SB111,1743,1514 (c) If a person is serving more than one sentence, early discharge under par. (b)
15applies only to the terms of extended supervision imposed for qualifying offenses.
SB111,1743,1616 (d) 1. In this paragraph, “victim" has the meaning given in s. 950.02 (4).
SB111,1743,2517 2. When a court receives a petition under par. (b) 1., the clerk of the circuit court
18shall send a notice of hearing to the victim of the crime committed by the person
19serving the term of extended supervision, if the victim has submitted a card under
20subd. 3. requesting notification. The notice shall inform the victim that he or she may
21appear at any hearing scheduled under par. (b) and shall inform the victim of the
22manner in which he or she may provide a statement concerning the early discharge
23from extended supervision. The clerk of the circuit court shall make a reasonable
24attempt to send the notice of hearing to the last-known address of the victim,
25postmarked at least 10 days before the date of the hearing.
SB111,1744,12
13. The director of state courts shall design and prepare cards for a victim to send
2to the clerk of the circuit court for the county in which the person serving the term
3of extended supervision was convicted and sentenced. The cards shall have space for
4a victim to provide his or her name and address, the name of the applicable person
5serving a term of extended supervision, and any other information that the director
6of state courts determines is necessary. The director of state courts shall provide the
7cards, without charge, to clerks of circuit court. Clerks of circuit court shall provide
8the cards, without charge, to victims. Victims may send completed cards to the clerk
9of the circuit court for the county in which the person serving a term of extended
10supervision was convicted and sentenced. All court records or portions of records
11that relate to mailing addresses of victims are not subject to inspection or copying
12under s. 19.35 (1).
SB111,3429 13Section 3429 . 973.01 (8) (a) 6. of the statutes is created to read:
SB111,1744,1514 973.01 (8) (a) 6. The conditions under which the court may reduce the term of
15the person's extended supervision under sub. (5m).
SB111,3430 16Section 3430 . 973.01 (8) (ag) of the statutes is amended to read:
SB111,1744,2017 973.01 (8) (ag) If the The court provides under sub. (3g) that shall inform the
18person is eligible to participate in of the availability of the earned release program
19under s. 302.05 (3), the court shall also inform the person of the provisions of s. 302.05
20(3) (c)
.
SB111,3431 21Section 3431 . 973.014 (1) (intro.) of the statutes is amended to read:
SB111,1744,2522 973.014 (1) (intro.) Except as provided in sub. (2) or (3), when a court sentences
23a person to life imprisonment for a crime committed on or after July 1, 1988, but
24before December 31, 1999, the court shall make a parole eligibility determination
25regarding the person and choose one of the following options:
SB111,3432
1Section 3432. 973.014 (1g) (a) (intro.) of the statutes is amended to read:
SB111,1745,52 973.014 (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:
SB111,3433 6Section 3433 . 973.014 (3) of the statutes is created to read:
SB111,1745,87 973.014 (3) (a) In this subsection, “youthful offender” means a person who
8committed an offense before the person attained the age of 18 years.
SB111,1745,119 (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.
SB111,1745,1412 (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.
SB111,1745,1715 (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.
SB111,1745,2018 (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:
SB111,1745,2321 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.
SB111,1745,2524 2. That the sentencing goals of deterrence, retribution, and incapacitation are
25secondary to the goal of rehabilitation when sentencing youthful offenders.
SB111,1746,4
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.
SB111,3434 5Section 3434 . 973.015 (1b) of the statutes is created to read:
SB111,1746,66 973.015 (1b) In this section, “record” means a criminal case file.
SB111,3435 7Section 3435 . 973.015 (1m) (a) 1. of the statutes is renumbered 973.015 (1m)
8(a) 1. (intro.) and amended to read:
SB111,1746,169 973.015 (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:
SB111,1746,19 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).
SB111,3436 20Section 3436 . 973.015 (1m) (a) 1. a. and b. of the statutes are created to read:
SB111,1746,2421 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.
SB111,1747,21
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.