December 22, 2023 - Introduced by Representatives Novak, Andraca, Baldeh, Bare, Billings, Clancy, Drake, Goyke, Kitchens, Madison, Maxey, Moore Omokunde, Mursau, Neubauer, Ohnstad, Ortiz-Velez, Schmidt, Shelton, Snodgrass, Spiros, Stubbs, Subeck, Sinicki, Schraa and Jacobson, cosponsored by Senators James, L. Johnson, Larson, Pfaff, Roys, Spreitzer, Taylor, Wirch and Agard. Referred to Committee on Judiciary.

AB845,,22An Act to amend 302.113 (2), 302.114 (1), 302.114 (2), 303.065 (1) (b) 1., 304.02 (5), 304.06 (1) (b), 304.071 (2), 939.62 (2m) (b) (intro.), 950.04 (1v) (g), 950.04 (1v) (gm), 950.04 (1v) (m), 973.01 (3), 973.01 (4), 973.014 (1) (intro.), 973.014 (1g) (a) (intro.), 973.15 (2m) (a) 1. and 978.07 (1) (c) 1.; and to create 302.114 (5) (cs), 304.06 (1) (a) 3., 304.06 (1) (bc), 973.014 (3), 973.017 (2c), 973.018 and 977.05 (4) (i) 10. of the statutes; relating to: sentencing for crimes committed by a person who is under the age of 18.

This bill creates a sentence adjustment procedure for a “youthful offender,” defined under the bill as an individual who committed the crime for which the individual is being sentenced before he or she turned 18 years old. This bill also prohibits a court from sentencing a youthful offender to life imprisonment without the possibility of parole or release to extended supervision, and creates new mitigating factors that a court must consider when sentencing a youthful offender. Finally, this bill eliminates statutory mandatory life sentences without parole or release to extended supervision for youthful offenders in order to align with federal constitutional law.

This bill creates a new procedure for an incarcerated youthful offender to petition the sentencing court for a sentence adjustment after serving 15 years of his or her sentence in prison, or, if the person is serving a sentence for a crime that is a felony that caused the death of a person or is a felony sexual assault of a child, after serving 20 years in prison. Under the bill, one year before the youthful offender is eligible to petition for the sentence adjustment, the Department of Corrections is required to notify the youthful offender of his or her eligibility. If the youthful offender files a petition, the court is required to hold a hearing on the petition and is required to consider the sentencing factors on mitigation for youth created under the bill in determining whether to adjust the youthful offender’s sentence. Notice of the youthful offender’s eligibility for a sentence adjustment hearing, of the petition, and of the hearing must be sent to the district attorney and the crime victim. The youthful offender has the right to present evidence and cross-examine witnesses at the hearing and the crime victim has the right to be heard.

If the court finds that the interests of justice warrant a sentence adjustment, the court may reduce the term of confinement in prison for the youthful offender and may modify the conditions of extended supervision. If the youthful offender is serving an indeterminate sentence or a life sentence without parole or release to extended supervision, the court may convert the sentence to a bifurcated sentence and set a date on which the petitioner will be eligible for release to extended supervision. Under the bill, the sentencing court may reduce the overall sentence length, but may not impose a term of extended supervision that is less than three years. Under the bill, if the youthful offender is serving multiple sentences concurrently or consecutively, the concurrent or consecutive sentences are treated as a single sentence for the purposes of the sentence adjustment procedure.

If the court denies the petition under the bill, or adjusts the sentence to provide a date for release to extended supervision that is more than three years after the hearing, the court must provide in writing the reasons for the denial or the delayed release eligibility date. A youthful offender may petition again after three years. Under the bill, DOC is required to send a notice regarding the petition process to all youthful offenders who are eligible to petition for a sentence adjustment at the time the bill becomes law or who will become eligible within one year of that date. The bill also specifies that DOC must consider an individual’s status as a youthful offender and proximity to a sentence adjustment hearing date when determining the individual’s eligibility for available programming.

Under current law, an inmate who is serving a bifurcated sentence for a crime other than a Class B felony can petition to reduce the confinement portion of his or her bifurcated sentence after serving a certain proportion of the sentence. An inmate who is serving a life sentence can petition to be released to extended supervision or parole after serving at least 20 years of his or her sentence or after another date set by the sentencing court.

Under current law, when a court makes a sentencing decision, it must consider certain factors, including whether there were any aggravating factors present. Under this bill, when a court is sentencing a youthful offender, it must also consider mitigating factors related to the age and maturity of the youthful offender. Under the bill, these mitigating factors must also be considered when a court hears a petition for a sentence adjustment for a youthful offender, and must be considered by the Parole Commission when determining whether to parole a youthful offender.

Under current law, if a person is sentenced to a term of life imprisonment, the sentencing court must either set a date on which the person is eligible for release to parole or extended supervision, or determine that the person is not eligible for release to parole or extended supervision. Under this bill, when the court sentences a youthful offender to life imprisonment, it must set a date on which the person is eligible for release to parole or extended supervision.

Under current law, if a person is convicted of a serious felony on three separate occasions or a serious child sex offense on two separate occasions, the person is a repeat offender subject to a mandatory life sentence without the possibility of parole or extended supervision. However, in Miller v. Alabama, 567 U.S. 460 (2012), the U.S. Supreme Court held that imposing a mandatory life sentence without parole for a juvenile constitutes cruel and unusual punishment and therefore violates the eighth amendment of the U.S. Constitution. This bill clarifies that the statutory mandatory sentence of life imprisonment without the possibility of parole or extended supervision for repeat offenders does not apply to youthful offenders.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

AB845,,66302.113 (2) Except as provided in subs. (3) and (9), an inmate subject to this section is entitled to release to extended supervision after he or she has served the term of confinement in prison portion of the sentence imposed under s. 973.01, as modified by the sentencing court under sub. (9g) or s. 302.045 (3m) (b) 1., 302.05 (3) (c) 2. a., 973.018, 973.195 (1r), or 973.198, if applicable.

AB845,,88302.114 (1) An inmate is subject to this section if he or she is serving a life sentence imposed under s. 973.014 (1g) (a) 1. or 2. or (3) (c). An inmate serving a life sentence under s. 939.62 (2m) or 973.014 (1g) (a) 3. is not eligible for release to extended supervision under this section.

AB845,,1010302.114 (2) Except as provided in subs. (3) and (9), an inmate subject to this section may petition the sentencing court for release to extended supervision after he or she has served 20 years, if the inmate was sentenced under s. 973.014 (1g) (a) 1., or after he or she has reached the extended supervision eligibility date set by the court, if the inmate was sentenced under s. 973.014 (1g) (a) 2. or (3) (c).