AB68-SSA1,1558,11 (a) The sentencing factors set forth in ss. 973.014 (3) (e) and 973.017 (2c).

AB68-SSA1,1558,13 (b) The youthful offender's subsequent growth, behavior, and rehabilitation while incarcerated.

AB68-SSA1,1558,21 (3) Petition for sentence adjustment. (a) One year before the youthful offender becomes eligible for a sentence adjustment under this section, the department shall provide written notice of the eligibility to the qualifying youthful offender, the sentencing court, the district attorney for the county in which the youthful offender was sentenced, and the state public defender. 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.

AB68-SSA1,1558,24 (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).

AB68-SSA1,1559,5 (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.

AB68-SSA1,1559,10 (d) A qualifying youthful offender may file a petition for a sentence adjustment under this section. The petitioner 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.

AB68-SSA1,1559,12 (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).

AB68-SSA1,1559,14 (4) Hearing. (a) The court shall hold a hearing within 120 days of a petition filed under sub. (3) (d), unless all parties agree to an extension for the hearing date.

AB68-SSA1,1559,19 (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, and the youthful offender's major violations of institutional rules, if any.

AB68-SSA1,1559,22 (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.

AB68-SSA1,1559,24 (d) The victim shall be given the opportunity to provide a statement concerning sentencing in accordance with s. 950.04 (1v) (m).

AB68-SSA1,1559,25 (e) A hearing under this subsection shall be recorded.

AB68-SSA1,1560,2 (f) The decision of the court on a petition under sub. (3) is a final adjudication subject to appeal under s. 809.30.

AB68-SSA1,1560,5 (5) Order. If the court finds that the interests of justice warrant a sentence adjustment, the court may amend the judgment of conviction according to one of the following:

AB68-SSA1,1560,9 (a) If the youthful offender is serving a sentence for a crime committed before December 31, 1999, reduce the parole eligibility date and modify the conditions of parole. The court may also reduce the sentence, but shall provide for at least 3 years of parole supervision after release from prison.

AB68-SSA1,1560,15 (b) Upon request by the youthful offender, for a crime committed before December 31, 1999, convert an indeterminate sentence to a bifurcated sentence under s. 973.01 or 973.014 (1g). 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.

AB68-SSA1,1560,20 (c) For a crime committed on or after December 31, 1999, 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.

AB68-SSA1,1560,25 (d) For a life sentence without the possibility of parole or release to extended supervision under s. 973.014 (1) (c) or (1g) (a) 3., convert the sentence to a life sentence with the possibility of parole or release to extended supervision and set a date for parole eligibility or release to extended supervision and conditions for parole or extended supervision accordingly.

AB68-SSA1,1561,4 (6) Subsequent petitions. A youthful offender is eligible to file a subsequent petition under sub. (3) no earlier than 5 years after a hearing is held under sub. (4), unless the court sets an earlier date. A youthful offender may file no more than 5 petitions under sub. (3) during his or her sentence.

AB68-SSA1,1561,7 (7) Sentence modification 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.

AB68-SSA1,3454 Section 3454. 973.10 (2) (intro.) of the statutes is renumbered 973.10 (2) (am) and amended to read:

AB68-SSA1,1561,17 973.10 (2) (am) If a probationer violates the conditions of probation, the department of corrections may initiate a proceeding before the division of hearings and appeals in the department of administration. Unless waived by the probationer, a hearing examiner for the division shall conduct an administrative hearing and enter an order either revoking or not revoking probation. Upon request of either party, the administrator of the division shall review the order. If the probationer waives the final administrative hearing, the secretary of corrections shall enter an order either revoking or not revoking probation.

AB68-SSA1,1561,18 (bm) 2. If probation is revoked, the department shall do one of the following:

AB68-SSA1,3455 Section 3455. 973.10 (2) (a) and (b) of the statutes are renumbered 973.10 (2) (bm) 2. a. and b.

AB68-SSA1,3456 Section 3456 . 973.10 (2) (bm) 1. of the statutes is created to read:

AB68-SSA1,1561,23 973.10 (2) (bm) 1. Probation may not be revoked unless one of the following applies:

AB68-SSA1,1561,24 a. The person committed 3 or more independent violations while on probation.

AB68-SSA1,1562,2 b. The condition that the person violated was a condition that the person not contact any specified individual.

AB68-SSA1,1562,3 c. The person was required to register as a sex offender under s. 301.45.