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SB1133: Bill Text
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2025 - 2026 LEGISLATURE
LRB-4077/1
MJW:cdc
2025 SENATE BILL 1133
March 19, 2026 - Introduced by Senator
Drake
. Referred to Committee on Judiciary and Public Safety.
SB1133,1,4
1
An Act
to repeal
973.01 (2) (d) 1., 973.01 (2) (d) 2. and 973.01 (2) (d) 3.;
to
2
amend
973.01 (2) (d) (intro.), 973.01 (2) (d) 4., 973.09 (1) (a), 973.09 (2) (a) 2.,
3
973.09 (2) (b) 2. and 973.09 (3) (a);
to create
973.01 (2) (e) of the statutes;
4
relating to:
the maximum term of extended supervision or probation.
Analysis by the Legislative Reference Bureau
Under current law, 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 must impose a bifurcated sentence. A bifurcated sentence is a sentence that consists of a term of confinement in prison followed by a term of extended supervision.
Current law provides certain minimum and maximum terms of imprisonment and extended supervision, depending on the classification of the crime committed. Under current law, the term of extended supervision may not be less than 25 percent of the length of the term of confinement in prison portion of the bifurcated sentence, and the maximum term of extended supervision that may be imposed is as follows: for a Class B felony, the term of extended supervision may not exceed 20 years; for a Class C felony, 15 years; for a Class D felony, 10 years; for a Class E, F, or G felony, five years; for a Class H felony, three years; and for a Class I felony, two years.
This bill provides that the term of extended supervision may not be less than 25 percent of the length of the term of confinement in prison portion of the bifurcated sentence or five years, whichever is less, and further provides that the term of extended supervision portion of the sentence may not exceed five years for a Class B, C, D, E, F, or G felony.
Also under current law, with some exceptions, if a person is convicted of a crime, the court, by order, may withhold sentence or impose sentence and stay its execution, and in either case place the person on probation to the department for a period of time instead. The bill provides that no period of probation, or consecutive periods of probation, or term of extended supervision followed by a period of probation, may exceed a combined total of five years of supervision.
Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB1133,1
1
Section
1
.
973.01 (2) (d) (intro.) of the statutes is amended to read:
SB1133,2,6
2
973.01
(2)
(d)
Minimum and maximum term of extended supervision.
(intro.)
3
The term of extended supervision may not be less than 25 percent of the length of
4
the term of confinement in prison imposed under par. (b)
or 5 years, whichever is
5
less,
and, for a classified felony, is subject to whichever of the following limits is
6
applicable:
SB1133,2
7
Section
2
.
973.01 (2) (d) 1. of the statutes is repealed.
SB1133,3
8
Section
3
.
973.01 (2) (d) 2. of the statutes is repealed.
SB1133,4
9
Section
4
.
973.01 (2) (d) 3. of the statutes is repealed.
SB1133,5
10
Section
5
.
973.01 (2) (d) 4. of the statutes is amended to read:
SB1133,2,12
11
973.01
(2)
(d) 4. For a Class
B, C, D,
E, F, or G felony, the term of extended
12
supervision may not exceed 5 years.
SB1133,6
13
Section
6
.
973.01 (2) (e) of the statutes is created to read:
SB1133,3,2
14
973.01
(2)
(e)
Consecutive or concurrent sentences.
The combined total term of
1
extended supervision following any consecutively or concurrently served terms of
2
confinement in prison may not exceed 5 years.
SB1133,7
3
Section
7
.
973.09 (1) (a) of the statutes is amended to read:
SB1133,3,15
4
973.09
(1)
(a) Except as provided in par. (c) or if probation is prohibited for a
5
particular offense by statute, if a person is convicted of a crime, the court, by order,
6
may withhold sentence or impose sentence under s. 973.15 and stay its execution,
7
and in either case place the person on probation to the department for a stated
8
period, stating in the order the reasons therefor. The court may impose any
9
conditions which appear to be reasonable and appropriate. The period of probation
10
may be made consecutive to a sentence on a different charge, whether imposed at
11
the same time or previously
, but the court may not impose consecutive periods of
12
probation or terms of extended supervision followed by a period of probation that
13
exceed a combined total of 5 years of supervision
. If the court imposes a term of
14
probation under sub. (2) (a) 1. or 2. or (b) 2., it shall place its reasons for doing so on
15
the record.
SB1133,8
16
Section
8
.
973.09 (2) (a) 2. of the statutes is amended to read:
SB1133,3,22
17
973.09
(2)
(a) 2. If the probationer is convicted of not less than 2 nor more
18
than 4 misdemeanors at the same time, the maximum original term of probation
19
may be increased by one year
, except that the term of probation may not exceed 5
20
years
. If the probationer is convicted of 5 or more misdemeanors at the same time,
21
the maximum original term of probation may be increased by 2 years
, except that
22
the term of probation may not exceed 5 years
.
SB1133,9
23
Section
9
.
973.09 (2) (b) 2. of the statutes is amended to read:
SB1133,4,3
24
973.09
(2)
(b) 2. If the probationer is convicted of 2 or more crimes, including
1
at least one felony, at the same time, the maximum original term of probation may
2
be increased by one year for each felony conviction
, except that the term of probation
3
may not exceed 5 years
.
SB1133,10
4
Section
10
.
973.09 (3) (a) of the statutes is amended to read:
SB1133,4,8
5
973.09
(3)
(a) Prior to the expiration of any probation period, the court, for
6
cause and by order, may extend probation for a stated period or modify the terms
7
and conditions thereof
, except that no term of probation, as extended, may exceed 5
8
years
.
SB1133,4,9
9
(end)
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