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(o) Any other mitigating factor or circumstance that the court determines is
9relevant.
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10Section
21. 973.018 of the statutes is created to read:
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11973.018 Sentence adjustment for youthful offenders. (1) Definition. In
12this section, “youthful offender” has the meaning given in s. 973.014 (3) (a).
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13(2) Sentence adjustment; factors. A court may reduce a term of
14imprisonment, including life imprisonment, for a youthful offender who is eligible
15under sub. (3) if the court finds that the interests of justice warrant a reduction. In
16making its determination, the court shall consider the factors for mitigation for
17youth under s. 973.017 (2c) and the youthful offender's subsequent growth, behavior,
18and rehabilitation while incarcerated.
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19(3) Eligibility. (a) A youthful offender is eligible for a sentence adjustment
20under this section if one of the following applies:
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1. The youthful offender is serving a sentence for a crime other than a crime
22described in subd. 2. and has been incarcerated for no less than 15 years.
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2. The youthful offender is serving a sentence for a felony that caused the death
24of a person or a felony sexual assault of a child and has been incarcerated for no less
25than 20 years.
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1(b) A youthful offender who has been incarcerated for the requisite amount of
2time under par. (a) 1. or 2. is eligible for sentence adjustment under this section,
3regardless of whether the youthful offender is serving a single sentence or concurrent
4or consecutive sentences. Concurrent and consecutive sentences shall be treated as
5a single sentence for the purposes of this section.
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6(4) Petition for sentence adjustment. (a) One year before a youthful offender
7becomes eligible for a sentence adjustment under this section, the department shall
8provide written notice of the eligibility to the youthful offender, the sentencing court,
9the district attorney for the county in which the youthful offender was sentenced, the
10state public defender, and, in accordance with s. 950.04 (1v) (gm), any victims. Notice
11under this paragraph shall include notice of the youthful offender's right to counsel
12and notice that if the youthful offender believes that he or she cannot afford an
13attorney, the youthful offender may ask the state public defender to represent him
14or her.
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(b) A youthful offender has a right to counsel in the sentence adjustment
16proceedings under this section. The right to counsel begins at the service of notice
17under par. (a).
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(c) After service of notice under par. (a) and upon request by the youthful
19offender or the youthful offender's attorney, the court shall make documents from the
20sentencing hearing available to the youthful offender or his or her attorney, including
21the presentence investigation report in accordance with s. 972.15 (4m) and the
22transcript from the sentencing hearing.
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(d) A youthful offender may file a petition for a sentence adjustment under this
24section. The youthful offender shall file the petition and any affidavits and other
25written support for the petition in the sentencing court no more than 90 days before
1the youthful offender's eligibility date. A copy of the petition shall be served on the
2district attorney in the county in which the youthful offender was sentenced.
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(e) Upon receipt of a petition under par. (d), the district attorney shall notify
4any victims of the crime in accordance with s. 950.04 (1v) (gm).
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5(5) Hearing. (a) The court shall hold a hearing within 120 days of a petition
6filed under sub. (4) (d), unless all parties agree to an extension for the hearing date.
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(b) The court shall consider relevant information, including expert testimony
8and other information about the youthful offender's participation in any available
9educational, vocational, volunteer, community service, or other programs, the
10youthful offender's work reports and psychological evaluations, evidence of the
11youthful offender's remorse, and the youthful offender's major violations of
12institutional rules, if any.
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(c)
The youthful offender has the right to attend the hearing, the right to be
14represented by counsel, and the right to testify, present evidence, and cross-examine
15witnesses.
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(d) The victim shall be provided notice of the hearing as required under s.
17950.04 (1v) (g) and given the opportunity to provide a statement concerning
18sentencing in accordance with s. 950.04 (1v) (m).
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(e) A hearing under this subsection shall be recorded.
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(f) The decision of the court on a petition under sub. (4) is a final adjudication
21subject to appeal under s. 809.30.
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22(6) Order. (a) If the court finds that the interests of justice warrant a sentence
23adjustment, the court may amend the judgment of conviction and adjust the sentence
24as follows:
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11. If the youthful offender is serving a sentence for a crime committed before
2December 31, 1999, the court may convert an indeterminate sentence to a bifurcated
3sentence under s. 973.01. If the court converts the indeterminate sentence to a
4bifurcated 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.
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2. If the youthful offender is serving a bifurcated sentence for a crime
8committed on or after December 31, 1999, the court may reduce the term of
9confinement in prison and modify the conditions of extended supervision. The court
10may also reduce the total length of the bifurcated sentence. Notwithstanding s.
11973.01 (2) (d), the court shall provide for at least 3 years of extended supervision
12under s. 302.113.
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4. If the youthful offender is serving a life sentence, including a life sentence
14without the possibility of parole or release to extended supervision, the court may
15convert the sentence to a bifurcated sentence under s. 973.01 or a life sentence under
16s. 973.014 (3) (c) and set a date for release to extended supervision under s. 302.113
17or a date of eligibility for release under s. 302.114 and establish conditions for
18extended supervision accordingly.
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(b) If the court denies the petition for sentence adjustment or sets a date for
20release to extended supervision that is more than 3 years after the date of the hearing
21under this subsection, the court shall provide in writing the reasons for the denial
22or delayed eligibility for release.
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23(7) Subsequent petitions. A youthful offender is eligible to file a subsequent
24petition under sub. (4) no earlier than 3 years after a hearing is held under sub. (5),
25unless the court sets an earlier date.
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1(8) Access to programming. The department shall consider an individual's
2status as a youthful offender and the proximity to the date of the individual's
3eligibility for sentence adjustment under this section when determining the
4individual's eligibility for available programming.
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5(9) Sentence adjustment on other grounds. Nothing in this section limits the
6youthful offender's right to resentencing, sentence adjustment, or sentence
7modification on other grounds, including under s. 302.113 (9g) or 302.114.
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8Section
22. 973.15 (2m) (a) 1. of the statutes is amended to read:
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973.15
(2m) (a) 1. “Determinate sentence" means a bifurcated sentence
10imposed under s. 973.01 or a life sentence under which a person is eligible for release
11to extended supervision under s. 973.014 (1g) (a) 1. or 2.
or (3) (c).
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12Section 23
. 977.05 (4) (i) 10. of the statutes is created to read:
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977.05
(4) (i) 10. Cases involving youthful offenders under s. 973.018.
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14Section
24. 978.07 (1) (c) 1. of the statutes is amended to read:
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978.07
(1) (c) 1. Any case record of a felony punishable by life imprisonment
16or a related case, after the defendant's parole eligibility date under s. 304.06 (1) or
17973.014 (1)
or (3) (b) or date of eligibility for release to extended supervision under
18s. 973.014 (1g) (a) 1. or 2.
or (3) (c), whichever is applicable, or 50 years after the
19commencement of the action, whichever occurs later. If there is no parole eligibility
20date or no date for release to extended supervision, the district attorney may destroy
21the case record after the defendant's death.
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22Section 25
.
Nonstatutory provisions.
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(1)
No later than the first day of the 6th month beginning after the effective date
24of this subsection, the department of corrections shall provide written notice under
25s. 973.018 (4) (a) to all of the following:
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1(a) All youthful offenders who are incarcerated for a crime other than a crime
2described in par. (b) and who have served at least 14 years in prison on the date the
3notice is provided.
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(b) All youthful offenders who are incarcerated for a felony that caused the
5death of a person or a felony sexual assault of a child and who have served at least
619 years in prison on the date the notice is provided.
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7Section
26.
Initial applicability.
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(1)
Sentence adjustment for youthful offender. The creation of s. 973.018
9first applies to a youthful offender, as defined in s. 973.014 (3) (a), who is incarcerated
10on the effective date of this subsection.