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.

AB856,11,12 (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, evidence of the youthful offender's remorse, and the youthful offender's major violations of institutional rules, if any.

AB856,11,15 (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.

AB856,11,18 (d) The victim shall be provided notice of the hearing as required under s. 950.04 (1v) (g) and given the opportunity to provide a statement concerning sentencing in accordance with s. 950.04 (1v) (m).

AB856,11,19 (e) A hearing under this subsection shall be recorded.

AB856,11,21 (f) The decision of the court on a petition under sub. (4) is a final adjudication subject to appeal under s. 809.30.

AB856,11,24 (6) Order. (a) If the court finds that the interests of justice warrant a sentence adjustment, the court may amend the judgment of conviction and adjust the sentence as follows:

AB856,12,6 1. If the youthful offender is serving a sentence for a crime committed before December 31, 1999, the court may convert an indeterminate sentence to a bifurcated sentence under s. 973.01. If the court converts the indeterminate sentence to a bifurcated sentence, the court shall set a date for release to extended supervision under s. 302.113 that is no later than the original parole eligibility date. The court may also modify the conditions of parole or extended supervision.

AB856,12,12 2. If the youthful offender is serving a bifurcated sentence for a crime committed on or after December 31, 1999, the court may reduce the term of confinement in prison and modify the conditions of extended supervision. The court may also reduce the total length of the bifurcated sentence. Notwithstanding s. 973.01 (2) (d), the court shall provide for at least 3 years of extended supervision under s. 302.113.

AB856,12,18 4. If the youthful offender is serving a life sentence, including a life sentence without the possibility of parole or release to extended supervision, the court may convert the sentence to a bifurcated sentence under s. 973.01 or a life sentence under s. 973.014 (3) (c) and set a date for release to extended supervision under s. 302.113 or a date of eligibility for release under s. 302.114 and establish conditions for extended supervision accordingly.