SB111,1754,2
1(f) The decision of the court on a petition under sub. (3) is a final adjudication
2subject to appeal under s. 809.30.
SB111,1754,5
3(5) Order. If the court finds that the interests of justice warrant a sentence
4adjustment, the court may amend the judgment of conviction according to one of the
5following:
SB111,1754,96
(a) If the youthful offender is serving a sentence for a crime committed before
7December 31, 1999, reduce the parole eligibility date and modify the conditions of
8parole. The court may also reduce the sentence, but shall provide for at least 3 years
9of parole supervision after release from prison.
SB111,1754,1510
(b) Upon request by the youthful offender, for a crime committed before
11December 31, 1999, convert an indeterminate sentence to a bifurcated sentence
12under s. 973.01 or 973.014 (1g). If the court converts the indeterminate sentence to
13a bifurcated sentence, the court shall set a date for release to extended supervision
14under s. 302.113 that is no later than the original parole eligibility date. The court
15may also modify the conditions of parole or extended supervision.
SB111,1754,2016
(c) For a crime committed on or after December 31, 1999, reduce the term of
17confinement in prison and modify the conditions of extended supervision. The court
18may also reduce the total length of the bifurcated sentence. Notwithstanding s.
19973.01 (2) (d), the court shall provide for at least 3 years of extended supervision
20under s. 302.113.
SB111,1754,2521
(d) For a life sentence without the possibility of parole or release to extended
22supervision under s. 973.014 (1) (c) or (1g) (a) 3., convert the sentence to a life
23sentence with the possibility of parole or release to extended supervision and set a
24date for parole eligibility or release to extended supervision and conditions for parole
25or extended supervision accordingly.
SB111,1755,4
1(6) Subsequent petitions. A youthful offender is eligible to file a subsequent
2petition under sub. (3) no earlier than 5 years after a hearing is held under sub. (4),
3unless the court sets an earlier date. A youthful offender may file no more than 5
4petitions under sub. (3) during his or her sentence.
SB111,1755,7
5(7) Sentence modification on other grounds. Nothing in this section limits
6the youthful offender's right to resentencing, sentence adjustment, or sentence
7modification on other grounds, including under s. 302.113 (9g) or 302.114.
SB111,3444
8Section 3444
. 973.10 (2) (intro.) of the statutes is renumbered 973.10 (2) (am)
9and amended to read:
SB111,1755,1710
973.10
(2) (am) If a probationer violates the conditions of probation, the
11department
of corrections may initiate a proceeding before the division of hearings
12and appeals in the department of administration. Unless waived by the probationer,
13a hearing examiner for the division shall conduct an administrative hearing and
14enter an order either revoking or not revoking probation. Upon request of either
15party, the administrator of the division shall review the order. If the probationer
16waives the final administrative hearing, the secretary of corrections shall enter an
17order either revoking or not revoking probation.
SB111,1755,18
18(bm) 2. If probation is revoked, the department shall
do one of the following:
SB111,3445
19Section 3445
. 973.10 (2) (a) and (b) of the statutes are renumbered 973.10 (2)
20(bm) 2. a. and b.
SB111,3446
21Section 3446
. 973.10 (2) (bm) 1. of the statutes is created to read:
SB111,1755,2322
973.10
(2) (bm) 1. Probation may not be revoked unless one of the following
23applies:
SB111,1755,2424
a. The person committed 3 or more independent violations while on probation.
SB111,1756,2
1b. The condition that the person violated was a condition that the person not
2contact any specified individual.
SB111,1756,33
c. The person was required to register as a sex offender under s. 301.45.
SB111,1756,54
d. When the person violated the condition of probation, the person also
5allegedly committed a crime.
SB111,1756,76
e. The person failed to report or make himself or herself available for
7supervision for a period of more than 60 consecutive days.
SB111,3447
8Section 3447
. 973.10 (2s) of the statutes is repealed.
SB111,3448
9Section 3448
. 973.15 (2m) (a) 1. of the statutes is amended to read:
SB111,1756,1210
973.15
(2m) (a) 1. “Determinate sentence" means a bifurcated sentence
11imposed under s. 973.01 or a life sentence under which a person is eligible for release
12to extended supervision under s. 973.014 (1g) (a) 1. or 2.
or (3) (c).
SB111,3449
13Section 3449
. 973.15 (5) of the statutes is amended to read:
SB111,1756,1714
973.15
(5) A convicted offender who is made available to another jurisdiction
15under ch. 976 or in any other lawful manner shall be credited with service of his or
16her Wisconsin sentence or commitment under the terms of
s. ss. 973.155
and 973.156 17for the duration of custody in the other jurisdiction.
SB111,3450
18Section 3450
. 973.155 (1m) of the statutes is amended to read:
SB111,1756,2319
973.155
(1m) A convicted offender shall be given credit toward the service of
20his or her sentence for all days spent in custody as part of a
substance abuse 21treatment program that meets the requirements of s. 165.95 (3), as determined by
22the department of justice under s. 165.95 (9) and (10), for any offense arising out of
23the course of conduct that led to the person's placement in that program.
SB111,3451
24Section 3451
. 973.156 of the statutes is created to read:
SB111,1757,3
1973.156 Earned compliance credit. (1) In this section, “qualifying offense”
2means a crime other than a violation of ch. 940 or s. 948.02, 948.025, 948.03, 948.05,
3948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095.
SB111,1757,10
4(2) Upon the revocation of extended supervision under s. 302.113 (9) or parole
5under s. 302.11 (7)
, a person shall be given earned compliance credit toward the
6service of his or her sentence for a qualifying offense for each day that the person
7spent on extended supervision or parole without violating a condition or rule of
8extended supervision or parole prior to the violation that resulted in the revocation.
9A person may not be given earned compliance credit for any time between the date
10of the most recent violation and the date of the revocation.