SB111,1750,14 3. If the court resentences the person or adjusts probation, the person shall receive credit for time or probation served for the relevant offense.

SB111,1750,18 (2) Redesignating offense for persons who completed a sentence or probation. (a) A person who has completed his or her sentence or period of probation may request under par. (b) expungement of the conviction because the conviction is legally invalid or redesignation to a lesser crime if all of the following apply:

SB111,1750,20 1. The sentence or probation period was imposed for a violation of s. 961.41 (1) (h), 2017 stats., s. 961.41 (1m) (h), 2017 stats., or s. 961.41 (3g) (e), 2017 stats.

SB111,1750,21 2. One of the following applies:

SB111,1750,23 a. The person would not have been guilty of a crime had the violation occurred on or after the effective date of this subd. 2. a. .... [LRB inserts date].

SB111,1750,25 b. The person would have been guilty of a lesser crime had the violation occurred on or after the effective date of this subd. 2. b. .... [LRB inserts date].

SB111,1751,2 (b) 1. A person to whom par. (a) applies shall file a petition with the sentencing court to request expungement or redesignation.

SB111,1751,9 2. If the court receiving a petition under subd. 1. determines that par. (a) applies, the court shall schedule a hearing to consider the petition. At the hearing, if the court determines that par. (a) 2. b. applies, the court shall redesignate the crime to a lesser crime and change the record to reflect the lesser crime, and if the court determines that par. (a) 2. a. applies, the court shall expunge the conviction. Before redesignating or expunging under this subdivision, the court shall determine that the action does not present an unreasonable risk of danger to public safety.

SB111,1751,13 (3) Effect of resentencing, dismissal, redesignation, or expungement. If the court changes or expunges a record under this section, a conviction that was changed or expunged is not considered a conviction for any purpose under state or federal law, including for purposes of s. 941.29 or 18 USC 921.

SB111,3442 Section 3442 . 973.017 (2c) of the statutes is created to read:

SB111,1751,17 973.017 (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:

SB111,1751,20 (a) That, because children are less criminally culpable and more amenable to reform, youthful offenders are constitutionally different from adults for the purposes of sentencing.

SB111,1751,22 (b) That the sentencing goals of deterrence, retribution, and incapacitation are secondary to the goal of rehabilitation when sentencing youthful offenders.

SB111,1752,2 (c) That unless the state proves beyond a reasonable doubt that the youthful offender is permanently incorrigible and is therefore unable to be rehabilitated, youthful offenders must have a meaningful opportunity to obtain release from prison based on maturity and rehabilitation.

SB111,3443 Section 3443 . 973.018 of the statutes is created to read:

SB111,1752,5 973.018 Sentence adjustment for youthful offenders. (1) Definition. In this section, “youthful offender” has the meaning given in s. 973.014 (3) (a).

SB111,1752,10 (2) Sentence adjustment; factors. A court may reduce a term of imprisonment, including life imprisonment under s. 973.014 (3), for a youthful offender who has served 15 years of his or her term of imprisonment if the court finds that the interests of justice warrant a reduction. In making its determination, the court shall consider all of the following:

SB111,1752,11 (a) The sentencing factors set forth in ss. 973.014 (3) (e) and 973.017 (2c).

SB111,1752,13 (b) The youthful offender's subsequent growth, behavior, and rehabilitation while incarcerated.

SB111,1752,21 (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.

SB111,1752,24 (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).

SB111,1753,5 (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.

SB111,1753,10 (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.

SB111,1753,12 (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).

SB111,1753,14 (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.

SB111,1753,19 (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.

SB111,1753,22 (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.

SB111,1753,24 (d) The victim shall be given the opportunity to provide a statement concerning sentencing in accordance with s. 950.04 (1v) (m).

SB111,1753,25 (e) A hearing under this subsection shall be recorded.