AB68-ASA2-AA7,52,4
13. That unless the state proves beyond a reasonable doubt that the youthful
2offender is permanently incorrigible and is therefore unable to be rehabilitated,
3youthful offenders must have a meaningful opportunity to obtain release from prison
4based on maturity and rehabilitation.
AB68-ASA2-AA7,417hp 5Section 417hp. 973.017 (2c) of the statutes is created to read:
AB68-ASA2-AA7,52,86 973.017 (2c) Mitigation for youth. When making a sentencing decision for a
7person who had not attained the age of 18 years at the time the crime was committed,
8the court shall consider all of the following mitigating factors:
AB68-ASA2-AA7,52,119 (a) That, because children are less criminally culpable and more amenable to
10reform, youthful offenders are constitutionally different from adults for the purposes
11of sentencing.
AB68-ASA2-AA7,52,1312 (b) That the sentencing goals of deterrence, retribution, and incapacitation are
13secondary to the goal of rehabilitation when sentencing youthful offenders.
AB68-ASA2-AA7,52,1714 (c) That unless the state proves beyond a reasonable doubt that the youthful
15offender is permanently incorrigible and is therefore unable to be rehabilitated,
16youthful offenders must have a meaningful opportunity to obtain release from prison
17based on maturity and rehabilitation.
AB68-ASA2-AA7,417hq 18Section 417hq. 973.018 of the statutes is created to read:
AB68-ASA2-AA7,52,20 19973.018 Sentence adjustment for youthful offenders. (1) Definition. In
20this section, “youthful offender” has the meaning given in s. 973.014 (3) (a).
AB68-ASA2-AA7,52,25 21(2) Sentence adjustment; factors. A court may reduce a term of
22imprisonment, including life imprisonment under s. 973.014 (3), for a youthful
23offender who has served 15 years of his or her term of imprisonment if the court finds
24that the interests of justice warrant a reduction. In making its determination, the
25court shall consider all of the following:
AB68-ASA2-AA7,53,1
1(a) The sentencing factors set forth in ss. 973.014 (3) (e) and 973.017 (2c).
AB68-ASA2-AA7,53,32 (b) The youthful offender's subsequent growth, behavior, and rehabilitation
3while incarcerated.
AB68-ASA2-AA7,53,11 4(3) Petition for sentence adjustment. (a) One year before the youthful
5offender becomes eligible for a sentence adjustment under this section, the
6department shall provide written notice of the eligibility to the qualifying youthful
7offender, the sentencing court, the district attorney for the county in which the
8youthful offender was sentenced, and the state public defender. Notice under this
9paragraph shall include notice of the youthful offender's right to counsel and notice
10that if the youthful offender believes that he or she cannot afford an attorney, the
11youthful offender may ask the state public defender to represent him or her.
AB68-ASA2-AA7,53,1412 (b) A youthful offender has a right to counsel in the sentence adjustment
13proceedings under this section. The right to counsel begins at the service of notice
14under par. (a).
AB68-ASA2-AA7,53,1915 (c) After service of notice under par. (a) and upon request by the youthful
16offender or the youthful offender's attorney, the court shall make documents from the
17sentencing hearing available to the youthful offender or his or her attorney, including
18the presentence investigation report in accordance with s. 972.15 (4m) and the
19transcript from the sentencing hearing.
AB68-ASA2-AA7,53,2420 (d) A qualifying youthful offender may file a petition for a sentence adjustment
21under this section. The petitioner shall file the petition and any affidavits and other
22written support for the petition in the sentencing court no more than 90 days before
23the youthful offender's eligibility date. A copy of the petition shall be served on the
24district attorney in the county in which the youthful offender was sentenced.
AB68-ASA2-AA7,54,2
1(e) Upon receipt of a petition under par. (d), the district attorney shall notify
2any victims of the crime in accordance with s. 950.04 (1v) (gm).
AB68-ASA2-AA7,54,4 3(4) Hearing. (a) The court shall hold a hearing within 120 days of a petition
4filed under sub. (3) (d), unless all parties agree to an extension for the hearing date.
AB68-ASA2-AA7,54,95 (b) The court shall consider relevant information, including expert testimony
6and other information about the youthful offender's participation in any available
7educational, vocational, volunteer, community service, or other programs, the
8youthful offender's work reports and psychological evaluations, and the youthful
9offender's major violations of institutional rules, if any.
AB68-ASA2-AA7,54,1210 (c) The youthful offender has the right to attend the hearing, the right to be
11represented by counsel, and the right to testify, present evidence, and cross-examine
12witnesses.
AB68-ASA2-AA7,54,1413 (d) The victim shall be given the opportunity to provide a statement concerning
14sentencing in accordance with s. 950.04 (1v) (m).
AB68-ASA2-AA7,54,1515 (e) A hearing under this subsection shall be recorded.
AB68-ASA2-AA7,54,1716 (f) The decision of the court on a petition under sub. (3) is a final adjudication
17subject to appeal under s. 809.30.
AB68-ASA2-AA7,54,20 18(5) Order. If the court finds that the interests of justice warrant a sentence
19adjustment, the court may amend the judgment of conviction according to one of the
20following:
AB68-ASA2-AA7,54,2421 (a) If the youthful offender is serving a sentence for a crime committed before
22December 31, 1999, reduce the parole eligibility date and modify the conditions of
23parole. The court may also reduce the sentence, but shall provide for at least 3 years
24of parole supervision after release from prison.
AB68-ASA2-AA7,55,6
1(b) Upon request by the youthful offender, for a crime committed before
2December 31, 1999, convert an indeterminate sentence to a bifurcated sentence
3under s. 973.01 or 973.014 (1g). If the court converts the indeterminate sentence to
4a bifurcated sentence, the court shall set a date for release to extended supervision
5under s. 302.113 that is no later than the original parole eligibility date. The court
6may also modify the conditions of parole or extended supervision.
AB68-ASA2-AA7,55,117 (c) For a crime committed on or after December 31, 1999, reduce the term of
8confinement in prison and modify the conditions of extended supervision. The court
9may also reduce the total length of the bifurcated sentence. Notwithstanding s.
10973.01 (2) (d), the court shall provide for at least 3 years of extended supervision
11under s. 302.113.
AB68-ASA2-AA7,55,1612 (d) For a life sentence without the possibility of parole or release to extended
13supervision under s. 973.014 (1) (c) or (1g) (a) 3., convert the sentence to a life
14sentence with the possibility of parole or release to extended supervision and set a
15date for parole eligibility or release to extended supervision and conditions for parole
16or extended supervision accordingly.
AB68-ASA2-AA7,55,20 17(6) Subsequent petitions. A youthful offender is eligible to file a subsequent
18petition under sub. (3) no earlier than 5 years after a hearing is held under sub. (4),
19unless the court sets an earlier date. A youthful offender may file no more than 5
20petitions under sub. (3) during his or her sentence.
AB68-ASA2-AA7,55,23 21(7) Sentence modification on other grounds. Nothing in this section limits
22the youthful offender's right to resentencing, sentence adjustment, or sentence
23modification on other grounds, including under s. 302.113 (9g) or 302.114.