Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB845 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 845
5	5	December 22, 2023 - Introduced by Representatives NOVAK, ANDRACA, BALDEH,
6	6	BARE, BILLINGS, CLANCY, DRAKE, GOYKE, KITCHENS, MADISON, MAXEY, MOORE
7	7	OMOKUNDE, MURSAU, NEUBAUER, OHNSTAD, ORTIZ-VELEZ, SCHMIDT, SHELTON,
8	8	SNODGRASS, SPIROS, STUBBS, SUBECK, SINICKI, SCHRAA and JACOBSON,
9	9	cosponsored by Senators JAMES, L. JOHNSON, LARSON, PFAFF, ROYS, SPREITZER,
10	10	TAYLOR, WIRCH and AGARD. Referred to Committee on Judiciary.
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to amend 302.113 (2), 302.114 (1), 302.114 (2), 303.065 (1) (b) 1., 304.02
13	13	(5), 304.06 (1) (b), 304.071 (2), 939.62 (2m) (b) (intro.), 950.04 (1v) (g), 950.04 (1v)
14	14	(gm), 950.04 (1v) (m), 973.01 (3), 973.01 (4), 973.014 (1) (intro.), 973.014 (1g) (a)
15	15	(intro.), 973.15 (2m) (a) 1. and 978.07 (1) (c) 1.; and to create 302.114 (5) (cs),
16	16	304.06 (1) (a) 3., 304.06 (1) (bc), 973.014 (3), 973.017 (2c), 973.018 and 977.05
17	17	(4) (i) 10. of the statutes; relating to: sentencing for crimes committed by a
18	18	person who is under the age of 18.
19	19	Analysis by the Legislative Reference Bureau
20	20	This bill creates a sentence adjustment procedure for a “youthful offender,”
21	21	defined under the bill as an individual who committed the crime for which the
22	22	individual is being sentenced before he or she turned 18 years old. This bill also
23	23	prohibits a court from sentencing a youthful offender to life imprisonment without
24	24	the possibility of parole or release to extended supervision, and creates new
25	25	mitigating factors that a court must consider when sentencing a youthful offender.
26	26	Finally, this bill eliminates statutory mandatory life sentences without parole or
27	27	release to extended supervision for youthful offenders in order to align with federal
28	28	constitutional law.
29	29	Sentence adjustment procedure for youthful offenders
30	30	This bill creates a new procedure for an incarcerated youthful offender to
31	31	petition the sentencing court for a sentence adjustment after serving 15 years of his
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41	41	or her sentence in prison, or, if the person is serving a sentence for a crime that is a
42	42	felony that caused the death of a person or is a felony sexual assault of a child, after
43	43	serving 20 years in prison. Under the bill, one year before the youthful offender is
44	44	eligible to petition for the sentence adjustment, the Department of Corrections is
45	45	required to notify the youthful offender of his or her eligibility. If the youthful
46	46	offender files a petition, the court is required to hold a hearing on the petition and
47	47	is required to consider the sentencing factors on mitigation for youth created under
48	48	the bill in determining whether to adjust the youthful offender's sentence. Notice of
49	49	the youthful offender's eligibility for a sentence adjustment hearing, of the petition,
50	50	and of the hearing must be sent to the district attorney and the crime victim. The
51	51	youthful offender has the right to present evidence and cross-examine witnesses at
52	52	the hearing and the crime victim has the right to be heard.
53	53	If the court finds that the interests of justice warrant a sentence adjustment,
54	54	the court may reduce the term of confinement in prison for the youthful offender and
55	55	may modify the conditions of extended supervision. If the youthful offender is
56	56	serving an indeterminate sentence or a life sentence without parole or release to
57	57	extended supervision, the court may convert the sentence to a bifurcated sentence
58	58	and set a date on which the petitioner will be eligible for release to extended
59	59	supervision. Under the bill, the sentencing court may reduce the overall sentence
60	60	length, but may not impose a term of extended supervision that is less than three
61	61	years. Under the bill, if the youthful offender is serving multiple sentences
62	62	concurrently or consecutively, the concurrent or consecutive sentences are treated as
63	63	a single sentence for the purposes of the sentence adjustment procedure.
64	64	If the court denies the petition under the bill, or adjusts the sentence to provide
65	65	a date for release to extended supervision that is more than three years after the
66	66	hearing, the court must provide in writing the reasons for the denial or the delayed
67	67	release eligibility date. A youthful offender may petition again after three years.
68	68	Under the bill, DOC is required to send a notice regarding the petition process to all
69	69	youthful offenders who are eligible to petition for a sentence adjustment at the time
70	70	the bill becomes law or who will become eligible within one year of that date. The
71	71	bill also specifies that DOC must consider an individual's status as a youthful
72	72	offender and proximity to a sentence adjustment hearing date when determining the
73	73	individual's eligibility for available programming.
74	74	Under current law, an inmate who is serving a bifurcated sentence for a crime
75	75	other than a Class B felony can petition to reduce the confinement portion of his or
76	76	her bifurcated sentence after serving a certain proportion of the sentence. An inmate
77	77	who is serving a life sentence can petition to be released to extended supervision or
78	78	parole after serving at least 20 years of his or her sentence or after another date set
79	79	by the sentencing court.
80	80	Sentencing; mitigating factors
81	81	Under current law, when a court makes a sentencing decision, it must consider
82	82	certain factors, including whether there were any aggravating factors present.
83	83	Under this bill, when a court is sentencing a youthful offender, it must also consider
84	84	mitigating factors related to the age and maturity of the youthful offender. Under
85	85	the bill, these mitigating factors must also be considered when a court hears a - 3 -2023 - 2024 Legislature
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88	88	ASSEMBLY BILL 845
89	89	petition for a sentence adjustment for a youthful offender, and must be considered
90	90	by the Parole Commission when determining whether to parole a youthful offender.
91	91	Eliminating life sentences without parole or extended supervision for
92	92	youthful offenders
93	93	Under current law, if a person is sentenced to a term of life imprisonment, the
94	94	sentencing court must either set a date on which the person is eligible for release to
95	95	parole or extended supervision, or determine that the person is not eligible for
96	96	release to parole or extended supervision. Under this bill, when the court sentences
97	97	a youthful offender to life imprisonment, it must set a date on which the person is
98	98	eligible for release to parole or extended supervision.
99	99	Under current law, if a person is convicted of a serious felony on three separate
100	100	occasions or a serious child sex offense on two separate occasions, the person is a
101	101	repeat offender subject to a mandatory life sentence without the possibility of parole
102	102	or extended supervision. However, in Miller v. Alabama, 567 U.S. 460 (2012), the
103	103	U.S. Supreme Court held that imposing a mandatory life sentence without parole for
104	104	a juvenile constitutes cruel and unusual punishment and therefore violates the
105	105	eighth amendment of the U.S. Constitution. This bill clarifies that the statutory
106	106	mandatory sentence of life imprisonment without the possibility of parole or
107	107	extended supervision for repeat offenders does not apply to youthful offenders.
108	108	For further information see the state and local fiscal estimate, which will be
109	109	printed as an appendix to this bill.
110	110	The people of the state of Wisconsin, represented in senate and assembly, do
111	111	enact as follows:
112	112	SECTION 1. 302.113 (2) of the statutes is amended to read:
113	113	302.113 (2) Except as provided in subs. (3) and (9), an inmate subject to this
114	114	section is entitled to release to extended supervision after he or she has served the
115	115	term of confinement in prison portion of the sentence imposed under s. 973.01, as
116	116	modified by the sentencing court under sub. (9g) or s. 302.045 (3m) (b) 1., 302.05 (3)
117	117	(c) 2. a., 973.018, 973.195 (1r), or 973.198, if applicable.
118	118	SECTION 2. 302.114 (1) of the statutes is amended to read:
119	119	302.114 (1) An inmate is subject to this section if he or she is serving a life
120	120	sentence imposed under s. 973.014 (1g) (a) 1. or 2. or (3) (c). An inmate serving a life
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131	131	SECTION 2 ASSEMBLY BILL 845
132	132	sentence under s. 939.62 (2m) or 973.014 (1g) (a) 3. is not eligible for release to
133	133	extended supervision under this section.
134	134	SECTION 3. 302.114 (2) of the statutes is amended to read:
135	135	302.114 (2) Except as provided in subs. (3) and (9), an inmate subject to this
136	136	section may petition the sentencing court for release to extended supervision after
137	137	he or she has served 20 years, if the inmate was sentenced under s. 973.014 (1g) (a)
138	138	1., or after he or she has reached the extended supervision eligibility date set by the
139	139	court, if the inmate was sentenced under s. 973.014 (1g) (a) 2. or (3) (c).
140	140	SECTION 4. 302.114 (5) (cs) of the statutes is created to read:
141	141	302.114 (5) (cs) If the inmate is a youthful offender, as defined in s. 973.014 (3)
142	142	(a), the court shall consider the mitigating factors under s. 973.017 (2c) (a) to (o) and
143	143	any relevant information described in s. 973.018 (5) (b) when determining eligibility
144	144	for release to extended supervision under this subsection.
145	145	SECTION 5. 303.065 (1) (b) 1. of the statutes is amended to read:
146	146	303.065 (1) (b) 1. A person serving a life sentence, other than a life sentence
147	147	specified in subd. 2., may be considered for work release only after he or she has
148	148	reached parole eligibility under s. 304.06 (1) (b) or 973.014 (1) (a) or (b) or (3) (b),
149	149	whichever is applicable, or he or she has reached his or her extended supervision
150	150	eligibility date under s. 302.114 (9) (am) or 973.014 (1g) (a) 1. or 2. or (3) (c), whichever
151	151	is applicable.
152	152	SECTION 6. 304.02 (5) of the statutes is amended to read:
153	153	304.02 (5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life
154	154	sentence under s. 939.62 (2m) (c) or 973.014 (1) (c) or, (1g), or (3) (c) is not eligible for
155	155	release to parole supervision under this section.
156	156	SECTION 7. 304.06 (1) (a) 3. of the statutes is created to read:
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184	184	SECTION 7
185	185	ASSEMBLY BILL 845
186	186	304.06 (1) (a) 3. “Youthful offender” has the meaning given in s. 973.014 (3) (a).
187	187	SECTION 8. 304.06 (1) (b) of the statutes is amended to read:
188	188	304.06 (1) (b) Except as provided in s. 961.49 (2), 1999 stats., sub. (1m) or s.
189	189	302.045 (3), 302.05 (3) (b), 973.01 (6), or 973.0135, or 973.018, the parole commission
190	190	may parole an inmate of the Wisconsin state prisons or any felon or any person
191	191	serving at least one year or more in a county house of correction or a county
192	192	reforestation camp organized under s. 303.07, when he or she has served 25 percent
193	193	of the sentence imposed for the offense, or 6 months, whichever is greater. Except
194	194	as provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g) or, (2), or (3) (b) or (c),
195	195	the parole commission may parole an inmate serving a life term when he or she has
196	196	served 20 years, as modified by the formula under s. 302.11 (1) and subject to
197	197	extension under s. 302.11 (1q) and (2), if applicable. The person serving the life term
198	198	shall be given credit for time served prior to sentencing under s. 973.155, including
199	199	good time under s. 973.155 (4). The secretary may grant special action parole
200	200	releases under s. 304.02. The department or the parole commission shall not provide
201	201	any convicted offender or other person sentenced to the department's custody any
202	202	parole eligibility or evaluation until the person has been confined at least 60 days
203	203	following sentencing.
204	204	SECTION 9. 304.06 (1) (bc) of the statutes is created to read:
205	205	304.06 (1) (bc) 1. If the inmate who applies for parole under this subsection is
206	206	a youthful offender, the parole commission shall consider the mitigating factors
207	207	under s. 973.017 (2c) (a) to (o) and any relevant information described in s. 973.018
208	208	(5) (b) when determining whether to release the inmate to parole.
209	209	2. A youthful offender has the right to attend and may be represented by
210	210	counsel at any interviews or hearings concerning his or her application for parole.
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237	237	SECTION 9 ASSEMBLY BILL 845
238	238	3. If the parole commission denies a youthful offender's application for parole,
239	239	the parole commission shall provide in writing the reasons for the denial, and shall
240	240	set a date for reconsideration that is no more than 3 years after the date of the
241	241	hearing.
242	242	SECTION 10. 304.071 (2) of the statutes is amended to read:
243	243	304.071 (2) If a prisoner is not eligible for parole under s. 961.49 (2), 1999 stats.,
244	244	or s. 939.62 (2m) (c), 973.01 (6), 973.014 (1) (c) or, (1g), or (3) (c), 973.018, or 973.032
245	245	(5), he or she is not eligible for parole under this section.
246	246	SECTION 11. 939.62 (2m) (b) (intro.) of the statutes is amended to read:
247	247	939.62 (2m) (b) (intro.) The actor is a persistent repeater if the offense for which
248	248	he or she is presently being sentenced was committed on or after the date he or she
249	249	attained the age of 18 and one of the following applies:
250	250	SECTION 12. 950.04 (1v) (g) of the statutes is amended to read:
251	251	950.04 (1v) (g) To have reasonable attempts made to notify the victim of
252	252	hearings or court proceedings, as provided under ss. 302.113 (9g) (g) 2., 302.114 (6),
253	253	938.27 (4m) and (6), 938.273 (2), 971.095 (3) and, 972.14 (3) (b), and 973.018 (5).
254	254	SECTION 13. 950.04 (1v) (gm) of the statutes is amended to read:
255	255	950.04 (1v) (gm) To have reasonable attempts made to notify the victim of
256	256	petitions for sentence adjustment as provided under s. 973.018 (4) (a) and (e), 973.09
257	257	(3m), 973.195 (1r) (d), or 973.198.
258	258	SECTION 14. 950.04 (1v) (m) of the statutes is amended to read:
259	259	950.04 (1v) (m) To provide statements concerning sentencing, disposition, or
260	260	parole, as provided under ss. 304.06 (1) (e), 938.32 (1) (b) 1g., 938.335 (3m) (ag), and
261	261	972.14 (3) (a), and 973.018 (5) (d).
262	262	SECTION 15. 973.01 (3) of the statutes is amended to read:
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290	290	SECTION 15
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292	292	973.01 (3) NOT APPLICABLE TO LIFE SENTENCES. If a person is being sentenced for
293	293	a felony that is punishable by life imprisonment, he or she is not subject to this
294	294	section but shall be sentenced under s. 973.014 (1g) or (3).
295	295	SECTION 16. 973.01 (4) of the statutes is amended to read:
296	296	973.01 (4) NO GOOD TIME; EXTENSION OR REDUCTION OF TERM OF IMPRISONMENT. A
297	297	person sentenced to a bifurcated sentence under sub. (1) shall serve the term of
298	298	confinement in prison portion of the sentence without reduction for good behavior.
299	299	The term of confinement in prison portion is subject to extension under s. 302.113 (3)
300	300	and, if applicable, to reduction under s. 302.045 (3m), 302.05 (3) (c) 2. a., 302.113 (9g),
301	301	973.018, 973.195 (1r), or 973.198.
302	302	SECTION 17. 973.014 (1) (intro.) of the statutes is amended to read:
303	303	973.014 (1) (intro.) Except as provided in sub. subs. (2) and (3), when a court
304	304	sentences a person to life imprisonment for a crime committed on or after July 1,
305	305	1988, but before December 31, 1999, the court shall make a parole eligibility
306	306	determination regarding the person and choose one of the following options:
307	307	SECTION 18. 973.014 (1g) (a) (intro.) of the statutes is amended to read:
308	308	973.014 (1g) (a) (intro.) Except as provided in sub. subs. (2) and (3), when a
309	309	court sentences a person to life imprisonment for a crime committed on or after
310	310	December 31, 1999, the court shall make an extended supervision eligibility date
311	311	determination regarding the person and choose one of the following options:
312	312	SECTION 19. 973.014 (3) of the statutes is created to read:
313	313	973.014 (3) (a) In this subsection, “youthful offender,” when used to refer to a
314	314	person who is sentenced for an offense, means a person who committed the offense
315	315	before he or she attained the age of 18 years.
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341	341	SECTION 19 ASSEMBLY BILL 845
342	342	(b) When a court sentences a youthful offender to life imprisonment for a crime
343	343	committed before December 31, 1999, the court shall set a date on which the youthful
344	344	offender is eligible for parole.
345	345	(c) When a court sentences a youthful offender to life imprisonment for a crime
346	346	committed on or after December 31, 1999, the court shall set a date on which the
347	347	youthful offender is eligible for release to extended supervision.
348	348	(d) When sentencing a youthful offender to life imprisonment under par. (b) or
349	349	(c), the court shall inform the youthful offender of the procedure for petitioning for
350	350	a sentence adjustment under s. 973.018.
351	351	(e) When sentencing a youthful offender to life imprisonment under par. (b) or
352	352	(c), the court shall consider, in addition to all other relevant factors, the factors for
353	353	mitigation for youth under s. 973.017 (2c).
354	354	SECTION 20. 973.017 (2c) of the statutes is created to read:
355	355	973.017 (2c) MITIGATION FOR YOUTH. When making a sentencing decision for a
356	356	person who had not attained the age of 18 years at the time the crime was committed,
357	357	the court shall consider all of the following mitigating factors with regard to the
358	358	defendant:
359	359	(a) Age at the time of the offense.
360	360	(b) Impetuosity.
361	361	(c) Family and community environment.
362	362	(d) Ability to appreciate the risks and consequences of the conduct.
363	363	(e) Intellectual capacity.
364	364	(f) The findings of any comprehensive mental health evaluation that is
365	365	available to the court.
366	366	(g) Peer or familial pressure.
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394	394	SECTION 20
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396	396	(h) Level of participation in the offense.
397	397	(i) Ability to participate meaningfully in his or her defense.
398	398	(j) Capacity for rehabilitation.
399	399	(k) School records and special education evaluations.
400	400	(L) History of trauma.
401	401	(m) Faith and community involvement.
402	402	(n) Involvement in the child welfare system.
403	403	(o) Any other mitigating factor or circumstance that the court determines is
404	404	relevant.
405	405	SECTION 21. 973.018 of the statutes is created to read:
406	406	973.018 Sentence adjustment for youthful offenders. (1) DEFINITION. In
407	407	this section, “youthful offender” has the meaning given in s. 973.014 (3) (a).
408	408	(2) SENTENCE ADJUSTMENT; FACTORS. A court may reduce a term of
409	409	imprisonment, including life imprisonment, for a youthful offender who is eligible
410	410	under sub. (3) if the court finds that the interests of justice warrant a reduction. In
411	411	making its determination, the court shall consider the factors for mitigation for
412	412	youth under s. 973.017 (2c) and the youthful offender's subsequent growth, behavior,
413	413	and rehabilitation while incarcerated.
414	414	(3) ELIGIBILITY. (a) A youthful offender is eligible for a sentence adjustment
415	415	under this section if one of the following applies:
416	416	1. The youthful offender is serving a sentence for a crime other than a crime
417	417	described in subd. 2. and has been incarcerated for no less than 15 years.
418	418	2. The youthful offender is serving a sentence for a felony that caused the death
419	419	of a person or a felony sexual assault of a child and has been incarcerated for no less
420	420	than 20 years.
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447	447	SECTION 21 ASSEMBLY BILL 845
448	448	(b) A youthful offender who has been incarcerated for the requisite amount of
449	449	time under par. (a) 1. or 2. is eligible for sentence adjustment under this section,
450	450	regardless of whether the youthful offender is serving a single sentence or concurrent
451	451	or consecutive sentences. Concurrent and consecutive sentences shall be treated as
452	452	a single sentence for the purposes of this section.
453	453	(4) PETITION FOR SENTENCE ADJUSTMENT. (a) One year before a youthful offender
454	454	becomes eligible for a sentence adjustment under this section, the department shall
455	455	provide written notice of the eligibility to the youthful offender, the sentencing court,
456	456	the district attorney for the county in which the youthful offender was sentenced, the
457	457	state public defender, and, in accordance with s. 950.04 (1v) (gm), any victims. Notice
458	458	under this paragraph shall include notice of the youthful offender's right to counsel
459	459	and notice that if the youthful offender believes that he or she cannot afford an
460	460	attorney, the youthful offender may ask the state public defender to represent him
461	461	or her.
462	462	(b) A youthful offender has a right to counsel in the sentence adjustment
463	463	proceedings under this section. The right to counsel begins at the service of notice
464	464	under par. (a).
465	465	(c) After service of notice under par. (a) and upon request by the youthful
466	466	offender or the youthful offender's attorney, the court shall make documents from the
467	467	sentencing hearing available to the youthful offender or his or her attorney, including
468	468	the presentence investigation report in accordance with s. 972.15 (4m) and the
469	469	transcript from the sentencing hearing.
470	470	(d) A youthful offender may file a petition for a sentence adjustment under this
471	471	section. The youthful offender shall file the petition and any affidavits and other
472	472	written support for the petition in the sentencing court no more than 90 days before
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500	500	SECTION 21
501	501	ASSEMBLY BILL 845
502	502	the youthful offender's eligibility date. A copy of the petition shall be served on the
503	503	district attorney in the county in which the youthful offender was sentenced.
504	504	(e) Upon receipt of a petition under par. (d), the district attorney shall notify
505	505	any victims of the crime in accordance with s. 950.04 (1v) (gm).
506	506	(5) HEARING. (a) The court shall hold a hearing within 120 days of a petition
507	507	filed under sub. (4) (d), unless all parties agree to an extension for the hearing date.
508	508	(b) The court shall consider relevant information, including expert testimony
509	509	and other information about the youthful offender's participation in any available
510	510	educational, vocational, volunteer, community service, or other programs, the
511	511	youthful offender's work reports and psychological evaluations, evidence of the
512	512	youthful offender's remorse, and the youthful offender's major violations of
513	513	institutional rules, if any.
514	514	(c) The youthful offender has the right to attend the hearing, the right to be
515	515	represented by counsel, and the right to testify, present evidence, and cross-examine
516	516	witnesses.
517	517	(d) The victim shall be provided notice of the hearing as required under s.
518	518	950.04 (1v) (g) and given the opportunity to provide a statement concerning
519	519	sentencing in accordance with s. 950.04 (1v) (m).
520	520	(e) A hearing under this subsection shall be recorded.
521	521	(f) The decision of the court on a petition under sub. (4) is a final adjudication
522	522	subject to appeal under s. 809.30.
523	523	(6) ORDER. (a) If the court finds that the interests of justice warrant a sentence
524	524	adjustment, the court may amend the judgment of conviction and adjust the sentence
525	525	as follows:
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551	551	SECTION 21 ASSEMBLY BILL 845
552	552	1. If the youthful offender is serving a sentence for a crime committed before
553	553	December 31, 1999, the court may convert an indeterminate sentence to a bifurcated
554	554	sentence under s. 973.01. If the court converts the indeterminate sentence to a
555	555	bifurcated sentence, the court shall set a date for release to extended supervision
556	556	under s. 302.113 that is no later than the original parole eligibility date. The court
557	557	may also modify the conditions of parole or extended supervision.
558	558	2. If the youthful offender is serving a bifurcated sentence for a crime
559	559	committed on or after December 31, 1999, the court may reduce the term of
560	560	confinement in prison and modify the conditions of extended supervision. The court
561	561	may also reduce the total length of the bifurcated sentence. Notwithstanding s.
562	562	973.01 (2) (d), the court shall provide for at least 3 years of extended supervision
563	563	under s. 302.113.
564	564	4. If the youthful offender is serving a life sentence, including a life sentence
565	565	without the possibility of parole or release to extended supervision, the court may
566	566	convert the sentence to a bifurcated sentence under s. 973.01 or a life sentence under
567	567	s. 973.014 (3) (c) and set a date for release to extended supervision under s. 302.113
568	568	or a date of eligibility for release under s. 302.114 and establish conditions for
569	569	extended supervision accordingly.
570	570	(b) If the court denies the petition for sentence adjustment or sets a date for
571	571	release to extended supervision that is more than 3 years after the date of the hearing
572	572	under this subsection, the court shall provide in writing the reasons for the denial
573	573	or delayed eligibility for release.
574	574	(7) SUBSEQUENT PETITIONS. A youthful offender is eligible to file a subsequent
575	575	petition under sub. (4) no earlier than 3 years after a hearing is held under sub. (5),
576	576	unless the court sets an earlier date.
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604	604	SECTION 21
605	605	ASSEMBLY BILL 845
606	606	(8) ACCESS TO PROGRAMMING. The department shall consider an individual's
607	607	status as a youthful offender and the proximity to the date of the individual's
608	608	eligibility for sentence adjustment under this section when determining the
609	609	individual's eligibility for available programming.
610	610	(9) SENTENCE ADJUSTMENT ON OTHER GROUNDS. Nothing in this section limits the
611	611	youthful offender's right to resentencing, sentence adjustment, or sentence
612	612	modification on other grounds, including under s. 302.113 (9g) or 302.114.
613	613	SECTION 22. 973.15 (2m) (a) 1. of the statutes is amended to read:
614	614	973.15 (2m) (a) 1. “Determinate sentence" means a bifurcated sentence
615	615	imposed under s. 973.01 or a life sentence under which a person is eligible for release
616	616	to extended supervision under s. 973.014 (1g) (a) 1. or 2. or (3) (c).
617	617	SECTION 23. 977.05 (4) (i) 10. of the statutes is created to read:
618	618	977.05 (4) (i) 10. Cases involving youthful offenders under s. 973.018.
619	619	SECTION 24. 978.07 (1) (c) 1. of the statutes is amended to read:
620	620	978.07 (1) (c) 1. Any case record of a felony punishable by life imprisonment
621	621	or a related case, after the defendant's parole eligibility date under s. 304.06 (1) or
622	622	973.014 (1) or (3) (b) or date of eligibility for release to extended supervision under
623	623	s. 973.014 (1g) (a) 1. or 2. or (3) (c), whichever is applicable, or 50 years after the
624	624	commencement of the action, whichever occurs later. If there is no parole eligibility
625	625	date or no date for release to extended supervision, the district attorney may destroy
626	626	the case record after the defendant's death.
627	627	SECTION 25.0Nonstatutory provisions.
628	628	(1) No later than the first day of the 6th month beginning after the effective date
629	629	of this subsection, the department of corrections shall provide written notice under
630	630	s. 973.018 (4) (a) to all of the following:
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657	657	SECTION 25 ASSEMBLY BILL 845
658	658	(a) All youthful offenders who are incarcerated for a crime other than a crime
659	659	described in par. (b) and who have served at least 14 years in prison on the date the
660	660	notice is provided.
661	661	(b) All youthful offenders who are incarcerated for a felony that caused the
662	662	death of a person or a felony sexual assault of a child and who have served at least
663	663	19 years in prison on the date the notice is provided.
664	664	SECTION 26.0Initial applicability.
665	665	(1) SENTENCE ADJUSTMENT FOR YOUTHFUL OFFENDER. The creation of s. 973.018
666	666	first applies to a youthful offender, as defined in s. 973.014 (3) (a), who is incarcerated
667	667	on the effective date of this subsection.
668	668	(END)
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