sentence adjustment pro se packet § 973...

SENTENCE ADJUSTMENT

PRO SE PACKET

§ 973.195

Prepared by:

Legal Assistance to Institutionalized Persons Project (LAIP)

Frank J. Remington Center

University of Wisconsin Law School

975 Bascom Mall

Madison, WI 53706

SENTENCE ADJUSTMENT

PRO SE PACKET

§ 973.195

Prepared by:

Legal Assistance to Institutionalized Persons Project (LAIP)

Frank J. Remington Center

University of Wisconsin Law School

975 Bascom Mall

Madison, WI 53706

Please read the following instructions and the entire packet carefully. Properly

understanding the following information may impact the outcome of your

petition!

1. Determine your § 973.195 eligibility date.

2. Remove the following forms from the packet:

CR-258 Petition for Sentence Adjustment § 973.195 (Fill out this form completely,

sign, and date it)

CR-261 Verification of Time Served § 973.195 (LEAVE THIS BLANK)

3. On or after your eligibility date, give your institution’s Records Office an unsealed

envelope, addressed to the court, with sufficient postage, containing:

CR-258 Petition for Sentence Adjustment § 973.195 (completely filled in),

CR-261 Verification of Time Served § 973.195 (completely blank), and

Supporting documentation including but not limited to HSED Diploma, Vocational

Certificates, A&E Assessments, Work Performance Evaluations or Supplemental

Petition that you would like the Judge to review.

Do not send the form summaries with your petition.

4. Fill out a disbursement form for your conduct history that will be sent with your packet.

5. If possible, fill out another disbursement form for a personal copy of all materials sent to

the court.

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This pro se packet is designed to assist you in representing yourself. It is not intended to provide legal advice to any

individual. Your case may involve circumstances that are not taken into account by this packet. This material was

drafted in 2015, so you should check to see if the law or procedures have changed.

§ 973.195 SENTENCE ADJUSTMENT PRO SE PACKET

2015

INTRODUCTION

On December 31, 1999, Wisconsin’s Truth-in-Sentencing (TIS) law took effect. The law

eliminated parolable sentences. It replaced them with a scheme where the judge imposes a

bifurcated sentence, made up of a confinement period and an extended supervision (ES) period.

This law is called TIS 1.

On February 1, 2003, 2001 Wisconsin Act 109 took effect. This law made several changes to

TIS sentences, and is called TIS 2. TIS 2 changed the classifications for felonies in Wisconsin.

TIS 2 also created a new statute, Wis. Stat. § 973.195, that allows some TIS inmates to ask the

sentencing court for sentence adjustment, to allow for early release from the confinement period.

On October 1, 2009, 2009 Wisconsin Act 28 was signed into law. Act 28 also changed many

aspects of TIS sentences. Among other things, Act 28 limited § 973.195 sentence adjustment

only to inmates sentenced before October 1, 2009.

On August 3, 2011, 2011 Wisconsin Act 38 took effect. Act 38 modified or repealed many

aspects of Act 28. Among other things, Act 38 repealed the Act 28 changes to Wis. Stat. §

973.195. Act 38 made § 973.195 sentence adjustment available to inmates who have received

TIS sentences for crimes committed since December 31, 1999.

This packet provides information and forms for filing a sentence adjustment petition pro se (on

your own) with a court. The packet begins with a Summary that provides a brief overview of the

main points you will need to know about § 973.195 sentence adjustment. Next, the packet

provides a more detailed explanation of § 973.195 sentence adjustment and gives instructions

and advice on how to petition a court for adjustment. Finally, the packet discusses some

complications and unanswered questions regarding Wis. Stat. § 973.195.

Please note that 2011 Wisconsin Act 38 also created a separate remedy, called Positive

Adjustment Time (PAT) sentence adjustment, under Wis. Stat. § 973.198. If you are eligible, you

can apply for sentence adjustment under both Wis. Stat. §§ 973.195 and 973.198. This packet

does not provide instructions for PAT sentence adjustment. A Positive Adjustment Time (PAT)

Sentence Adjustment Pro Se Packet is provided in Chapter 4 of the LAIP Desk Book.

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PART A: SUMMARY

1. Under 2011 Wisconsin Act 38, all eligible inmates serving TIS sentences imposed for

crimes committed since December 21, 1999, can petition the court for sentence

adjustment

Act 38 modified Wis. Stat. § 973.195(1r)(a), which 2009 Wisconsin Act 28 had limited to

inmates sentenced before October 1, 2009. The section now states that any eligible inmate who is

serving a TIS sentence can apply for sentence adjustment.

2. The following TIS inmates may apply for a sentence adjustment under Wis. Stat. §

973.195

An inmate serving a sentence for a Class C, D, or E felony may petition for a sentence

adjustment after serving 85% of the confinement portion of the sentence.

An inmate serving a sentence for a Class F, G, H, or I felony or enhanced or bifurcated

misdemeanor may petition after serving 75% of the confinement portion of the sentence.

No one can petition before serving the full 75% or 85% of the confinement time.

Inmates who were sentenced under TIS before February 1, 2003 can apply for sentence

adjustment. See State v. Tucker, 2005 WI 46, ¶ 22, 279 Wis. 2d 697, 694 N.W.2d 926.

These inmates will use the TIS 2, rather than TIS 1, felony categories to determine

whether they are eligible for sentence adjustment at 75% or 85% of confinement. See Part

C.1. and Part D.1., below, for more details.

In State v. Anderson, 2015 WI App 92, the court of appeals held that persons sentenced to

prison to serve a bifurcated TIS sentence imposed for an enhanced misdemeanor are

eligible to petition for sentence adjustment after serving 75% of the initial confinement

portion of their sentences.

3. The judge may grant a sentence adjustment for one of these reasons

Good conduct or participation in educational or treatment programs.

Change in law (usually under TIS 2) that would have resulted in less confinement.

The person is facing deportation or a prison sentence in another jurisdiction.

Sentence adjustment is otherwise in the interests of justice.

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4. How to petition the court for sentence adjustment

A petition for sentence adjustment must be made on official court forms. Copies of these

forms are included in this packet for you to use.

You should attach any documents showing the reason why the judge should grant a

sentence adjustment, as well as showing your plan for release, such as where you plan to

live upon release, and what you plan to do upon release (work, school, etc.).

In particular, we recommend that you include a “Supplemental Petition for Sentence

Adjustment” that addresses the kinds of questions and concerns you think the court will

have. See Part C.3, below, for details.

Give all of these forms and attachments to the records office at your institution.

The records supervisor will fill out the Verification of Time Served form, attach

information about conduct reports you may have received, and forward the documents to

the Clerk of Courts for filing. You may need to make a disbursement request to cover

the cost of copies and postage. Additionally, you may need to personally address the

envelope to the Clerk of Court for the circuit court you are petitioning.

NOTE: A separate petition and set of forms must be filed for each sentence, regardless

of whether the sentences are concurrent or consecutive. The petition for adjustment of a

particular sentence must be filed when you are eligible for adjustment on that sentence.

5. Sentence adjustments are not automatically granted

The defendant has the burden of convincing the sentencing judge to grant an adjustment.

The judge may reject a sentence adjustment petition outright.

If the judge does not reject it, the judge must ask the district attorney to say whether or

not the State agrees with your request.

For certain sexual offenses, if the district attorney does not object to the petition within

10 days of receiving notice of the petition, the district attorney must notify the victim of

the petition and tell the victim how to object to the petition.

After hearing back from the district attorney (and, if appropriate, the victim), the judge

must decide whether adjusting the sentence is in the public interest.

Sentence adjustments are still rare. Although the percentage of successful sentence

adjustment petitions has increased since Wis. Stat. § 973.195 was passed in 2003, judges

still deny most petitions.

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6. Sentence adjustment does not shorten your overall sentence.

If the judge decides to adjust your sentence, the time that is taken off the confinement portion of

your sentence will be added to your ES time.

7. Almost all inmates are better off filing for § 973.195 sentence adjustment first, then

later filing for PAT sentence adjustment under Wis. Stat. § 973.198.

This point will be discussed in greater detail in Part D.6, below.

As noted above, Wis. Stat. § 973.195 has been modified several times and has been interpreted in

several appellate cases. Nonetheless, there are still some questions that we cannot answer. This

packet includes a great deal of information about the sentence adjustment process. If are

thinking about filing a sentence adjustment petition, you should read the entire packet.

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PART B: BACKGROUND INFORMATION

1. What is the purpose of § 973.195 sentence adjustment?

With a TIS sentence, the judge decides up front the length of the confinement portion of the

sentence, which includes a fixed release date (although this date can be extended by misbehavior

in prison). The judge also decides the length of the extended supervision (ES) portion of the

sentence. Upon release from prison, the offender is on ES, and can be revoked and sent back to

prison for violating the rules of supervision.

Before Wis. Stat. § 973.195 took effect in 2003, there was no way for a judge to adjust a TIS

inmate’s release date after it was imposed. Section 973.195 adds some flexibility back into the

date when an inmate can be released from the confinement portion of the TIS sentence, and

allows a court to reward an inmate’s rehabilitative efforts in prison.

2. What does Wis. Stat. § 973.195 say?

Section 973.195 of the Wisconsin Statutes allows a judge to adjust an eligible inmate’s TIS

sentence. Specifically, the court can reduce the confinement portion of the sentence by a specific

amount and increase the ES portion of the sentence by the same amount. With very rare

exceptions, the total length of the sentence (confinement in prison plus ES) remains the same.

Section 973.195 sentence adjustment is not available to inmates who are serving TIS sentences

for crimes classified as Class A or B felonies.

Section 973.195 sentence adjustment is also not available to inmates serving New Law

(parolable) sentences. This is because the release date on a New Law sentence is determined by

discretionary parole release or by Mandatory Release, rather than by the sentencing judge.

It is important to understand that Wis. Stat. § 973.195 applies to each individual TIS sentence. If

you have more than one TIS sentence, whether concurrent or consecutive, you will have to file

more than one sentence adjustment petition. Each petition must be filed when you are eligible to

petition on that particular sentence. In addition, you can only file one sentence adjustment

petition per sentence. See Wis. Stat. § 973.195(1r)(l).

3. What are the statutory grounds for sentence adjustment?

Section 973.195(1r)(b) of the Wisconsin Statutes states that a judge may adjust an inmate’s TIS

sentence based upon any of the following reasons:

Reason 1 The inmate can provide evidence of good conduct, progress in

rehabilitation, or participation in educational, treatment, or other programs

in prison.

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Reason 2 There has been a change in law or procedure related to sentencing or

revocation of ES that took effect after the inmate was sentenced, and that

would have resulted in a shorter confinement term if it had applied at the

time the inmate was sentenced.

Reason 3 The inmate is subject to a prison sentence in another jurisdiction.

Reason 4 The inmate is in this country illegally, and a shorter confinement period

would allow the inmate to be deported earlier.

Reason 5 Sentence adjustment is otherwise in the interests of justice.

Most of these reasons are pretty straightforward. Reason 1 allows a judge to reward good

conduct and rehabilitation while in prison. Reasons 3 and 4 allow Wisconsin to send an inmate to

another country, or to a prison in another jurisdiction, earlier rather than later. Reason 5 is a

catch-all provision that allows courts some leeway to considered unique petitions that might not

fit well into any of the enumerated grounds for adjustment.

Reason 2 requires some explanation. As noted above, the TIS 2 legislation, effective February 1,

2003, created Wis. Stat. § 973.195. TIS 2 also reclassified Wisconsin felonies and modified the

penalties for many crimes. As a result, some crimes carry shorter sentences under TIS 2 than

they did under TIS 1. Thus, an inmate who was sentenced under TIS 1 can request sentence

adjustment on the basis that his or her sentence would have been shorter under TIS 2. See Wis.

Stat. § 973.195(1r)(b)3.

A description of all the changes in the felony sentences enacted under TIS 2 is beyond the scope

of this packet. But if you were convicted of a crime that you committed between December 31,

1999, and February 1, 2003, you should look up your crime in the current statute books in your

prison law library to see whether the crime has been reclassified. If it has been reclassified, check

to see if the maximum period of confinement is lower now than it was when you were sentenced.

If so, you may have a basis to request a sentence adjustment under Wis. Stat. § 973.195.1

4. Are the courts actually granting any sentence adjustment petitions?

Yes, in some cases. In 2007, LAIP reviewed statewide court records regarding sentence

adjustment cases from 2003 through 2006. These records indicate that the percentage of petitions

granted statewide had grown, from 4% in 2003 to 22% in 2006. However, this means that even

in 2006, 78% of inmates’ sentence adjustment petitions were denied.

Moreover, the records showed a large variation in the success of petitions from one county to

1However, although the change from TIS 1 to TIS 2 may provide a basis for sentence adjustment under Wis. Stat. §

973.195, it does not provide a basis for a new factor sentence modification. See State v. Trujillo, 2005 WI 45, 279

Wis. 2d 712, 694 N.W.2d 933 (discussed in Part D.5., below).

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another. In particular, Milwaukee County courts had a very high rate of denying sentence

adjustment petitions.

LAIP also studied court records for two selected counties to determine what kinds of offenses

were most likely to be involved in successful sentence adjustment petitions. These records

indicate that, in 2006, the petitions most likely to succeed involved sentences with the TIS 2

classifications of F, H, and I. The underlying offenses were most often burglary, theft, forgery,

bail jumping, and drunk driving.

This is not to say that your petition will necessarily succeed if your sentence is for one of these

offenses or felony classes, or that is will necessarily fail if you have a different offense or a more

serious felony classification. But the court records do give a sense of the kinds of cases in which

judges are more willing to grant petitions.

5. Can LAIP help me with my sentence adjustment petition?

Probably not. LAIP is a student-based educational program, with limited resources and long wait

lists for assistance. Although LAIP sometimes helps inmates prepare petitions for sentence

adjustment under Wis. Stat. § 973.195, many inmates who are serving TIS sentences will have

only a small window of opportunity, maybe only a few months, in which to file a sentence

adjustment petition with the court. It is unlikely that LAIP would have a student available to help

you in a timely manner.

Thus, you should not count on LAIP to assist you. Instead, if you decide to file a sentence

adjustment petition, you will probably have to proceed pro se (on your own).

The purpose of this packet is to explain how the sentence adjustment statute works, and to give

you information so that you can file a pro se petition for sentence adjustment. We suggest that

you read through the entire packet before you decide how to proceed.

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PART C: FORMS AND INSTRUCTIONS

1. When should I file a petition for sentence adjustment under Wis. Stat. § 973.195?

First, you need to determine whether your sentence was based on TIS 1 or TIS 2 felony

classifications. To do so, you need to look at the date that you committed the offense for which

the sentence was imposed. Offenses occurring between December 31, 1999, and January 31,

2003, have TIS 1 felony classifications. Offenses occurring between February 1, 2003, and the

present have TIS 2 felony classifications.

If you are a serving a TIS 2 sentence and you were convicted of a Class C, D, or E felony, you

can apply for sentence adjustment after serving 85% of the confinement portion of your

sentence. This means that the judge can lower the confinement portion of your sentence by no

more than 15% (that is, you must serve between 85% and 100% of the confinement portion).

If you are serving a TIS 2 sentence and you were convicted of a Class F, G, H, or I felony or an

enhanced misdemeanor, you can apply for sentence adjustment after serving 75% of the

confinement portion of your sentence. This means that the judge can lower the confinement

portion of your sentence by no more than 25% (that is, you must serve between 75% and 100%

of the confinement portion).

If you are a serving a TIS 1 sentence, the situation is a little more complicated. Section 973.195

of the Wisconsin Statutes does allow an inmate with a TIS 1 sentence to file a petition for

sentence adjustment. See State v. Tucker, 2005 WI 46, ¶¶ 23-24, 279 Wis. 2d 697, 694 N.W.2d

926. However, to determine whether you can apply for adjustment at 75% or 85% of your

confinement time, you should look at the TIS 2 classification of your crime. Id.

For example, under TIS 1, the offense of Burglary under Wis. Stat. § 943.10(1) was a Class C

felony. But under TIS 2, this crime has been renumbered as Wis. Stat. § 943.10(1m) and is now a

Class F felony. Because inmates serving sentences for Class F felonies can apply for sentence

adjustment at 75% of the confinement time, you can apply at 75%, rather than the 85%

requirement that would be appropriate for a Class C felony.

Once you know what your eligibility percentage is, you need to figure out your eligibility

date. All TIS inmates have a relatively small window of opportunity to file a petition for

sentence adjustment. The shorter the sentence, the smaller the window of opportunity. Thus, it is

important that you file your sentence adjustment petition as soon as you reach the 75% or 85%

point in your sentence.

To determine when you will be eligible to request sentence adjustment, you should begin with

your “sentence began date” (SBD) as calculated by the DOC. The SBD includes jail credit. For

example, if you were sentenced on 12/1/2010, but the court granted 6 months of jail credit, your

SBD should be 6/1/2010.

To estimate your eligibility date, it is easiest to think of your sentence in months, rather than

years. For example, if you were sentenced under TIS 2 to 5 years’ confinement for a Class F

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felony, you would be eligible to request sentence adjustment at 75% of five years. Five years =

60 months. Multiplying 60 months by 75% would mean that you would be eligible once you

have served 45 months (3 years, 9 months). The judge can reduce your confinement period by up

to 15 months (60 months minus 45 months).

You can get an even more exact estimate by using days, rather than months, to calculate your

eligibility date. Included in this pro se packet is a calculation form, modeled on the DOC’s Act

38 form, which you can use to estimate your eligibility date for sentence adjustment.

2. What procedures need to be followed with a sentence adjustment petition?

Section 973.195 of the Wisconsin Statutes creates a set of procedures that must be followed

when a sentence adjustment petition is filed. The courts and the Department of Corrections have

created additional procedures that you must follow if you want your petition to be considered

“properly filed.” These procedures are outlined below.

First, you should complete a Petition for Sentence Adjustment § 973.195 on Court

Form CR-258, a copy of which is included in this packet. It is a good idea to include

attachments with the petition. These attachments will be discussed in Part C.3., below.

Next, give the completed Petition, with attachments, to the institution records office,

along with Court Form CR-261, Verification of Time Served § 973.195, a copy of

which is included in this packet.

It is our understanding that institution staff will only complete Court Form CR-261 (and

not any other kind of form), so it is important to use this official form.

The records office will complete the Verification of Time Served form, and it will attach

a copy of the form called DOC 173 - Offender Conduct Report. This is because many

circuit courts want proof that an inmate does not have major disciplinary violations

before they will consider the inmate’s sentence adjustment request.

Finally the records office, not you, will file the petition, verification, and supporting

documentation with the court, by mailing them to the clerk of courts. Only one copy of

each of these documents needs to be filed. Having the records office (rather than the

inmate) file the petition and other documents is authorized by the March 2004 Court

Form Summary for § 973.195 petitions, created by the Director of State Courts.

You will need to give the records office a large envelope addressed to the court, with a

disbursement request for postage. Court addresses can be found in the Appendices to the

LAIP Desk Book in the Law Library. If you need any extra postage after all the

documents are in the envelope, you will need to fill out a separate disbursement request.

Be sure to make your own copy of your petition, plus any attachments, before the records

office mails the documents to the court.

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3. What attachments should I include with my sentence adjustment petition?

It is important to assume that the judge is going to approach your sentence adjustment petition

with skepticism. It will be your job to convince the judge to grant the petition.

Furthermore, the standard one-page petition form (Court Form CR-258) is not adequate to

inform the judge of reasons why he or she should grant your petition. Thus, it is important that

you attach documentation that demonstrates why the judge should grant your petition.

We suggest that you write, and attach, a document entitled Supplemental Petition for Sentence

Adjustment. The Supplemental Petition for Sentence Adjustment does not have to be a fancy

legal document. Rather, it should be a document in which you explain, in a brief and clear

manner, how you meet one or more of the statutory criteria for sentence adjustment. See Wis.

Stat. §§ 973.195(1r)(b)1-5.

If your petition is based on your good conduct and rehabilitation in prison, for example, you can

explain that you have completed specific educational, vocational, and/or treatment programs, and

that you have a good disciplinary record.

If you have not completed required AODA or other treatment by the time you are eligible for

sentence adjustment, you may want to suggest that the judge consider community-based

treatment after your release. If possible, give the judge the name and address of a specific

treatment program that would be available to you upon release.

If you have had disciplinary problems in the past, you can explain that you had adjustment

problems earlier in your prison stay, but that they have now gotten better. However, if you have

had major conduct reports in the recent past, your sentence adjustment petition is likely to be

unsuccessful.

Besides rehabilitation, the Supplemental Petition should also discuss any other statutory grounds

for sentence adjustment you may be relying on. For example, you could explain that you have a

detainer for a prison sentence in another jurisdiction, or an immigration deportation detainer.

If you are asking for adjustment on the basis that you were sentenced under TIS 1 and your

sentence would be lower under TIS 2, you should refer to the appropriate statute(s) and tell the

judge how much lower your sentence would be under the current law.

Finally, if you are requesting adjustment under the catch-all ‘interests of justice’ provision, you

should explain to the judge specifically why the interests of justice would be served by releasing

you early from prison.

In addition, if a successful sentence adjustment would result in your release from confinement, it

is very important that your Supplemental Petition state clearly where you plan to live if you are

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released from prison.2 You also need to tell the judge what plans you have for work, treatment

programs, vocational training, or school after you are released.

This advice is based on conversations that LAIP attorneys have had with judges around the state.

Many judges feel that the sentence adjustment law puts them in the same position as a “parole

commission” for TIS offenders. And, like the Wisconsin Parole Commission, the judges want to

know where you will live and what you will be doing if they do release you, as well as what kind

of risks you pose to the public. So it is crucial for the Supplemental Petition to provide a realistic

and accurate release plan to the sentencing judge.

At the end of your Supplemental Petition, you may want to request a hearing on your sentence

adjustment petition. The judge is not required to grant a hearing, but some judges do. If the judge

does hold a hearing, the judge is unlikely to allow you to appear at the hearing in person, but

may allow you to appear by telephone. You should request a hearing especially if you think your

testimony would be helpful, for example to talk about your post-release plans in greater detail, or

to explain prior conduct reports to the judge.

Please understand that the court will be looking for indications that you have fully accepted

responsibility for the offense and sentence. Thus, it is not a good idea to include any language in

the Supplemental Petition complaining about any unfairness in your court proceedings or

imprisonment. Such complaints are likely to be held against you.

In other words, the Supplemental Petition is not the appropriate place to re-try your case or

complain about your incarceration. Rather, it should focus on the positive reasons why the judge

should want to grant your petition.

In addition to the Supplemental Petition, you should attach any supporting documentation

showing that you have met one or more of the statutory criteria for sentence adjustment.

For example, you could attach certificates showing that you have completed educational,

vocational or treatment programs; work performance reports; positive Program Review

Committee evaluations; and evidence that you have a good disciplinary record.

You could also attach documents showing that you have a detainer for a prison sentence in

another jurisdiction, or a deportation detainer from the immigration authorities. And if you are

2However, not all sentence adjustment petitions will result in the inmate’s release, so in some cases there will be no

reason to talk about a release plan. For example, there is no point in talking about a release plan if the basis for your

sentence adjustment request is that you will be deported or transferred to a prison in another jurisdiction.

The same may be true for inmates who are serving multiple consecutive TIS sentences. For example, if you have

two consecutive TIS sentences, your petition can ask the judge to shorten your confinement time on the first

sentence. If your petition were granted, you would not be released from prison. Rather, you would simply start the

confinement time on your second sentence earlier.

If you do request sentence adjustment under these circumstances, you should emphasize to the judge that, even if

you may not already have completed your DOC treatment programs, you will still have an opportunity to complete

them while you are serving your next consecutive sentence. You should also emphasize to the court that granting the

petition would not result in your being released to the street right away.

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requesting adjustment under the catch-all interests of justice provision, you should attach

documentation supporting any argument that you want to make on that basis.

4. What will happen to my sentence adjustment petition after it is filed?

Under Wis. Stat. § 973.195, the sentencing court can reject your petition outright. In that case,

the court will probably use Court Form CR-260, Order Concerning Sentence Adjustment,

and will check the boxes explaining why the petition is denied.

If the court does not reject your petition immediately, Wis. Stat. § 973.195 allows the court to

hold the petition for further consideration. In that case, the court must send a notice to the district

attorney about your petition. The court will use Court Form CR-259, Notice to District

Attorney/District Attorney Response on Petition for Sentence Adjustment.

The district attorney will file a response on the bottom half of Court Form CR-259. If the

district attorney objects to your petition within 45 days, Wis. Stat. § 973.195 says that the court

must deny the petition. However, the Wisconsin Supreme Court has ruled the statute is directory,

rather than mandatory. State v. Stenklyft, 2005 WI 71, 281 Wis. 2d 484, 697 N.W.2d 769. Thus,

if the district attorney objects, the court may deny your petition, but is not required to do so.

If the case involves second- or third-degree sexual assault (Wis. Stat. §§ 940.225(2) or (3)),

second-degree sexual assault of a child (Wis. Stat. § 948.02(2)), or soliciting a child for

prostitution (Wis. Stat. § 948.08), a different procedure is followed. If the district attorney does

not object to the petition within 10 days of receiving notice, the district attorney must notify the

victim about the petition. If either the victim or the district attorney objects within 45 days of

when the district attorney received notice of the petition, the judge may deny the petition.

If there is no objection within 45 days from district attorney (and, in the cases mentioned above,

the victim), the court may adjust your sentence. Section 973.195 does not include a deadline for

the court to decide on the petition. The court can grant your petition even if the district attorney

and/or victim do object. However, it is important to realize that the court is never required to

grant your petition, even if there is no objection. To grant the petition, the court must find that

adjustment is in the public interest, and must provide written reasons for granting the adjustment.

Whichever way the court rules on the petition, the court will use Court Form CR-260, Order

Concerning Sentence Adjustment, and will check the boxes explaining why the petition is

granted or denied.

If the court grants your petition, the time subtracted from confinement is added to Extended

Supervision.3 The Department of Corrections has up to 30 days from the court decision to

develop a release plan before it must release you from confinement. Wis. Stat. § 973.195(1r)(g).

3However, if the court adjusts the sentence based on a decrease in the penalties under TIS 2, and if the total sentence

or the ES time, as adjusted, is still longer than the current law allows, the court can decrease the ES time as well.

Wis. Stats. §§ 973.195(1r)(h)(1) and (2).

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PART D: COMPLICATIONS AND UNANSWERED QUESTIONS

There are a lot more questions about Wis. Stat. § 973.195 than there are answers. Only time will

tell how courts, district attorneys, and victims will respond to inmates’ petitions for sentence

adjustment. Below, we identify some specific issues and questions that are likely to arise in some

cases:

1. How do I file a § 973.195 sentence adjustment petition if I committed a TIS crime

before February 1, 2003?

You can file a sentence adjustment petition if you were sentenced under TIS 1. The Wisconsin

Supreme Court ruled in State v. Tucker, 2005 WI 45, ¶ 22, 279 Wis. 2d 697, 694 N.W.2d 926,

that TIS 1 inmates can apply for sentence adjustment under Wis. Stat. § 973.195. As explained

above, TIS 1 inmates should use the TIS 2 classification for their crimes to determine whether to

file at 75% or 85% of the confinement time.

However, there is still an unanswered question about some TIS 1 inmates who were convicted of

crimes that were Class B felonies under TIS 1. Section 973.195(1r)(a) states that a TIS inmate is

eligible to apply for sentence adjustment if he or she is serving a bifurcated sentence “for a crime

other than a Class B felony.” Some crimes that were Class B felonies under TIS 1 have been

reclassified as Class C or lower felonies under TIS 2.

It is not clear whether TIS 1 inmates whose crimes were Class B felonies under TIS 1, but have

been classified as Class C or lower under TIS 2, can even apply for sentence adjustment.

However, based upon the language of Tucker, 2005 WI 45, ¶ 22, we would encourage inmates in

this situation to petition for sentence adjustment and argue that the TIS 2 felony category should

apply.

2. Are there any timing problems I should be aware of?

Maybe. As explained earlier, the sentencing court (if it doesn’t deny the petition immediately),

must give the district attorney (and, in some cases, the victim) up to 45 days to respond to the

petition. But for some inmates with short sentences, that 45-day period may eat into a good

portion of the time available for adjustment. And even after the 45-day period elapses, there is no

deadline for the judge to rule on the petition.

It is probably not possible to file the petition before you reach 75% or 85% and hope that the

petition will get decided by the time you reach that percentage. This is because Wis. Stat. §

973.195(1r) states that an inmate may petition for sentence adjustment only if the inmate “has

served at least the applicable percentage” of the confinement portion of the sentence. Also, the

procedures developed by the Director of State Courts for these petitions require the institution

records office to file a “Verification of Time Served” along with the petition.

Finally, the “Order Concerning Sentence Adjustment” form allows a court to reject a petition

14




outright if the defendant hasn’t yet served the 75% or 85%. Since you can only file one petition

per sentence, it is risky to file too early and lose your only chance.

Our best suggestion is to be ready to file your petition right away, once you reach the appropriate

percentage of your confinement period.

3. Can I apply for sentence adjustment if I am serving a misdemeanor-repeater

sentence?

Under Wisconsin law, a person sentenced to prison as a misdemeanor-repeater can receive up to

two years in prison. See Wis. Stat. § 939.62(1)(a). Can a misdemeanor-repeater inmate apply for

sentence adjustment? The answer to this question is yes.

In State v. Anderson, 2015 WI App 92, the court of appeals held that persons sentenced to prison

to serve a bifurcated TIS sentence imposed for an enhanced misdemeanor are eligible to petition

for sentence adjustment after serving 75 % of the initial confinement portion of their sentences.

Please note, however, Anderson does not apply to persons sentenced to county jail sentences

consecutive or concurrent to a prison sentence. The rule also does not apply to persons sentenced

to less than 1 year imprisonment. As explained above, sentence adjustment is only available to

reduce the initial confinement portion of a bifurcated TIS sentence. Because sentences of less

than1 year are not bifurcated, Anderson does not apply to these sentences.

4. Can the district attorney and/or victim really veto the petition?

No. Although §§ 973.195(c) and (d) state explicitly that a court must deny a petition if the

district attorney or victim objects within 45 days, the Wisconsin Supreme Court has ruled that

this mandatory language is unconstitutional because it violates the separation of powers

principle. See State v. Stenklyft, 2005 WI 71, ¶ 104, 281 Wis. 2d 484, 697 N.W.2d 769. The

Stenklyft majority interpreted the “DA veto” to be “directory,” not mandatory. This means that if

the DA objects, the judge may deny the petition, but is not required to do so.

The Stenklyft majority did not explicitly address the “victim veto” provision of Wis. Stat. §

973.195. However, it seems unlikely that the “victim veto” would survive a legal challenge.

However, as of this writing, there is no appellate case law directly on this issue.

5. How does § 973.195 sentence adjustment interact with existing “sentence

modification” law in Wisconsin?

Section 973.195 does not limit your right to ask for a sentence modification under existing case

law. The legislative notes that accompanied the TIS 2 legislation state specifically that the

creation of Wis. Stat. § 973.195 “does not affect a person’s right to file a petition for sentence

modification under current law or to petition the sentencing court for sentence modification on

15




the basis of a new factor.”

Thus, if you do not meet the criteria for sentence adjustment listed under Wis. Stat. §

973.195(1r)(b), you may want to consider whether you can ask for a sentence modification on

other grounds. An information sheet on sentence modification can be found in Chapter 4 of the

LAIP Desk Book.

However, this does not mean that sentence modification is available in every case where

sentence adjustment would be an inadequate remedy. For example, for some TIS 1 inmates, the

maximum penalties have been lowered by more than 25% under TIS 2. For these inmates, it may

pose a hardship to wait until 75% or 85% of the confinement period before requesting sentence

adjustment under Wis. Stat. § 973.195. Nevertheless, the Wisconsin Supreme Court has ruled

that sentence adjustment is the only way that a TIS 1 inmate can ask to have confinement time

lowered on the basis of TIS 2 sentence reductions. The inmate cannot ask for sentence

modification on the basis that Wis. Stat. § 973.195 provides an inadequate remedy in his or her

specific case. See State v. Trujillo, 2005 WI 45, 279 Wis. 2d 712, 694 N.W.2d 933.

6. Can I apply for both 973.195 sentence adjustment and “PAT sentence adjustment”

under § 973.198?

Yes, you can. However, the LAIP attorneys have concluded that inmates are almost always

better off filing for “regular” sentence adjustment under Wis. Stat. § 973.195 first.

If your § 973.195 petition is denied, you can then file for “PAT sentence adjustment” under Wis.

Stat. § 973.198. A “Positive Adjustment Time (PAT) Sentence Adjustment Pro Se Packet” is

included in Chapter 4 of the LAIP Desk Book.

The reason it is usually better to file first for regular sentence adjustment requires a little history

lesson. 2009 Wisconsin Act 28 created several early release mechanisms, including Positive

Adjustment Time (PAT). PAT was somewhat like the “good time” that was used to calculate

mandatory release for parolable inmates before 2000. In other words, the PAT law authorized

possible reduction of a TIS inmate’s confinement time for good behavior.

There were three different levels of PAT reductions, depending on the felony classification and

the inmate’s history, conduct, and likelihood of reoffending:

“1 for 2 days” PAT

“1 for 3 days” PAT

“1 for 5.7" days PAT

The PAT law excluded PAT consideration for many categories of offenders and offenses.

The PAT law took effect on October 1, 2009, and it only applied to inmates who showed good

behavior in prison. Time spent in presentence custody in jail does not count toward PAT. Wis.

Stat. § 302.113(2)(b) (2009). In effect, this meant that a TIS inmate could earn PAT for the

16




confinement period of a sentence beginning on the latest of the following dates: date of

sentencing or October 1, 2009 or the date that the inmate arrived in the prison system.

2011 Wisconsin Act 38 repealed PAT release as of August 3, 2011, but only prospectively

(going forward). Inmates who were incarcerated when Act 28 was in effect still have the

possibility of early release based on PAT.4

Under the language of Act 38, inmates stopped earning PAT on August 2, 2011. As a result, the

maximum PAT that an inmate could earn would be for the period from October 1, 2009 through

August 2, 2011. Wis. Stat. § 973.198(1). If the inmate was sentenced after October 1, 2009, or if

the inmate arrived in the prison system after October 1, 2009, the period would be even shorter.

This time limitation for earning PAT is being litigated in the courts.

In 2014 the Court of Appeals held that inmates eligible for PAT who committed an offense or

were convicted or sentenced during Act 28 are entitled to earn PAT on their entire period of

confinement. It reasoned that denying the possibility of earning PAT to these inmates would

violate the ex post facto clause of the United States Constitution. State ex rel. Singh v. Kemper,

2014 WI App 43, 353 Wis. 2d 520, 846 N.W.2d 820. In November 2015, the Wisconsin

Supreme Court accepted review of the Court of Appeals decision and could overturn it.

If you committed an offense during Act 28 or were convicted or sentenced during Act 28, you

might ask the trial court to award PAT based on the whole length of your period of confinement,

citing the Singh v. Kemper decision. However, none of the court forms (Court forms 281 and

282) nor the form DOC uses to calculate the number of days you have served for which you

night be eligible for PAT (DOC-2638, “Positive Adjustment Time Computation) have been

changed. These forms only refer to how many days you served in prison from October 1, 2009

through August 2, 2011. You would have to file a supplemental request, attached to the petition,

asking for PAT on your entire period of confinement. Before you file such a supplemental

request, be sure to find out if the Wisconsin Supreme Court has issued a decision in its review of

the Court of Appeals decision.

Under Act 38, the authority to release an inmate early based on PAT was changed. Under Act 28,

either the DOC or the Earned Release Review Commission (now renamed the Parole

Commission) had the authority to release an inmate early based on PAT. Under Act 38, this

authority was transferred to the sentencing judge for all eligible inmates. Act 38 created the

“PAT sentence adjustment” process under Wis. Stat. § 973.198, as a way for inmates to ask the

judge to grant early release based on PAT that they earned while Act 28 was in effect.

It is important to understand that the court’s decision on a petition for “PAT sentence

adjustment,” like the decision on § 973.195 sentence adjustment, is discretionary. The judge is

not required to grant a “PAT sentence adjustment” petition. Wis. Stat. § 973.198(5).

In State ex rel. Singh v. Kemper, cited above, the Court of Appeals also decided that the change

in the procedure for granting PAT did not violate the ex post facto clause of the United States

4 Presumably, Act 38 retained PAT for these inmates to avoid violating the Constitution’s ex post facto clause.

17

https://advance.lexis.com/api/document/collection/cases/id/5BV0-P0J1-F04M-D006-00000-00?context=1000516

https://advance.lexis.com/api/document/collection/cases/id/5BV0-P0J1-F04M-D006-00000-00?context=1000516




Constitution. In November 2015 the Wisconsin Supreme Court accepted Singh’s petition to

review this issue. If you are considering filing a petition for PAT, be sure to find out if the

Wisconsin Supreme Court has issued a decision as to whether the change in the process for

granting PAT is lawful.

The LAIP attorneys believe that most inmates should file for § 973.195 sentence adjustment

first. If sentence adjustment is denied and the inmate is eligible for “PAT sentence adjustment,”

the inmate can file for § 973.198 “PAT sentence adjustment” afterward. Our reasons are outlined

below.

According to the current statute, PAT sentence adjustment is available only to inmates

who were in prison between October 1, 2009, and August 3, 2011. If you were not

incarcerated during this period, then you cannot file for “PAT sentence adjustment” at all.

The Wisconsin Supreme Court’s decision in Singh v. Kemper could affect whether PAT

sentence adjustment could be made on the entire period of confinement for persons who

committed an offense during Act 28 or were convicted or sentenced during Act 28.

PAT excludes many offenders and specific felonies that are not excluded under Wis. Stat.

§ 973.195. Thus, many inmates who are not eligible for § 973.198 “PAT sentence

adjustment” will be eligible for § 973.195 sentence adjustment.

Most inmates will have more time available for adjustment under Wis. Stat. § 973.195

than under Wis. Stat. § 973.198. PAT is calculated differently than eligibility for §

973.195 sentence adjustment. As a result, it appears that nearly all inmates will be

eligible for more time off with § 973.195 sentence adjustment than with § 973.198 “PAT

sentence adjustment.”

Over the years, the courts have determined a way to calculate the 75% or 85% eligibility date for

§ 973.195 sentence adjustment. This eligibility date is based on the inmate’s entire confinement

period, beginning with the “date sentence began” and ending with the “release to Extended

Supervision (ES)” date. This means that the eligibility period includes jail credit.

In contrast, PAT is based on good behavior in prison. This means that the PAT eligibility period

does not include jail credit.

EXAMPLE:

Assume that an inmate was sentenced on October 1, 2009 to 4 years of

confinement and 2 years of ES for a violent Class F felony. Assume that the

inmate entered the prison system the same day. Assume that the inmate spent a

year in jail before being sentenced. The inmate can apply for § 973.195 sentence

adjustment after serving 3 years (75%) of the confinement period. The inmate’s

jail credit counts toward the 75%, so the “date sentence began” is actually

10/1/2008. Thus, the inmate was eligible for § 973.195 sentence adjustment as of

October 1, 2011, after serving 1 year in jail and 2 years in prison.

18




Now assume that the same inmate wants to apply for § 973.198 “PAT sentence

adjustment.” PAT applies only to time in prison, so the inmate’s year of jail credit

will not count. The inmate will earn PAT at a rate of “1 for 3 days” from October

1, 2009 through August 2, 2011, a period of 671 days. The inmate can earn 1/3 of

those days as PAT, which amounts to 223 days. The inmate’s PAT eligibility date

would be the release date (October 1, 2012) minus 223 days, or February 18,

2012. This is considerably later than eligibility date of October 1, 2011 that the

inmate would have for § 973.195 sentence adjustment.

Some inmates are eligible for “1 for 2 days” PAT (the most generous form of PAT). Depending

on whether or not they have much jail credit, it is possible that these inmates might be eligible

for § 973.198 “PAT sentence adjustment” before they are eligible for § 973.195 sentence

adjustment. But, for the reasons stated above, it does not seem like this will be true for most

inmates, even inmates who are eligible for “1 for 2 days” PAT.

If an inmate files for § 973.198 “PAT sentence adjustment” and gets denied, the inmate must

then wait a year before filing for § 973.195 sentence adjustment on the same sentence. Wis. Stat.

§ 973.198(6). The opposite is not true. That is, if you file for § 973.195 sentence adjustment and

your petition is denied, you can still file for § 973.198 “PAT sentence adjustment” as soon as

you reach your PAT eligibility date.

It is possible that some courts will view “PAT sentence adjustment” as more “automatic” than §

973.195 sentence adjustment, so that the courts may be more willing to grant “PAT sentence

adjustment.” But Wis. Stat. § 973.198(5) states clearly that “PAT sentence adjustment” is a

discretionary decision by the court. Thus, even if the court determines that an inmate has earned

PAT based on good behavior in prison, the court “may” but is not required to “adjust the

sentence.”

In any case, since inmates will generally be eligible to apply for § 973.195 sentence adjustment

earlier, there seems to be no down side to applying under Wis. Stat. § 973.195; then, if the

petition is denied, applying again under Wis. Stat. § 973.198.

CONCLUSION

Because Wis. § 973.195 has been amended many times, it is likely that it will continue to be the

subject of more appellate case law. It is also likely that trial judges’ responses to sentence

adjustment petitions will continue to evolve. So it is important to research the case law to see if

additional cases discussing sentence adjustment have been published.

19

Estimating Sentence Adjustment Eligibility Under § 973.195

Note: The calculation procedure provided below can give you only an estimate of the date you

will be eligible to apply for sentence adjustment. This is not an official form.

Case Number:

Count Number:

Sentence: years confinement and years ES

Date Sentence Began:

Projected ES date on this count:

75% or 85% Sentence Adjustment (check one):

___________ 75%

___________ 85%

Length of confinement/Reconfinement +

extensions, in yy/mm/dd

Multiply (yy x 365) + (mm x 30) + dd

= Confinement/Reconfinement in days

x .75 or .85

= total days eligible for adjustment

Round down any partial days left over

(-) divide total by 365, then subtract years

= days remaining

(-) divide remainder by 30, then subtract

months

= days remaining

Date Sentence Began

Use DSB date listed on DOC-172 form

(offender data sheet)

If consecutive sentence, use release date

of prior sentence

(+) 75 or 85%

=Release Eligibility Date (RED)*

* In cases with consecutive credit, subtract

credit from RED

20

Sample Sentence Adjustment Estimation

Case Number 2014-CF-XXXX

Count Number: 1

Sentence: 5 years confinement and 3 years ES

Date Sentence Began: 1/1/15

Projected ES date on this count: 1/1/20

75% or 85% Sentence Adjustment (check one):

_____X_____ 75% Class F

___________ 85%

5-0-0 Length of Confinement/Reconfinement +

extensions

5 x 365 y y x 365 + m x 30 + dd

1825 = Confinement/Reconfinement in days

x .75 x .75 or .85

1368 = Days eligible for adjustment

Round down any partial day left over

-1095 (3 years) (-) divide total by 365, then subtract years

273 = days remaining

-270 (9 months) (-) divide remainder by 30, then subtract

months

3 = days remaining

2015-1-1 Date Sentence Began

Use DSB date listed on DOC-172

form (offender data sheet)

If consecutive sentence, use release

date of prior sentence

+ 3-9-3 (+) 75 or 85%

= 2018-10-4 =Release Eligibility Date (RED)*

* In cases with consecutive credit, subtract

credit from RED

21

CR-258, 08/11 Petition for Sentence Adjustment §973.195 §973.195, Wisconsin Statutes

This form shall not be modified. It may be supplemented with additional material.

STATE OF WISCONSIN, CIRCUIT COURT, COUNTY For Official Use

State of Wisconsin

-vs-

, Defendant Name

Amended

Petition for Sentence Adjustment

§973.195

Date of Birth Case No.

Count No.

1. I was sentenced for a crime of , on (Date) .

· The total length of my bifurcated sentence on this count is years, months.

· My initial term of confinement on this count is years, months.

· My initial term of extended supervision on this count is years, months.

2. I am not serving a sentence on this count for a Class A or a Class B felony.

3. I have not filed a petition for sentence adjustment under §973.198, Wis. Stats., within the last year for my

sentence on this count.

4. I have not previously requested sentence adjustment under §973.195, Wis. Stats., on this count and I now

request sentence adjustment.

5. I have served the applicable percentage of my sentence on this count. (85 percent for a Class C to E felony and 75 percent

for a Class F to I felony.) Attached is the Verification of Time Served from the Department of Corrections.

6. The following are the ground(s) for filing this petition: (Check all that apply)

A. My conduct, efforts at and progress in rehabilitation, or participation and progress in education,

treatment, or other correctional programs since being sentenced supports my request (See attached

copy(ies) of my prison program certifications(s).

B. A change in law or procedure related to sentencing or revocation of extended supervision effective after

I was sentenced would have resulted in a shorter term of confinement in prison or, if I 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 I was sentenced (see attached change in law or

procedure).

C. I am subject to a sentence of confinement in another state, or I am in the United States illegally and may

be deported (See attached documentation).

D. Sentence adjustment is in the interest of justice (See attached explanation).

I am at the following address:

Facility name

►Petitioner

Name Typed or Printed

Date

Facility address

DISTRIBUTION:

1. Court – Original

Check with Your Institution Librarian for Updated Forms

CR-261, 11/11 Verification of Time Served §973.195 §973.195, Wisconsin Statutes

This form shall not be modified. It may be supplemented with additional material.

STATE OF WISCONSIN, CIRCUIT COURT, COUNTY For Official Use

State of Wisconsin

-vs-

, Defendant Name

Amended

Verification of Time Served

§973.195

Date of Birth

Case No.

Count No.

1. The total length of the inmate’s original sentence on this count is years, months, days.

2. The initial term of confinement on this count is years, months, days.

3. The initial term of extended supervision on this count is years, months, days.

4. All subsequent terms of confinement ordered on this count:

5. The initial term of confinement has been adjusted due to disciplinary dispositions (bad time) to increase the

initial term of confinement on this count by years, months, days.

The initial term of extended supervision has been adjusted to decrease the initial term of extended supervision

by the same amount. (This adjusted period of confinement must be added to the initial term of confinement

for purposes of making the percentage calculation.)

6. The subsequent term of confinement has been adjusted due to disciplinary dispositions (bad time) to increase

the subsequent term of confinement on this count by years, months, days.

The subsequent term of extended supervision has been adjusted to decrease the subsequent term of

extended supervision by the same amount. (This adjusted period of confinement must be added to the

subsequent term of confinement for purposes of making the percentage calculation.)

7. The inmate has served on this count a total of years, months, days

in confinement.

8. The inmate does does not have another sentence(s). (Attached are copies of judgment(s) of

conviction of any other sentences(s).)

9. This information is accurate as of the date of signing.

State of

County of

Subscribed and sworn to before me on

Notary Public/Court Official

Name Printed or Typed

My commission/term expires:

Department of Corrections Representative

Name Typed or Printed

Date

DISTRIBUTION:

1. Court – Original

Check with Your Institution Librarian for Updated Forms

Check with Your Institution Librarian for Updated Statutes.

Wis. Stat. § 973.195, Sentence adjustment

As modified by 2011 Wisconsin Act 38

(1g) DEFINITION. In this section, "applicable percentage" means 85% for a Class C to E

felony and 75% for a Class F to I felony.

(1r) CONFINEMENT IN PRISON.

(a) Except as provided in s. 973.198, an inmate who is serving a sentence imposed

under s. 973.01 for a crime other than a Class B felony may petition the sentencing

court to adjust the sentence if the inmate has served at least the applicable percentage of

the term of confinement in prison portion of the sentence. If an inmate is subject to

more than one sentence imposed under this section, the sentences shall be treated

individually for purposes of sentence adjustment under this subsection.

(b) Any of the following is a ground for a petition under par. (a):

1. The inmate's conduct, efforts at and progress in rehabilitation, or participation

and progress in education, treatment, or other correctional programs since he or

she was sentenced.

3. 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.

4. The inmate is subject to a sentence of confinement in another state or the

inmate is in the United States illegally and may be deported.

5. Sentence adjustment is otherwise in the interests of justice.

(c) Upon receipt of a petition filed under par. (a), the sentencing court may deny the

petition or hold the petition for further consideration. If the court holds the petition for

further consideration, the court shall 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 under this paragraph, the court shall deny the inmate's petition.

(d) If the sentence for which the inmate seeks adjustment is for an offense under s.

940.225 (2) or (3), 948.02 (2), 948.08, or 948.085, and the district attorney does not

object to the petition within 10 days of receiving notice under par. (c), the district

attorney shall notify the victim, as defined under s. 950.02 (4), of the inmate's petition.

The notice to the victim shall include information on the sentence adjustment petition

process under this subsection, including information on how to object to the inmate's

petition. If the victim objects to adjustment of the inmate's sentence within 45 days of

http://docs.legis.wisconsin.gov/document/statutes/973.198


http://docs.legis.wisconsin.gov/document/statutes/973.195%281r%29%28a%29

http://docs.legis.wisconsin.gov/document/statutes/973.195%281r%29%28a%29

http://docs.legis.wisconsin.gov/document/statutes/940.225%282%29





http://docs.legis.wisconsin.gov/document/statutes/973.195%281r%29%28c%29


the date on which the district attorney received notice under par. (c), the court shall

deny the inmate's petition.

(e) Notwithstanding the confidentiality of victim address information obtained under s.

302.113 (9g) (g) 3., a district attorney who is required to send notice to a victim under

par. (d) may obtain from the clerk of the circuit court victim address information that

the victim provided to the clerk under s. 302.113 (9g) (g) 3.

(f) If the sentencing court receives no objection to sentence adjustment from the district

attorney under par. (c) or the victim under par. (d) and the court determines that

sentence adjustment is in the public interest, the court may adjust the inmate's sentence

as provided under par. (g). The court shall include in the record written reasons for any

sentence adjustment granted under this subsection.

(g) Except as provided under par. (h), the only sentence adjustments that a court may

make under this subsection are as follows:

1. If the inmate is serving the term of confinement in prison portion of the

sentence, a reduction in the term of confinement in prison by the amount of time

remaining in the term of confinement in prison portion of the sentence, less up

to 30 days, and a corresponding increase in the term of extended supervision.

2. If the inmate is confined in prison upon revocation of extended supervision, a

reduction in the amount of time remaining in the period of confinement in prison

imposed upon revocation, less up to 30 days, and a corresponding increase in the

term of extended supervision.

(h)

1. If the court adjusts a sentence under par. (g) on the basis of a change in law or

procedure as provided under par. (b) 3. and the total sentence length of the

adjusted sentence is greater than the maximum sentence length that the offender

could have received if the change in law or procedure had been applicable when

the inmate was originally sentenced, the court may reduce the length of the term

of extended supervision so that the total sentence length does not exceed the

maximum sentence length that the offender could have received if the change in

law or procedure had been applicable when the inmate was originally sentenced.

2. If the court adjusts a sentence under par. (g) on the basis of a change in law or

procedure as provided under par. (b) 3. and the adjusted term of extended

supervision is greater than 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, 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.


http://docs.legis.wisconsin.gov/document/statutes/302.113%289g%29%28g%293.

http://docs.legis.wisconsin.gov/document/statutes/973.195%281r%29%28d%29

http://docs.legis.wisconsin.gov/document/statutes/302.113%289g%29%28g%293.


http://docs.legis.wisconsin.gov/document/statutes/973.195%281r%29%28d%29

http://docs.legis.wisconsin.gov/document/statutes/973.195%281r%29%28g%29

http://docs.legis.wisconsin.gov/document/statutes/973.195%281r%29%28h%29


http://docs.legis.wisconsin.gov/document/statutes/973.195%281r%29%28b%293.


http://docs.legis.wisconsin.gov/document/statutes/973.195%281r%29%28b%293.

(i) An inmate may submit only one petition under this subsection for each sentence

imposed under s. 973.01.

Source:

2001 Act 109

2005 Acts 253, 277

2007 Act 97

2009 Act 28

2011 Acts 38, 258

2013 Act 168.


http://docs.legis.wisconsin.gov/document/acts/2001/109








sentence adjustment pro se packet § 973...

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