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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.
AB68-ASA2-AA7,62,25 18(3e) Conditions of supervision. No later than July 1, 2022, the department of
19corrections shall review the efficacy of its standard conditions and rules of
20supervision, and shall provide a report to the governor, the chief clerk of each house
21of the legislature for distribution to the appropriate standing committees in the
22manner provided under s. 13.172 (3), and the director of state courts. The report shall
23include the number of violations reported for each condition and rule and a
24comparison of the department of correction's standard conditions and rules of
25supervision to conditions and rules of supervision in other states.
AB68-ASA2-AA7,63,11
1(4e) Earned compliance credit. A person who is serving a sentence for a
2violation other than a crime specified in ch. 940 or s. 948.02, 948.025, 948.03, 948.05,
3948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095 and who is in
4custody upon revocation of extended supervision or parole on the effective date of this
5subsection may petition the department to be given credit under s. 973.156. Upon
6proper verification of the facts alleged in the petition, s. 973.156 shall be applied
7retroactively to the person. If the department is unable to determine whether credit
8should be given, or otherwise refuses to award retroactive credit, the person may
9petition the sentencing court for relief. This subsection applies regardless of the date
10the person was sentenced. A person who is required to register under s. 301.45 is not
11eligible to receive credit under this subsection.
AB68-ASA2-AA7,63,12 12(5e) Reports on risk assessment and training.
AB68-ASA2-AA7,63,22 13(a) The department of corrections shall conduct a review of the department's
14evidence-based risk assessment tool and shall submit a report to the governor, the
15chief clerk of each house of the legislature for distribution to the appropriate
16standing committees in the manner provided under s. 13.172 (3), and the director of
17state courts no later than the first day of the 12th month beginning after the effective
18date of this paragraph. The department shall include in the report a review of the
19available alternatives to the current risk assessment tool and the costs and savings
20that would result from the use of alternatives. The department shall include in its
21review the efficacy of an evidence-based risk assessment tool that uses ongoing or
22recurring evaluations of an individual's ability to meet the conditions of supervision.
AB68-ASA2-AA7,64,4 23(b) The department of corrections shall conduct a review of the department's
24training of community supervision officers and shall submit a report to the governor,
25the chief clerk of each house of the legislature for distribution to the appropriate

1standing committees in the manner provided under s. 13.172 (3), and the director of
2state courts no later than the first day of the 12th month beginning after the effective
3date of this paragraph. The department shall include in its report an evaluation of
4best practices and outcomes of training models used in other states.”.
AB68-ASA2-AA7,64,5 541. Page 387, line 2: after that line insert:
AB68-ASA2-AA7,64,6 6 Section 9108. Nonstatutory provisions; Corrections.
AB68-ASA2-AA7,64,107 (1r) Sentence adjustment for youthful offenders. No later than the first day
8of the 6th month beginning after the effective date of this subsection, the department
9of corrections shall provide written notice under s. 973.018 (3) (a) to all youthful
10offenders who have served at least 14 years of their terms of imprisonment.” .
AB68-ASA2-AA7,64,11 1142. Page 387, line 13: after that line insert:
AB68-ASA2-AA7,64,15 12(1q) Opening Avenues to Reentry Success program. There is created in the
13department of health services 1.0 FTE position to staff the Opening Avenues to
14Reentry Success program to be funded from the appropriation under s. 20.435 (2)
15(kp).”.
AB68-ASA2-AA7,64,16 1643. Page 389, line 18: after that line insert:
AB68-ASA2-AA7,64,17 17 Section 9127. Nonstatutory provisions; Justice.
AB68-ASA2-AA7,64,2118 (1r) Sentencing review council; report. No later than July 1, 2022, the
19sentencing review council shall submit a report on its findings and recommendations
20under s. 165.27 (1) to (4) to the attorney general under s. 15.09 (7) and to the
21appropriate standing committees of the legislature under s. 13.172 (3).”.
AB68-ASA2-AA7,64,22 2244. Page 396, line 11: after that line insert:
AB68-ASA2-AA7,64,23 23 Section 9227. Fiscal changes; Justice.
AB68-ASA2-AA7,65,3
1(1r) Violence interruption grant program. In fiscal year 2021-22, there is
2transferred from the appropriation account under s. 20.455 (2) (f) to the
3appropriation account under s. 20.455 (2) (ks) $1,000,000.”.
AB68-ASA2-AA7,65,4 445. Page 397, line 9: after that line insert:
AB68-ASA2-AA7,65,5 5 Section 9308. Initial applicability; Corrections.
AB68-ASA2-AA7,65,14 6(1e) Revocation and sanctions. The treatment of ss. 301.035 (2), 302.107 (2),
7302.113 (8m) (a) and (b) and (9) (b) and (c), 302.114 (9) (ag), 302.115, 302.33 (1), 303.08
8(1) (intro.), (2), (5) (intro.), (6), and (12), 304.06 (3g), 808.075 (4) (g) 3., 950.04 (1v) (vg),
9973.10 (2) (intro.), (a), (b), and (bm) 1. and (2s), the renumbering and amendment of
10ss. 302.11 (7) (ag) and (am), 302.113 (9) (ag) and (am), and 304.06 (3), and the creation
11of ss. 302.11 (7) (ag) 1. and (am) 1. a. to e., 302.113 (9) (ag) 1. and 2. and (am) 1. a. to
12e., and 304.06 (3) (g) 1. to 5. first apply to a person who is alleged to have violated a
13condition or rule of probation, parole, or extended supervision on the effective date
14of this subsection.”.
AB68-ASA2-AA7,65,15 1546. Page 397, line 9: after that line insert:
AB68-ASA2-AA7,65,16 16 Section 9308. Initial applicability; Corrections.
AB68-ASA2-AA7,65,1717 (1r) Youthful offenders; sentencing.
AB68-ASA2-AA7,65,2018 (a) The treatment of ss. 973.014 (1) (intro.), (1g) (a) (intro.), and (3) and 973.017
19(2c) first applies to a conviction for which sentencing has occurred on the effective
20date of this paragraph.
AB68-ASA2-AA7,65,2221 (b) The treatment of s. 973.018 first applies to a youthful offender who is
22serving a term of imprisonment on the effective date of this paragraph.”.
AB68-ASA2-AA7,65,23 2347. Page 397, line 9: after that line insert:
AB68-ASA2-AA7,65,24 24 Section 9308. Initial applicability; Corrections.
AB68-ASA2-AA7,66,12
1(1s) Age of adult jurisdiction. The treatment of ss. 48.02 (1d) and (2), 48.44,
248.45 (1) (a) and (am) and (3), 118.163 (4), 125.07 (4) (d) and (e) 1., 125.085 (3) (bt),
3165.83 (1) (c) 1. and 2., 301.12 (2m) and (14) (a), 302.31 (7), 938.02 (1) and (10m),
4938.12 (2), 938.18 (2), 938.183 (3), 938.255 (1) (intro.), 938.34 (8), 938.343 (2), 938.344
5(3), 938.35 (1m), 938.355 (4) (b) and (4m) (a), 938.39, 938.44, 938.45 (1) (a) and (3),
6938.48 (4m) (title) and (a), 938.57 (3) (title), (a) (intro.), 1., and 3., and (b), 939.632
7(1) (e) 1. and 3., 946.50 (intro.), 948.01 (1), 948.11 (2) (am) (intro.), 948.45 (1), 948.60
8(2) (d), 948.61 (4), 961.455 (title), (1), and (2), 961.46, 961.573 (2), 961.574 (2), 961.575
9(1), (2), and (3), and 990.01 (3) and (20), subch. IX (title) of ch. 48, and subch. IX (title)
10of ch. 938 and the amendment of s. 938.48 (4m) (b) and (14) first apply to a violation
11of a criminal law, civil law, or municipal ordinance allegedly committed on the
12effective date of this subsection.”.
AB68-ASA2-AA7,66,13 1348. Page 397, line 12: after that line insert:
AB68-ASA2-AA7,66,14 14 Section 9327. Initial applicability; Justice.
AB68-ASA2-AA7,66,1815 (1r) Treatment alternatives and diversions. The treatment of ss. 165.95 (1)
16(ac), (2), (2r), (3) (a), (ag), (b), (bd), (cm) 2., (d), (e), (g), (h), (i), (j), and (k), (5) (a) and
17(b), (5m), (6), (7), and (7m) first applies to grants awarded under s. 165.95 (2) on the
18effective date of this subsection.”.
AB68-ASA2-AA7,66,19 1949. Page 398, line 20: after that line insert:
AB68-ASA2-AA7,66,20 20 Section 9408. Effective dates; Corrections.
AB68-ASA2-AA7,66,23 21(1e) Age of juvenile jurisdiction. The repeal and recreation of s. 938.48 (4m)
22(b) and (14) takes effect on the date specified in the notice under 2017 Wisconsin Act
23185
, Section 110 (2) (b).”.
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