AB856,19 Section 19. 973.014 (3) of the statutes is created to read:

AB856,7,24 973.014 (3) (a) In this subsection, “youthful offender,” when used to refer to a person who is sentenced for an offense, means a person who committed the offense before he or she attained the age of 18 years.

AB856,8,3 (b) When a court sentences a youthful offender to life imprisonment for a crime committed before December 31, 1999, the court shall set a date on which the youthful offender is eligible for parole.

AB856,8,6 (c) When a court sentences a youthful offender to life imprisonment for a crime committed on or after December 31, 1999, the court shall set a date on which the youthful offender is eligible for release to extended supervision.

AB856,8,9 (d) When sentencing a youthful offender to life imprisonment under par. (b) or (c), the court shall inform the youthful offender of the procedure for petitioning for a sentence adjustment under s. 973.018.

AB856,8,12 (e) When sentencing a youthful offender to life imprisonment under par. (b) or (c), the court shall consider, in addition to all other relevant factors, the factors for mitigation for youth under s. 973.017 (2c).

AB856,20 Section 20. 973.017 (2c) of the statutes is created to read:

AB856,8,17 973.017 (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 with regard to the defendant:

AB856,8,18 (a) Age at the time of the offense.

AB856,8,19 (b) Impetuosity.

AB856,8,20 (c) Family and community environment.

AB856,8,21 (d) Ability to appreciate the risks and consequences of the conduct.

AB856,8,22 (e) Intellectual capacity.

AB856,8,24 (f) The findings of any comprehensive mental health evaluation that is available to the court.

AB856,8,25 (g) Peer or familial pressure.

AB856,9,1 (h) Level of participation in the offense.

AB856,9,2 (i) Ability to participate meaningfully in his or her defense.

AB856,9,3 (j) Capacity for rehabilitation.

AB856,9,4 (k) School records and special education evaluations.

AB856,9,5 (L) History of trauma.

AB856,9,6 (m) Faith and community involvement.

AB856,9,7 (n) Involvement in the child welfare system.

AB856,9,9 (o) Any other mitigating factor or circumstance that the court determines is relevant.

AB856,21 Section 21. 973.018 of the statutes is created to read:

AB856,9,12 973.018 Sentence adjustment for youthful offenders. (1) Definition. In this section, “youthful offender” has the meaning given in s. 973.014 (3) (a).

AB856,9,18 (2) Sentence adjustment; factors. A court may reduce a term of imprisonment, including life imprisonment, for a youthful offender who is eligible under sub. (3) if the court finds that the interests of justice warrant a reduction. In making its determination, the court shall consider the factors for mitigation for youth under s. 973.017 (2c) and the youthful offender's subsequent growth, behavior, and rehabilitation while incarcerated.

AB856,9,20 (3) Eligibility. (a) A youthful offender is eligible for a sentence adjustment under this section if one of the following applies:

AB856,9,22 1. The youthful offender is serving a sentence for a crime other than a crime described in subd. 2. and has been incarcerated for no less than 15 years.

AB856,9,25 2. The youthful offender is serving a sentence for a felony that caused the death of a person or a felony sexual assault of a child and has been incarcerated for no less than 20 years.