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SB1134: Bill Text
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2025 - 2026 LEGISLATURE
LRB-6376/1
MJW:cdc
2025 SENATE BILL 1134
March 19, 2026 - Introduced by Senator
Drake
. Referred to Committee on Judiciary and Public Safety.
SB1134,1,4
1
An Act
to renumber and amend
973.195 (1r) (b) 3. and 973.195 (1r) (g) 1.;
to
2
amend
973.195 (1r) (h) 2.;
to create
973.195 (1r) (b) 3. b. and 973.195 (1r) (g)
3
1. b. of the statutes;
relating to:
criminal sentence adjustment due to
4
sentencing.
Analysis by the Legislative Reference Bureau
Under current law, a prison inmate who is serving a bifurcated sentence for certain felonies committed on or after December 31, 1999 may petition the sentencing court to adjust their sentence if the the inmate has served at least 85 percent of the confinement in prison portion of their sentence for a Class C to E felony or 75 percent for a Class F to I felony. When an inmate files a petition, the sentencing court may either deny the petition or hold the petition for further consideration. If the court holds the petition for further consideration, the court must notify the district attorney of the inmate’s petition. If the district attorney objects to adjustment of the inmate’s sentence within 45 days of receiving notification, the court must deny the inmate’s petition.
Current law provides several grounds for such a petition, including that there has been a change in law or procedure related to sentencing or revocation of extended supervision effective after the inmate was sentenced that would have resulted in a shorter term of confinement in prison or, if the inmate was returned to prison upon revocation of extended supervision, a shorter period of confinement in prison upon revocation, if the change had been applicable when the inmate was sentenced. Under current law, in such case, the only sentence adjustment that a court may make is to reduce the term of confinement in prison and make a corresponding increase in the term of extended supervision, unless an extension of the term of extended supervision would result in a longer term of extended supervision than the maximum that the offender could have received if the change in law or procedure had been applicable when the inmate was originally sentenced. In that case, the court may reduce the length of the term of extended supervision so that the term of extended supervision does not exceed the maximum term of extended supervision that the offender could have received if the change in law or procedure had been applicable when the inmate was originally sentenced.
This bill provides that an inmate may also file such a petition if there has been a change in law or procedure related to sentencing that would have resulted in a shorter term of extended supervision. The bill also provides that when a sentencing court modifies any sentence because of a change in law or procedure related to sentencing or revocation by reducing a term of confinement in prison, the court must reduce the length of the term of extended supervision so that the term of extended supervision does not exceed the maximum term of extended supervision that the offender could have received if the change in law or procedure had been applicable when the inmate was originally sentenced or the maximum term of extended supervision for the offense at the time the petition for sentence adjustment was filed, whichever is shorter.
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:
SB1134,1
1
Section
1
.
973.195 (1r) (b) 3. of the statutes is renumbered 973.195 (1r) (b) 3.
2
(intro.) and amended to read:
SB1134,2,6
3
973.195
(1r)
(b) 3. (intro.) A change in law or procedure related to sentencing
4
or revocation of extended supervision effective after the inmate was sentenced that
5
would have resulted in
a
one of the following, if the change had been applicable
6
when the inmate was sentenced:
SB1134,2,7
7
a. A
shorter term of confinement in prison
or, if
.
SB1134,3,2
8
c. If
the inmate was returned to prison upon revocation of extended
1
supervision, a shorter period of confinement in prison upon revocation
, if the
2
change had been applicable when the inmate was sentenced
.
SB1134,2
3
Section
2
.
973.195 (1r) (b) 3. b. of the statutes is created to read:
SB1134,3,4
4
973.195
(1r)
(b) 3. b. A shorter term of extended supervision.
SB1134,3
5
Section
3
.
973.195 (1r) (g) 1. of the statutes is renumbered 973.195 (1r) (g) 1.
6
(intro.) and amended to read:
SB1134,3,8
7
973.195
(1r)
(g) 1. (intro.) If the inmate is serving the term of confinement in
8
prison portion of the sentence,
a
one of the following:
SB1134,3,11
9
a. A
reduction in the term of confinement in prison by the amount of time
10
remaining in the term of confinement in prison portion of the sentence, less up to
11
30 days, and a corresponding increase in the term of extended supervision.
SB1134,4
12
Section
4
.
973.195 (1r) (g) 1. b. of the statutes is created to read:
SB1134,3,13
13
973.195
(1r)
(g) 1. b. A reduction in the term of extended supervision.
SB1134,5
14
Section
5
.
973.195 (1r) (h) 2. of the statutes is amended to read:
SB1134,4,2
15
973.195
(1r)
(h) 2. If the court adjusts a sentence under par. (g) on the basis of
16
a change in law or procedure as provided under par. (b) 3. and the adjusted term of
17
extended supervision is greater than the maximum term of extended supervision
18
that the offender could have received if the change in law or procedure had been
19
applicable when the inmate was originally sentenced
or the maximum term of
20
extended supervision provided by law for the offense at the time the petition was
21
filed
, the court
may
shall
reduce the length of the term of extended supervision so
22
that the term of extended supervision does not exceed the maximum term of
23
extended supervision that the offender could have received if the change in law or
24
procedure had been applicable when the inmate was originally sentenced
, or the
1
maximum term of extended supervision provided by law for the offense at the time
2
the petition was filed, whichever is shorter
.
SB1134,4,3
3
(end)
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