AB68-ASA2-AA7,417em 13Section 417em. 973.01 (4) of the statutes is amended to read:
AB68-ASA2-AA7,50,1914 973.01 (4) No good time; extension or reduction of term of imprisonment. A
15person sentenced to a bifurcated sentence under sub. (1) shall serve the term of
16confinement in prison portion of the sentence without reduction for good behavior.
17The term of confinement in prison portion is subject to extension under s. 302.113 (3)
18and, if applicable, to reduction under s. 302.045 (3m), 302.05 (3) (c) 2. a., 302.113 (9g),
19973.018, 973.195 (1r), or 973.198.
AB68-ASA2-AA7,417hm 20Section 417hm. 973.014 (1) (intro.) of the statutes is amended to read:
AB68-ASA2-AA7,50,2421 973.014 (1) (intro.) Except as provided in sub. (2) or (3), when a court sentences
22a person to life imprisonment for a crime committed on or after July 1, 1988, but
23before December 31, 1999, the court shall make a parole eligibility determination
24regarding the person and choose one of the following options:
AB68-ASA2-AA7,417hn
1Section 417hn. 973.014 (1g) (a) (intro.) of the statutes is amended to read:
AB68-ASA2-AA7,51,52 973.014 (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:
AB68-ASA2-AA7,417ho 6Section 417ho. 973.014 (3) of the statutes is created to read:
AB68-ASA2-AA7,51,87 973.014 (3) (a) In this subsection, “youthful offender” means a person who
8committed an offense before the person attained the age of 18 years.
AB68-ASA2-AA7,51,119 (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.
AB68-ASA2-AA7,51,1412 (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.
AB68-ASA2-AA7,51,1715 (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.
AB68-ASA2-AA7,51,2018 (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:
AB68-ASA2-AA7,51,2321 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.
AB68-ASA2-AA7,51,2524 2. That the sentencing goals of deterrence, retribution, and incapacitation are
25secondary to the goal of rehabilitation when sentencing youthful offenders.
AB68-ASA2-AA7,52,4
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.
AB68-ASA2-AA7,417hp 5Section 417hp. 973.017 (2c) of the statutes is created to read:
AB68-ASA2-AA7,52,86 973.017 (2c) Mitigation for youth. When making a sentencing decision for a
7person who had not attained the age of 18 years at the time the crime was committed,
8the court shall consider all of the following mitigating factors:
AB68-ASA2-AA7,52,119 (a) That, because children are less criminally culpable and more amenable to
10reform, youthful offenders are constitutionally different from adults for the purposes
11of sentencing.
AB68-ASA2-AA7,52,1312 (b) That the sentencing goals of deterrence, retribution, and incapacitation are
13secondary to the goal of rehabilitation when sentencing youthful offenders.
AB68-ASA2-AA7,52,1714 (c) That unless the state proves beyond a reasonable doubt that the youthful
15offender is permanently incorrigible and is therefore unable to be rehabilitated,
16youthful offenders must have a meaningful opportunity to obtain release from prison
17based on maturity and rehabilitation.
AB68-ASA2-AA7,417hq 18Section 417hq. 973.018 of the statutes is created to read:
AB68-ASA2-AA7,52,20 19973.018 Sentence adjustment for youthful offenders. (1) Definition. In
20this section, “youthful offender” has the meaning given in s. 973.014 (3) (a).
AB68-ASA2-AA7,52,25 21(2) Sentence adjustment; factors. A court may reduce a term of
22imprisonment, including life imprisonment under s. 973.014 (3), for a youthful
23offender who has served 15 years of his or her term of imprisonment if the court finds
24that the interests of justice warrant a reduction. In making its determination, the
25court shall consider all of the following:
AB68-ASA2-AA7,53,1
1(a) The sentencing factors set forth in ss. 973.014 (3) (e) and 973.017 (2c).
AB68-ASA2-AA7,53,32 (b) The youthful offender's subsequent growth, behavior, and rehabilitation
3while incarcerated.
AB68-ASA2-AA7,53,11 4(3) Petition for sentence adjustment. (a) One year before the youthful
5offender becomes eligible for a sentence adjustment under this section, the
6department shall provide written notice of the eligibility to the qualifying youthful
7offender, the sentencing court, the district attorney for the county in which the
8youthful offender was sentenced, and the state public defender. Notice under this
9paragraph shall include notice of the youthful offender's right to counsel and notice
10that if the youthful offender believes that he or she cannot afford an attorney, the
11youthful offender may ask the state public defender to represent him or her.
AB68-ASA2-AA7,53,1412 (b) A youthful offender has a right to counsel in the sentence adjustment
13proceedings under this section. The right to counsel begins at the service of notice
14under par. (a).
AB68-ASA2-AA7,53,1915 (c) After service of notice under par. (a) and upon request by the youthful
16offender or the youthful offender's attorney, the court shall make documents from the
17sentencing hearing available to the youthful offender or his or her attorney, including
18the presentence investigation report in accordance with s. 972.15 (4m) and the
19transcript from the sentencing hearing.
AB68-ASA2-AA7,53,2420 (d) A qualifying youthful offender may file a petition for a sentence adjustment
21under this section. The petitioner shall file the petition and any affidavits and other
22written support for the petition in the sentencing court no more than 90 days before
23the youthful offender's eligibility date. A copy of the petition shall be served on the
24district attorney in the county in which the youthful offender was sentenced.