a crime committed before
7December 31, 1999, reduce the parole eligibility date and modify the conditions of
8parole. The court may also reduce the sentence, but shall provide for at least 3 years
9of parole supervision after release from prison.
AB68-SSA1,1560,1510 (b) Upon request by the youthful offender, for a crime committed before
11December 31, 1999, convert an indeterminate sentence to a bifurcated sentence
12under s. 973.01 or 973.014 (1g). If the court converts the indeterminate sentence to
13a bifurcated sentence, the court shall set a date for release to extended supervision
14under s. 302.113 that is no later than the original parole eligibility date. The court
15may also modify the conditions of parole or extended supervision.
AB68-SSA1,1560,2016 (c) For a crime committed on or after December 31, 1999, reduce the term of
17confinement in prison and modify the conditions of extended supervision. The court
18may also reduce the total length of the bifurcated sentence. Notwithstanding s.
19973.01 (2) (d), the court shall provide for at least 3 years of extended supervision
20under s. 302.113.
AB68-SSA1,1560,2521 (d) For a life sentence without the possibility of parole or release to extended
22supervision under s. 973.014 (1) (c) or (1g) (a) 3., convert the sentence to a life
23sentence with the possibility of parole or release to extended supervision and set a
24date for parole eligibility or release to extended supervision and conditions for parole
25or extended supervision accordingly.
AB68-SSA1,1561,4
1(6) Subsequent petitions. A youthful offender is eligible to file a subsequent
2petition under sub. (3) no earlier than 5 years after a hearing is held under sub. (4),
3unless the court sets an earlier date. A youthful offender may file no more than 5
4petitions under sub. (3) during his or her sentence.
AB68-SSA1,1561,7 5(7) Sentence modification on other grounds. Nothing in this section limits
6the youthful offender's right to resentencing, sentence adjustment, or sentence
7modification on other grounds, including under s. 302.113 (9g) or 302.114.
AB68-SSA1,3454 8Section 3454. 973.10 (2) (intro.) of the statutes is renumbered 973.10 (2) (am)
9and amended to read:
AB68-SSA1,1561,1710 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-SSA1,1561,18 18(bm) 2. If probation is revoked, the department shall do one of the following:
AB68-SSA1,3455 19Section 3455. 973.10 (2) (a) and (b) of the statutes are renumbered 973.10 (2)
20(bm) 2. a. and b.
AB68-SSA1,3456 21Section 3456 . 973.10 (2) (bm) 1. of the statutes is created to read:
AB68-SSA1,1561,2322 973.10 (2) (bm) 1. Probation may not be revoked unless one of the following
23applies:
AB68-SSA1,1561,2424 a. The person committed 3 or more independent violations while on probation.
AB68-SSA1,1562,2
1b. The condition that the person violated was a condition that the person not
2contact any specified individual.
AB68-SSA1,1562,33 c. The person was required to register as a sex offender under s. 301.45.
AB68-SSA1,1562,54 d. When the person violated the condition of probation, the person also
5allegedly committed a crime.
AB68-SSA1,1562,76 e. The person failed to report or make himself or herself available for
7supervision for a period of more than 60 consecutive days.
AB68-SSA1,3457 8Section 3457 . 973.10 (2s) of the statutes is repealed.
AB68-SSA1,3458 9Section 3458. 973.15 (2m) (a) 1. of the statutes is amended to read:
AB68-SSA1,1562,1210 973.15 (2m) (a) 1. “Determinate sentence" means a bifurcated sentence
11imposed under s. 973.01 or a life sentence under which a person is eligible for release
12to extended supervision under s. 973.014 (1g) (a) 1. or 2. or (3) (c).
AB68-SSA1,3459 13Section 3459. 973.15 (5) of the statutes is amended to read:
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