SB115,9,53 *IT IS ADJUDGED That the defendant is ordered to serve a bifurcated
4sentence consisting of .... year(s) of confinement in prison and .... months/years of
5extended supervision.

SB115,9,86 *IT IS ADJUDGED That the defendant is placed in the intensive sanctions
7program subject to the limitations of section 973.032 (3) of the Wisconsin Statutes
8and the following conditions:....

SB115,9,119 *IT IS ADJUDGED That the defendant is hereby committed to detention in
10(the defendant's place of residence or place designated by judge) for a term of not
11more than....

SB115,9,1312 *IT IS ADJUDGED That the defendant is placed on lifetime supervision by the
13department of corrections under section 939.615 of the Wisconsin Statutes.

SB115,9,1514 *IT IS ADJUDGED That the defendant is ordered to pay a fine of $.... (and the
15costs of this action).

SB115,9,1616 *IT IS ADJUDGED That the defendant pay restitution to....

SB115,9,1817 *IT IS ADJUDGED That the defendant is restricted in his or her use of
18computers as follows:....

SB115,9,2019 *The.... at.... is designated as the Reception Center to which the defendant shall
20be delivered by the sheriff.

SB115,9,2221 *IT IS ORDERED That the clerk deliver a duplicate original of this judgment
22to the sheriff who shall forthwith execute the same and deliver it to the warden.

SB115,9,2323 Dated this.... day of...., .... (year)

SB115,9,2424 BY THE COURT....

SB115,9,2525 Date of Offense....,

SB115,10,1

---

1District Attorney....,

SB115,10,22 Defense Attorney....

SB115,10,33 *Strike inapplicable paragraphs.

SB115,10,44 STATE OF WISCONSIN

SB115,10,55 .... County

SB115,10,66 In.... Court

SB115,10,77 The State of Wisconsin

SB115,10,88 vs.

SB115,10,99 ....(Name of defendant)

SB115,10,1110 On the.... day of...., .... (year), the district attorney appeared for the state and
11the defendant appeared in person and by.... the defendant's attorney.

SB115,10,1212 UPON ALL THE FILES, RECORDS AND PROCEEDINGS

SB115,10,1413 IT IS ADJUDGED That the defendant has been found not guilty by the verdict
14of the jury (by the court) and is therefore ordered discharged forthwith.

SB115,10,1515 Dated this.... day of...., .... (year)

SB115,10,1616 BY THE COURT....

SB115,10,2118 973.01 (3) Not applicable to life or death sentences. If a person is being
19sentenced for a felony that is a crime that is punishable by death or life
20imprisonment, he or she is not subject to this section but shall be sentenced under
21s. 973.014 (1g) or 973.0145, whichever is applicable.

SB115,11,2 23973.0145 Sentence of death or life imprisonment. (1) If a defendant is
24convicted of an offense under s. 940.01 and the information charging the offense
25included a statement that the state seeks a sentence of death for the offense, the court

---

1shall conduct a separate sentencing hearing under this section to determine whether
2the defendant shall be sentenced to death or life imprisonment.

SB115,11,5 3(2) If at any time before the court pronounces sentence, the state notifies the
4court that it no longer seeks a sentence of death, the court may not impose a sentence
5of death.

SB115,11,10 6(3) The sentencing hearing shall be before a jury unless the defendant waives
7the right to a jury for sentencing. The trial jury shall serve as the sentencing jury
8unless the trial jury is unable to reconvene for the sentencing hearing, the defendant
9pleaded guilty, or the defendant waived the right to a jury at trial, in which case the
10court shall summon a new jury.

SB115,11,13 11(4) The parties may present evidence relating to the nature of the offense, the
12history and background of the defendant, and any mitigating circumstances, as well
13as deoxyribonucleic acid evidence related to the offense.

SB115,11,14 14(5) Mitigating circumstances may include any of the following:

SB115,11,1515 (a) The defendant has no significant history of prior criminal activity.

SB115,11,1716 (b) The offense was committed while the defendant was under the influence of
17extreme mental or emotional disturbance.

SB115,11,1918 (c) The offense was committed by more than one individual and the defendant's
19participation in the commission of the offense was relatively minor.

SB115,11,2120 (d) The defendant acted under extreme duress or under the substantial
21domination of another person.

SB115,11,2422 (e) The capacity of the defendant to appreciate the criminality of his or her
23conduct or to conform his or her conduct to the requirements of law was substantially
24impaired.

SB115,12,2

---

1(f) The age of the defendant at the time of the offense affected his or her
2judgment.

SB115,12,43 (g) The victim was a participant in the defendant's conduct or consented to the
4act.

SB115,12,55 (h) Any other factor bearing on a defendant's culpability for the offense.

SB115,12,12 6(6) The court shall instruct the jurors that a mitigating circumstance need not
7be found by all members of the jury and need only be proved to the satisfaction of an
8individual juror in order to be considered by the juror in making a sentence
9recommendation. If the defendant is ineligible for extended supervision under s.
10939.62 (2m) (c), the court shall inform the jurors that if the jury does not recommend
11imposition of a sentence of death the defendant will be sentenced to life
12imprisonment without the possibility of release to extended supervision.

SB115,12,14 13(7) (a) The court may not impose a sentence of death unless the jury or, if the
14hearing is before the court without a jury, the court finds that the offense was vicious.

SB115,12,1815 (b) The jury and court shall consider any deoxyribonucleic acid evidence that
16is related to the offense or the absence of any such deoxyribonucleic acid evidence and
17shall consider evidence of mitigating circumstances in determining whether a
18sentence of death is appropriate.

SB115,12,22 19(8) (a) If the jury unanimously recommends a sentence of death, the court shall
20impose a sentence of death, except that if the court finds that a sentence of death is
21not appropriate the court shall impose a sentence of life imprisonment under s.
22973.014.

SB115,12,2423 (b) If the jury does not unanimously recommend a sentence of death, the court
24shall impose a sentence of life imprisonment under s. 973.014.

SB115,13,3

---

1(c) If the hearing is before the court without a jury, the court shall consider the
2factors described under sub. (7) (b) and impose a sentence of death or life
3imprisonment under s. 973.014.

SB115,13,5 4(9) The court may not impose a sentence of death on a person who is mentally
5retarded.

SB115,13,11 6(10) If the court imposes a sentence of death, the judgment of conviction and
7sentence of death are subject to automatic review by the supreme court within 60
8days after certification by the sentencing court of the entire record, unless the
9supreme court, for good cause shown, extends the time for an additional period not
10to exceed 30 days. The review by the supreme court has priority over all other cases
11and shall be heard in accordance with rules promulgated by the supreme court.

SB115,13,14 12(11) The court that imposes a sentence of death shall set the date for execution.
13The defendant shall be committed to the Wisconsin state prisons pending the
14execution of the death sentence.

SB115,13,15 15(12) The execution of a death sentence shall be by lethal injection.

SB115,14,5 17973.0147 Execution of death sentence; stay of execution. The secretary
18of corrections shall designate the executioner who shall provide a person subject to
19a death sentence with an intravenous injection of one or more substances in a lethal
20quantity. A person is immune from civil or criminal liability for his or her acts or
21omissions, in good faith, in regard to a lawful execution under this section. The
22secretary may not direct a physician to be present or require a physician to announce
23when death has occurred. A physician may certify the death after a person, other
24than a physician, has determined or pronounced death. The secretary shall
25designate 12 citizens to witness the execution. The convicted person may request

---

1that certain additional people be allowed to witness the execution. The secretary
2shall grant any such reasonable request. The secretary may allow representatives
3of the news media to witness the execution under rules of the department. No other
4persons may be allowed to witness the execution. The execution of a death sentence
5may be stayed only by the governor or incident to an appeal.

SB115,14,97 973.09 (1) (c) When a person is convicted of any crime which that is a crime that
8is punishable by death or life imprisonment, the court shall may not place the person
9on probation.

SB115,14,1111 973.15 (2m) (a) 2. c. A sentence of death under s. 973.0145.

SB115,14,1913 978.07 (1) (c) 1. Any Except if subd. 1m. applies, any case record of a felony
14punishable by life imprisonment or a related case, after the defendant's parole
15eligibility date under s. 304.06 (1) or 973.014 (1) or date of eligibility for release to
16extended supervision under s. 973.014 (1g) (a) 1. or 2., whichever is applicable, or 50
17years after the commencement of the action, whichever occurs later. If there is no
18parole eligibility date or no date for release to extended supervision, the district
19attorney may destroy the case record after the defendant's death.

SB115,14,2421 978.07 (1) (c) 1m. Any case record of a felony that is a crime that is punishable
22by death or life imprisonment under s. 973.0145 or a related case, 20 years after the
23person's death, or 50 years after the commencement of the action, whichever occurs
24later.