Wisconsin Assembly Bill AB845

Wisconsin 2023-2024 Regular Session

• Introduced: 12/22/23
• Refer: 12/22/23
• Failed: 4/15/24

Caption

Sentencing for crimes committed by a person who is under the age of 18.

Impact

The bill eliminates the possibility of a life sentence without the chance of parole for youthful offenders, aligning state laws with recent U.S. Supreme Court rulings that declare such sentences unconstitutional when applied to juveniles. Current practices that impose harsh mandatory sentences on youthful offenders will be modified, thereby potentially leading to a significant change in how juvenile crimes are adjudicated. The Department of Corrections will also take on new responsibilities, including notifying youthful offenders of their eligibility for sentence adjustments and offering programming considerations based on their status.

Summary

Assembly Bill 845 seeks to reform the sentencing laws for individuals who commit crimes while under 18 years of age, designating them as 'youthful offenders'. The bill introduces a new procedure allowing these offenders to petition for sentence adjustments after serving a specified period of their incarceration. Specifically, a youthful offender can request a sentence adjustment after 15 years of incarceration for most crimes, and after 20 years for serious felonies like homicide or sexual assault against a child. This provision aims to recognize the potential for rehabilitation and personal growth of individuals sentenced during their youth.

Contention

While the bill is aimed at reducing the harshness of penalties for youthful offenders and providing them an opportunity for rehabilitation, there are notable points of contention. Critics may argue that allowing for sentence adjustments could undermine the severity of crimes committed and send the wrong message regarding accountability. Supporters, however, emphasize the transformative potential of rehabilitation programs for young incarcerated individuals, advocating for a more humane approach to juvenile justice. The balance between public safety and rehabilitation will likely be a significant point of debate during the legislative process.