AB856: Bill Text

AB856,19 Section 19. 973.014 (3) of the statutes is created to read:

AB856,7,24 973.014 (3) (a) In this subsection, “youthful offender,” when used to refer to a person who is sentenced for an offense, means a person who committed the offense before he or she attained the age of 18 years.

AB856,8,3 (b) When a court sentences a youthful offender to life imprisonment for a crime committed before December 31, 1999, the court shall set a date on which the youthful offender is eligible for parole.

AB856,8,6 (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.

AB856,8,9 (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.

AB856,8,12 (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, the factors for mitigation for youth under s. 973.017 (2c).

AB856,20 Section 20. 973.017 (2c) of the statutes is created to read:

AB856,8,17 973.017 (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 with regard to the defendant:

AB856,8,18 (a) Age at the time of the offense.

AB856,8,19 (b) Impetuosity.

AB856,8,20 (c) Family and community environment.

AB856,8,21 (d) Ability to appreciate the risks and consequences of the conduct.

AB856,8,22 (e) Intellectual capacity.

AB856,8,24 (f) The findings of any comprehensive mental health evaluation that is available to the court.

AB856,8,25 (g) Peer or familial pressure.

AB856,9,1 (h) Level of participation in the offense.

AB856,9,2 (i) Ability to participate meaningfully in his or her defense.

AB856,9,3 (j) Capacity for rehabilitation.

AB856,9,4 (k) School records and special education evaluations.

AB856,9,5 (L) History of trauma.

AB856,9,6 (m) Faith and community involvement.

AB856,9,7 (n) Involvement in the child welfare system.

AB856,9,9 (o) Any other mitigating factor or circumstance that the court determines is relevant.

AB856,21 Section 21. 973.018 of the statutes is created to read:

AB856,9,12 973.018 Sentence adjustment for youthful offenders. (1) Definition. In this section, “youthful offender” has the meaning given in s. 973.014 (3) (a).

AB856,9,18 (2) Sentence adjustment; factors. A court may reduce a term of imprisonment, including life imprisonment, for a youthful offender who is eligible under sub. (3) if the court finds that the interests of justice warrant a reduction. In making its determination, the court shall consider the factors for mitigation for youth under s. 973.017 (2c) and the youthful offender's subsequent growth, behavior, and rehabilitation while incarcerated.

AB856,9,20 (3) Eligibility. (a) A youthful offender is eligible for a sentence adjustment under this section if one of the following applies:

AB856,9,22 1. The youthful offender is serving a sentence for a crime other than a crime described in subd. 2. and has been incarcerated for no less than 15 years.

AB856,9,25 2. The youthful offender is serving a sentence for a felony that caused the death of a person or a felony sexual assault of a child and has been incarcerated for no less than 20 years.

AB856,10,5 (b) A youthful offender who has been incarcerated for the requisite amount of time under par. (a) 1. or 2. is eligible for sentence adjustment under this section, regardless of whether the youthful offender is serving a single sentence or concurrent or consecutive sentences. Concurrent and consecutive sentences shall be treated as a single sentence for the purposes of this section.

AB856,10,14 (4) Petition for sentence adjustment. (a) One year before a youthful offender becomes eligible for a sentence adjustment under this section, the department shall provide written notice of the eligibility to the youthful offender, the sentencing court, the district attorney for the county in which the youthful offender was sentenced, the state public defender, and, in accordance with s. 950.04 (1v) (gm), any victims. 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.

AB856,10,17 (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).

AB856,10,22 (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.

AB856,11,2 (d) A youthful offender may file a petition for a sentence adjustment under this section. The youthful offender 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.

AB856,11,4 (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).

AB856,11,6 (5) Hearing. (a) The court shall hold a hearing within 120 days of a petition filed under sub. (4) (d), unless all parties agree to an extension for the hearing date.

AB856,11,12 (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, evidence of the youthful offender's remorse, and the youthful offender's major violations of institutional rules, if any.

AB856,11,15 (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.

AB856,11,18 (d) The victim shall be provided notice of the hearing as required under s. 950.04 (1v) (g) and given the opportunity to provide a statement concerning sentencing in accordance with s. 950.04 (1v) (m).

AB856,11,19 (e) A hearing under this subsection shall be recorded.

AB856,11,21 (f) The decision of the court on a petition under sub. (4) is a final adjudication subject to appeal under s. 809.30.

AB856,11,24 (6) Order. (a) If the court finds that the interests of justice warrant a sentence adjustment, the court may amend the judgment of conviction and adjust the sentence as follows:

AB856,12,6 1. If the youthful offender is serving a sentence for a crime committed before December 31, 1999, the court may convert an indeterminate sentence to a bifurcated sentence under s. 973.01. 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.

AB856,12,12 2. If the youthful offender is serving a bifurcated sentence for a crime committed on or after December 31, 1999, the court may 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.

AB856,12,18 4. If the youthful offender is serving a life sentence, including a life sentence without the possibility of parole or release to extended supervision, the court may convert the sentence to a bifurcated sentence under s. 973.01 or a life sentence under s. 973.014 (3) (c) and set a date for release to extended supervision under s. 302.113 or a date of eligibility for release under s. 302.114 and establish conditions for extended supervision accordingly.

AB856,12,22 (b) If the court denies the petition for sentence adjustment or sets a date for release to extended supervision that is more than 3 years after the date of the hearing under this subsection, the court shall provide in writing the reasons for the denial or delayed eligibility for release.

AB856,12,25 (7) Subsequent petitions. A youthful offender is eligible to file a subsequent petition under sub. (4) no earlier than 3 years after a hearing is held under sub. (5), unless the court sets an earlier date.

AB856,13,4 (8) Access to programming. The department shall consider an individual's status as a youthful offender and the proximity to the date of the individual's eligibility for sentence adjustment under this section when determining the individual's eligibility for available programming.

AB856,13,7 (9) Sentence adjustment 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.

AB856,22 Section 22. 973.15 (2m) (a) 1. of the statutes is amended to read:

AB856,13,11 973.15 (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).

AB856,23 Section 23 . 977.05 (4) (i) 10. of the statutes is created to read:

AB856,13,13 977.05 (4) (i) 10. Cases involving youthful offenders under s. 973.018.

AB856,24 Section 24. 978.07 (1) (c) 1. of the statutes is amended to read:

AB856,13,21 978.07 (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.

AB856,25 Section 25 . Nonstatutory provisions.

AB856,13,25 (1) No later than the first day of the 6th month beginning after the effective date of this subsection, the department of corrections shall provide written notice under s. 973.018 (4) (a) to all of the following:

AB856,14,3 (a) All youthful offenders who are incarcerated for a crime other than a crime described in par. (b) and who have served at least 14 years in prison on the date the notice is provided.

AB856,14,6 (b) All youthful offenders who are incarcerated for a felony that caused the death of a person or a felony sexual assault of a child and who have served at least 19 years in prison on the date the notice is provided.

AB856,26 Section 26. Initial applicability.

AB856,14,10 (1) Sentence adjustment for youthful offender. The creation of s. 973.018 first applies to a youthful offender, as defined in s. 973.014 (3) (a), who is incarcerated on the effective date of this subsection.

AB856,14,11 (End)