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.
AB68-ASA2-AA7,56,3
1973.15
(2m) (a) 1. “Determinate sentence" means a bifurcated sentence
2imposed under s. 973.01 or a life sentence under which a person is eligible for release
3to extended supervision under s. 973.014 (1g) (a) 1. or 2.
or (3) (c).
AB68-ASA2-AA7,56,55
977.05
(4) (i) 10. Cases involving youthful offenders under s. 973.018 (3).
AB68-ASA2-AA7,56,137
978.07
(1) (c) 1. Any case record of a felony punishable by life imprisonment
8or a related case, after the defendant's parole eligibility date under s. 304.06 (1) or
9973.014 (1)
or (3) (b) or date of eligibility for release to extended supervision under
10s. 973.014 (1g) (a) 1. or 2.
or (3) (c), whichever is applicable, or 50 years after the
11commencement of the action, whichever occurs later. If there is no parole eligibility
12date or no date for release to extended supervision, the district attorney may destroy
13the case record after the defendant's death.”.
AB68-ASA2-AA7,57,517[
2017 Wisconsin Act 185] Section 110 (1) (a) Upon the establishment of the Type
181 juvenile correctional facilities under subsection (7) and the secured residential care
19centers for children and youth under subsections (4) and (7m), the department of
20corrections shall begin to transfer each juvenile held in secure custody at the Lincoln
21Hills School and Copper Lake School to the appropriate Type 1 juvenile correctional
22facility or secured residential care center for children and youth. No juvenile may
23be transferred to a Type 1 juvenile correctional facility until the department of
24corrections determines the facility to be ready to accept juveniles, and no juvenile
1may be transferred to a secured residential care center for children and youth until
2the entity operating the facility determines it to be ready to accept juveniles. The
3transfers may occur in phases. The department shall transfer
all juveniles a juvenile 4under this subsection
no later than July 1, 2021
as soon as a substitute placement
5that meets the needs of the juvenile is ready.
AB68-ASA2-AA7,57,148[
2017 Wisconsin Act 185] Section 110 (2) (a) On the
earlier of the date on which
9all juveniles have been transferred to secured residential care centers for children
10and youth and Type 1 juvenile correctional facilities under subsection (1)
or July 1,
112021 (a) or transferred to a juvenile detention facility under 2019 Wisconsin Act 8,
12section 72 (1), the department of corrections shall permanently close the Type 1
13juvenile correctional facilities housed at the Lincoln Hills School and Copper Lake
14School in the town of Birch, Lincoln County.
AB68-ASA2-AA7,57,2217[
2017 Wisconsin Act 185] Section 110 (7)
Type 1 juvenile correctional
18facilities. The department of corrections shall establish or construct the Type 1
19juvenile correctional facilities under section 301.16 (1w) (a) of the statutes
no later
20than July 1, 2021, subject to the approval of the joint committee on finance. The
21department shall consider the recommendations of the juvenile corrections study
22committee under subsection (6) (c) 2. in establishing or constructing these facilities.
AB68-ASA2-AA7,58,9
1[
2017 Wisconsin Act 185] Section 112 (1) The treatment of sections 46.011 (1p)
2(by
Section 13), 46.057 (1) (by
Section 15), 48.023 (4) (by
Section 20), 49.11 (1c) (by
3Section 27), 49.45 (25) (bj) (by
Section 29), 301.01 (1n) (by
Section 35), 301.20,
4938.02 (4) (by
Section 50), 938.34 (2) (a) (by
Section 57) and (b) (by
Section 59) and
5(4m) (intro.) (by
Section 62), 938.48 (3) (by
Section 78), (4) (by
Section 80), (4m) (b)
6(by
Section 82), (5) (by
Section 84), (6) (by
Section 86), and (14) (by
Section 88),
7938.505 (1) (by
Section 96), 938.52 (2) (a) and (c) (by
Section 98), 938.53 (by
Section 8100), and 938.54 (by
Section 107) of the statutes takes effect on the date specified
9in the notice under
Section 110 (2) (b)
or July 1, 2021, whichever is earlier.
AB68-ASA2-AA7,58,1811[
2019 Wisconsin Act 8] Section 72 (1) (b)
Notwithstanding s. 938.34 (3) (f) 1.,
12a juvenile may be placed in a juvenile detention facility under par. (a) for a period
13longer than 365 days, and shall be transferred out of the juvenile detention facility
14using the procedure
and by the date required under
2017 Wisconsin Act 185, section
15110 (1). The department of corrections shall transfer all juveniles placed in a juvenile
16detention facility under par. (a) out of the juvenile detention facility
no later than
17July 1, 2021 as soon as a substitute placement that meets the needs of the juvenile
18is ready.