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.

AB856,10,5 (b) A youthful offender who has been incarcerated for the requisite amount of time under par. (a) 1. or 2. is eligible for sentence adjustment under this section, regardless of whether the youthful offender is serving a single sentence or concurrent or consecutive sentences. Concurrent and consecutive sentences shall be treated as a single sentence for the purposes of this section.

AB856,10,14 (4) Petition for sentence adjustment. (a) One year before a youthful offender becomes eligible for a sentence adjustment under this section, the department shall provide written notice of the eligibility to the youthful offender, the sentencing court, the district attorney for the county in which the youthful offender was sentenced, the state public defender, and, in accordance with s. 950.04 (1v) (gm), any victims. 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.

AB856,10,17 (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).

AB856,10,22 (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.

AB856,11,2 (d) A youthful offender may file a petition for a sentence adjustment under this section. The youthful offender 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.

AB856,11,4 (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).

AB856,11,6 (5) Hearing. (a) The court shall hold a hearing within 120 days of a petition filed under sub. (4) (d), unless all parties agree to an extension for the hearing date.