Chapter 973

973.01   Bifurcated sentence of imprisonment and extended supervision.

973.013   Indeterminate sentence; Wisconsin state prisons.

973.0135   Sentence for certain serious felonies; parole eligibility determination.

973.014   Sentence of life imprisonment; parole eligibility determination; extended supervision eligibility determination.

973.015   Special disposition.

973.017   Bifurcated sentences; use of guidelines; consideration of aggravating and mitigating factors.

973.02   Place of imprisonment when none expressed.

973.03   Jail sentence.

973.032   Sentence to intensive sanctions program.

973.0335   Sentencing; restriction on possession of body armor.

973.035   Transfer to state-local shared correctional facilities.

973.04   Credit for imprisonment under earlier sentence for the same crime.

973.042   Child pornography surcharge.

973.043   Drug offender diversion surcharge.

973.045   Crime victim and witness assistance surcharge.

973.0455   Crime prevention funding board surcharge.

973.046   Deoxyribonucleic acid analysis surcharge.

973.047   Deoxyribonucleic acid analysis requirements.

973.048   Sex offender reporting requirements.

973.049   Sentencing; restrictions on contact.

973.05   Fines.

973.055   Domestic abuse surcharges.

973.057   Global positioning system tracking surcharge.

973.06   Costs, fees, and surcharges.

973.07   Failure to pay fine, fees, surcharges, or costs or to comply with certain community service work.

973.075   Forfeiture of property derived from crime and certain vehicles.

973.076   Forfeiture proceedings.

973.077   Burden of proof; liabilities.

973.08   Records accompanying prisoner.

973.09   Probation.

973.10   Control and supervision of probationers.

973.11   Placements with volunteers in probation program.

973.12   Sentence of a repeater or persistent repeater.

973.123   Sentence for certain violent offenses; use of a firearm.

973.125   Notice of lifetime supervision for serious sex offenders.

973.13   Excessive sentence, errors cured.

973.135   Courts to report convictions to the state superintendent of public instruction.

973.137   Courts to report convictions to the department of transportation.

973.14   Sentence to house of correction.

973.15   Sentence, terms, escapes.

973.155   Sentence credit.

973.16   Time out.

973.17   Judgment against a corporation or limited liability company.

973.176   Notice of restrictions.

973.18   Notice of rights to appeal and representation.

973.19   Motion to modify sentence.

973.195   Sentence adjustment.

973.198   Sentence adjustment; positive adjustment time.

973.20   Restitution.

973.25   Certificates of qualification for employment.

Ch. 973 Cross-reference Cross-reference: See definitions in s. 967.02.

973.01 973.01 Bifurcated sentence of imprisonment and extended supervision.

973.01(1) (1) Bifurcated sentence required. Except as provided in sub. (3), whenever a court sentences a person to imprisonment in the Wisconsin state prisons for a felony committed on or after December 31, 1999, or a misdemeanor committed on or after February 1, 2003, the court shall impose a bifurcated sentence under this section.

973.01(2) (2) Structure of bifurcated sentences. A bifurcated sentence is a sentence that consists of a term of confinement in prison followed by a term of extended supervision under s. 302.113. The total length of a bifurcated sentence equals the length of the term of confinement in prison plus the length of the term of extended supervision. An order imposing a bifurcated sentence under this section shall comply with all of the following:

973.01(2)(a) (a) Total length of bifurcated sentence. Except as provided in par. (c), the total length of the bifurcated sentence may not exceed the maximum period of imprisonment specified in s. 939.50 (3), if the crime is a classified felony, or the maximum term of imprisonment provided by statute for the crime, if the crime is not a classified felony, plus additional imprisonment authorized by any applicable penalty enhancement statutes.

973.01(2)(b) (b) Confinement portion of bifurcated sentence. The portion of the bifurcated sentence that imposes a term of confinement in prison may not be less than one year and, except as provided in par. (c), is subject to whichever of the following limits is applicable:

973.01(2)(b)1. 1. For a Class B felony, the term of confinement in prison may not exceed 40 years.

973.01(2)(b)3. 3. For a Class C felony, the term of confinement in prison may not exceed 25 years.

973.01(2)(b)4. 4. For a Class D felony, the term of confinement in prison may not exceed 15 years.

973.01(2)(b)5. 5. For a Class E felony, the term of confinement in prison may not exceed 10 years.

973.01(2)(b)6m. 6m. For a Class F felony, the term of confinement in prison may not exceed 7 years and 6 months.

973.01(2)(b)7. 7. For a Class G felony, the term of confinement in prison may not exceed 5 years.

973.01(2)(b)8. 8. For a Class H felony, the term of confinement in prison may not exceed 3 years.

973.01(2)(b)9. 9. For a Class I felony, the term of confinement in prison may not exceed one year and 6 months.

973.01(2)(b)10. 10. For any crime other than one of the following, the term of confinement in prison may not exceed 75 percent of the total length of the bifurcated sentence:

973.01(2)(b)10.a. a. A felony specified in subds. 1. to 9.

973.01(2)(b)10.b. b. An attempt to commit a classified felony if the attempt is punishable under s. 939.32 (1) (intro.).

973.01(2)(c) (c) Penalty enhancement.

973.01(2)(c)1. 1. Subject to the minimum period of extended supervision required under par. (d), the maximum term of confinement in prison specified in par. (b) may be increased by any applicable penalty enhancement statute. If the maximum term of confinement in prison specified in par. (b) is increased under this paragraph, the total length of the bifurcated sentence that may be imposed is increased by the same amount.

973.01(2)(c)2. 2. If more than one of the following penalty enhancement statutes apply to a crime, the court shall apply them in the order listed in calculating the maximum term of imprisonment for that crime:

973.01(2)(c)2.a. a. Sections 939.621, 939.623, 939.632, 939.635, 939.645, 946.42 (4), 961.442, 961.46, and 961.49.

973.01(2)(c)2.b. b. Section 939.63.

973.01(2)(c)2.c. c. Section 939.62 (1) or 961.48.

973.01(2)(d) (d) Minimum and maximum term of extended supervision. The term of extended supervision may not be less than 25 percent of the length of the term of confinement in prison imposed under par. (b) and, for a classified felony, is subject to whichever of the following limits is applicable:

973.01(2)(d)1. 1. For a Class B felony, the term of extended supervision may not exceed 20 years.

973.01(2)(d)2. 2. For a Class C felony, the term of extended supervision may not exceed 15 years.

973.01(2)(d)3. 3. For a Class D felony, the term of extended supervision may not exceed 10 years.

973.01(2)(d)4. 4. For a Class E, F, or G felony, the term of extended supervision may not exceed 5 years.

973.01(2)(d)5. 5. For a Class H felony, the term of extended supervision may not exceed 3 years.

973.01(2)(d)6. 6. For a Class I felony, the term of extended supervision may not exceed 2 years.

973.01(3) (3) Not applicable to life sentences. If a person is being sentenced for a felony that is punishable by life imprisonment, he or she is not subject to this section but shall be sentenced under s. 973.014 (1g).

973.01(3g) (3g) Earned release program eligibility. When imposing a bifurcated sentence under this section on a person convicted of a crime other than a crime specified in ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095, the court shall, as part of the exercise of its sentencing discretion, decide whether the person being sentenced is eligible or ineligible to participate in the earned release program under s. 302.05 (3) during the term of confinement in prison portion of the bifurcated sentence.

973.01(3m) (3m) Challenge incarceration program eligibility. When imposing a bifurcated sentence under this section on a person convicted of a crime other than a crime specified in ch. 940 or s. 941.29 (1g) (a); a crime specified in s. 941.29 (1g) (b), not including s. 951.02, 951.08, 951.09, or 951.095; or a crime under s. 948.02 (3), 948.055, 948.075, or 948.095, the court shall, as part of the exercise of its sentencing discretion, decide whether the person being sentenced is eligible or ineligible for the challenge incarceration program under s. 302.045 during the term of confinement in prison portion of the bifurcated sentence.

973.01(4) (4) No good time; extension or reduction of term of imprisonment. A person sentenced to a bifurcated sentence under sub. (1) shall serve the term of confinement in prison portion of the sentence without reduction for good behavior. The term of confinement in prison portion is subject to extension under s. 302.113 (3) and, if applicable, to reduction under s. 302.045 (3m), 302.05 (3) (c) 2. a., 302.113 (9g), 973.195 (1r), or 973.198.

973.01(5) (5) Extended supervision conditions. Whenever the court imposes a bifurcated sentence under sub. (1), the court may impose conditions upon the term of extended supervision.

973.01(6) (6) No parole. A person serving a bifurcated sentence imposed under sub. (1) is not eligible for release on parole under that sentence.

973.01(7) (7) No discharge. The department of corrections may not discharge a person who is serving a bifurcated sentence from custody, control and supervision until the person has served the entire bifurcated sentence.

973.01(8) (8) Explanation of sentence.