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AB895: Bill Text
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2025 - 2026 LEGISLATURE
LRB-5964/1
MJW:ajk
2025 ASSEMBLY BILL 895
January 23, 2026 - Introduced by Representatives
Novak
,
Armstrong
,
Billings
,
Clancy
,
Krug
,
Madison
,
Mayadev
,
Moore Omokunde
,
Mursau
,
Neubauer
,
O'Connor
,
Phelps
,
Steffen
,
Stroud
,
Stubbs
,
Knodl
and
Dittrich
, cosponsored by Senators
James
,
Dassler-Alfheim
,
Habush Sinykin
,
Keyeski
,
Pfaff
,
Spreitzer
and
Wall
. Referred to Committee on Judiciary.
AB895,1,7
1
An Act
to amend
302.113 (2), 302.114 (1), 302.114 (2), 303.065 (1) (b) 1., 304.02
2
(5), 304.06 (1) (b), 304.071 (2), 939.62 (2m) (b) (intro.), 950.04 (1v) (g), 950.04
3
(1v) (gm), 950.04 (1v) (m), 973.01 (3), 973.01 (4), 973.014 (1) (intro.), 973.014
4
(1g) (a) (intro.), 973.15 (2m) (a) 1. and 978.07 (1) (c) 1.;
to create
302.114 (5)
5
(cs), 304.06 (1) (a) 3., 304.06 (1) (bc), 973.014 (3), 973.017 (2c), 973.018 and
6
977.05 (4) (i) 10. of the statutes;
relating to:
sentencing for crimes committed
7
by a person who is under the age of 18.
Analysis by the Legislative Reference Bureau
This bill creates a sentence adjustment procedure for a “youthful offender,” which is defined under the bill as a person who committed the crime for which the person is being sentenced before he or she turned 18 years old. The bill also prohibits a court from sentencing a youthful offender to life imprisonment without the possibility of parole or release to extended supervision, and the bill creates new mitigating factors that a court must consider when sentencing a youthful offender. Finally, the bill eliminates statutory mandatory life sentences without parole or release to extended supervision for youthful offenders to align with federal constitutional law.
Sentence adjustment procedure for youthful offenders
The bill creates a new procedure for an incarcerated youthful offender to petition the sentencing court for a sentence adjustment after serving 15 years of his or her sentence in prison or, if the person is serving a sentence for a crime that is a felony that caused the death of a person or is a felony sexual assault of a child, after serving 20 years in prison. Under the bill, one year before the youthful offender is eligible to petition for the sentence adjustment, the Department of Corrections is required to notify the youthful offender of his or her eligibility. If the youthful offender files a petition, the court is required to hold a hearing on the petition and to consider the sentencing factors on mitigation for youth created under the bill in determining whether to adjust the youthful offender’s sentence. Notice of the youthful offender’s eligibility for a sentence adjustment hearing, of the petition, and of the hearing must be sent to the district attorney and the crime victim. The youthful offender has the right to present evidence and cross-examine witnesses at the hearing, and the crime victim has the right to be heard.
Under the bill, if the court finds that the interests of justice warrant a sentence adjustment, the court may reduce the term of confinement in prison for the youthful offender and may modify the conditions of extended supervision. If the youthful offender is serving an indeterminate sentence or a life sentence without parole or release to extended supervision, the court may convert the sentence to a bifurcated sentence and set a date on which the petitioner will be eligible for release to extended supervision. Under the bill, the sentencing court may reduce the overall sentence length but may not impose a term of extended supervision that is less than three years. Under the bill, if the youthful offender is serving multiple sentences concurrently or consecutively, the concurrent or consecutive sentences are treated as a single sentence for the purposes of the sentence adjustment procedure.
If the court denies the petition under the bill or adjusts the sentence to provide a date for release to extended supervision that is more than three years after the hearing, the court must provide in writing the reasons for the denial or the delayed release eligibility date. A youthful offender may petition again after three years. Under the bill, DOC is required to send a notice regarding the petition process to all youthful offenders who are eligible to petition for a sentence adjustment at the time the bill becomes law or who will become eligible within one year of that date. The bill also specifies that DOC must consider a person’s status as a youthful offender and proximity to a sentence adjustment hearing date when determining the person’s eligibility for available programming.
Under current law, an inmate who is serving a bifurcated sentence for a crime other than a Class B felony can petition to reduce the confinement portion of his or her bifurcated sentence after serving a certain proportion of the sentence. Current law provides that an inmate who is serving a life sentence can petition to be released to extended supervision or parole after serving at least 20 years of his or her sentence or after another date set by the sentencing court.
Sentencing; mitigating factors
Under current law, when a court makes a sentencing decision, it must consider certain factors, including whether there were any aggravating factors present. Under the bill, when a court is sentencing a youthful offender, the court must also consider mitigating factors related to the age and maturity of the youthful offender. Under the bill, these mitigating factors must also be considered when a court hears a petition for a sentence adjustment for a youthful offender and must be considered by the Parole Commission when determining whether to parole a youthful offender.
Eliminating life sentences without parole or extended supervision for youthful offenders
Under current law, if a person is sentenced to a term of life imprisonment, the sentencing court must either set a date on which the person is eligible for release to parole or extended supervision or determine that the person is not eligible for release to parole or extended supervision. Under the bill, when the court sentences a youthful offender to life imprisonment, the court must set a date on which the person is eligible for release to parole or extended supervision.
Under current law, if a person is convicted of a serious felony on three separate occasions or a serious child sex offense on two separate occasions, the person is a repeat offender subject to a mandatory life sentence without the possibility of parole or extended supervision. However, in
Miller v. Alabama
, 567 U.S. 460 (2012), the U.S. Supreme Court held that imposing a mandatory life sentence without parole for a juvenile constitutes cruel and unusual punishment and therefore violates the eighth amendment of the U.S. Constitution. The bill clarifies that the statutory mandatory sentence of life imprisonment without the possibility of parole or extended supervision for repeat offenders does not apply to youthful offenders.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB895,1
1
Section
1
.
302.113 (2) of the statutes is amended to read:
AB895,3,3
2
302.113
(2)
Except as provided in subs. (3) and (9), an inmate subject to this
3
section is entitled to release to extended supervision after he or she has served the
1
term of confinement in prison portion of the sentence imposed under s. 973.01, as
2
modified by the sentencing court under sub. (9g) or s. 302.045 (3m) (b) 1., 302.05 (3)
3
(c) 2. a.,
973.018,
973.195 (1r), or 973.198, if applicable.
AB895,2
4
Section
2
.
302.114 (1) of the statutes is amended to read:
AB895,3,8
5
302.114
(1)
An inmate is subject to this section if he or she is serving a life
6
sentence imposed under s. 973.014 (1g) (a) 1. or 2.
or (3) (c).
An inmate serving a life
7
sentence under s. 939.62 (2m) or 973.014 (1g) (a) 3. is not eligible for release to
8
extended supervision under this section.
AB895,3
9
Section
3
.
302.114 (2) of the statutes is amended to read:
AB895,3,14
10
302.114
(2)
Except as provided in subs. (3) and (9), an inmate subject to this
11
section may petition the sentencing court for release to extended supervision after
12
he or she has served 20 years, if the inmate was sentenced under s. 973.014 (1g) (a)
13
1., or after he or she has reached the extended supervision eligibility date set by the
14
court, if the inmate was sentenced under s. 973.014 (1g) (a) 2.
or (3) (c).
AB895,4
15
Section
4
.
302.114 (5) (cs) of the statutes is created to read:
AB895,3,19
16
302.114
(5)
(cs) If the inmate is a youthful offender, as defined in s. 973.014
17
(3) (a), the court shall consider the mitigating factors under s. 973.017 (2c) (a) to (o)
18
and any relevant information described in s. 973.018 (5) (b) when determining
19
eligibility for release to extended supervision under this subsection.
AB895,5
20
Section
5
.
303.065 (1) (b) 1. of the statutes is amended to read:
AB895,4,3
21
303.065
(1)
(b) 1. A person serving a life sentence, other than a life sentence
22
specified in subd. 2., may be considered for work release only after he or she has
23
reached parole eligibility under s. 304.06 (1) (b) or 973.014 (1) (a) or (b)
or (3) (b)
,
1
whichever is applicable, or he or she has reached his or her extended supervision
2
eligibility date under s. 302.114 (9) (am) or 973.014 (1g) (a) 1. or 2.
or (3) (c)
,
3
whichever is applicable.
AB895,6
4
Section
6
.
304.02 (5) of the statutes is amended to read:
AB895,4,7
5
304.02
(5)
Notwithstanding subs. (1) to (3), a prisoner who is serving a life
6
sentence under s. 939.62 (2m) (c) or 973.014 (1) (c)
or
,
(1g)
, or (3) (c)
is not eligible for
7
release to parole supervision under this section.
AB895,7
8
Section
7
.
304.06 (1) (a) 3. of the statutes is created to read:
AB895,4,10
9
304.06
(1)
(a) 3. “Youthful offender” has the meaning given in s. 973.014 (3)
10
(a).
AB895,8
11
Section
8
.
304.06 (1) (b) of the statutes is amended to read:
AB895,5,4
12
304.06
(1)
(b) Except as provided in s. 961.49 (2), 1999 stats., sub. (1m) or s.
13
302.045 (3), 302.05 (3) (b), 973.01 (6),
or
973.0135
, or 973.018
, the parole
14
commission may parole an inmate of the Wisconsin state prisons or any felon or any
15
person serving at least one year or more in a county house of correction or a county
16
reforestation camp organized under s. 303.07, when he or she has served 25 percent
17
of the sentence imposed for the offense, or 6 months, whichever is greater. Except
18
as provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g)
or
,
(2)
, or (3) (b) or (c)
,
19
the parole commission may parole an inmate serving a life term when he or she has
20
served 20 years, as modified by the formula under s. 302.11 (1) and subject to
21
extension under s. 302.11 (1q) and (2), if applicable. The person serving the life
22
term shall be given credit for time served prior to sentencing under s. 973.155,
23
including good time under s. 973.155 (4). The secretary may grant special action
1
parole releases under s. 304.02. The department or the parole commission shall not
2
provide any convicted offender or other person sentenced to the department’s
3
custody any parole eligibility or evaluation until the person has been confined at
4
least 60 days following sentencing.
AB895,9
5
Section
9
.
304.06 (1) (bc) of the statutes is created to read:
AB895,5,9
6
304.06
(1)
(bc) 1. If the inmate who applies for parole under this subsection is
7
a youthful offender, the parole commission shall consider the mitigating factors
8
under s. 973.017 (2c) (a) to (o) and any relevant information described in s. 973.018
9
(5) (b) when determining whether to release the inmate to parole.
AB895,5,11
10
2. A youthful offender has the right to attend and may be represented by
11
counsel at any interviews or hearings concerning his or her application for parole.
AB895,5,15
12
3. If the parole commission denies a youthful offender’s application for parole,
13
the parole commission shall provide in writing the reasons for the denial and shall
14
set a date for reconsideration that is no more than 3 years after the date the
15
application was denied.
AB895,10
16
Section
10
.
304.071 (2) of the statutes is amended to read:
AB895,5,19
17
304.071
(2)
If a prisoner is not eligible for parole under s. 961.49 (2), 1999
18
stats., or s. 939.62 (2m) (c), 973.01 (6), 973.014 (1) (c)
or
,
(1g)
, or (3) (c), 973.018,
or
19
973.032 (5), he or she is not eligible for parole under this section.
AB895,11
20
Section
11
.
939.62 (2m) (b) (intro.) of the statutes is amended to read:
AB895,5,23
21
939.62
(2m)
(b) (intro.) The actor is a persistent repeater if
the offense for
22
which he or she is presently being sentenced was committed on or after the date he
23
or she attained the age of 18 and
one of the following applies:
AB895,12
1
Section
12
.
950.04 (1v) (g) of the statutes is amended to read:
AB895,6,4
2
950.04
(1v)
(g) To have reasonable attempts made to notify the victim of
3
hearings or court proceedings, as provided under ss. 302.113 (9g) (g) 2., 302.114 (6),
4
938.27 (4m) and (6), 938.273 (2), 971.095 (3)
and
,
972.14 (3) (b)
, and 973.018 (5)
.
AB895,13
5
Section
13
.
950.04 (1v) (gm) of the statutes is amended to read:
AB895,6,8
6
950.04
(1v)
(gm) To have reasonable attempts made to notify the victim of
7
petitions for sentence adjustment as provided under s.
973.018 (4) (a) and (e),
8
973.09 (3m), 973.195 (1r) (d), or 973.198.
AB895,14
9
Section
14
.
950.04 (1v) (m) of the statutes is amended to read:
AB895,6,12
10
950.04
(1v)
(m) To provide statements concerning sentencing, disposition, or
11
parole, as provided under ss. 304.06 (1) (e), 938.32 (1) (b) 1g., 938.335 (3m) (ag),
and
12
972.14 (3) (a)
, and 973.018 (5) (d)
.
AB895,15
13
Section
15
.
973.01 (3) of the statutes is amended to read:
AB895,6,16
14
973.01
(3)
Not applicable to life sentences.
If a person is being sentenced
15
for a felony that is punishable by life imprisonment, he or she is not subject to this
16
section but shall be sentenced under s. 973.014 (1g)
or (3)
.
AB895,16
17
Section
16
.
973.01 (4) of the statutes is amended to read:
AB895,6,23
18
973.01
(4)
No good time; extension or reduction of term of
19
imprisonment.
A person sentenced to a bifurcated sentence under sub. (1) shall
20
serve the term of confinement in prison portion of the sentence without reduction
21
for good behavior. The term of confinement in prison portion is subject to extension
22
under s. 302.113 (3) and, if applicable, to reduction under s. 302.045 (3m), 302.05
23
(3) (c) 2. a., 302.113 (9g),
973.018,
973.195 (1r), or 973.198.
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