Truth in sentencing
Truth in sentencing calculator
Wisconsin sentencing guidelines
In June 1998 the Wisconsin Legislature enacted 1997 Wisconsin Act 283 (Act 283) creating a new criminal sentencing system. This legislation eliminated parole by replacing the state's indeterminate sentencing system with a truth-in-sentencing model. It also established a Criminal Penalties Study Committee (CPSC) that was charged with developing supplementary legislation and implementation recommendations. One charge of the CPSC was to draft temporary advisory sentencing guidelines. The CPSC developed and recommended the adoption of advisory sentencing guidelines applicable only to the 11 offenses that account for the majority of prison inmates. These temporary guidelines were enacted into law by the Wisconsin Legislature in 2001 Act 109 and became effective for offenses committed on or after February 1, 2003. The Wisconsin Sentencing Commission recently replaced these effective July 1, 2005. The new Wisconsin Sentencing Guidelines Notes and the Worksheets can be found on the Sentencing Commission’s Web site (external link).
While the sentencing court must consider the guidelines, departure from the sentence indicated by the guidelines is not a basis for appeal. They are not intended to replace the court's traditional exercise of discretion, and are to be applied consistent with existing case law. The guidelines apply to:
- Robbery Wis. Stat. §943.32(1)(a),(b)
- Armed Robbery Wis. Stat. §943.32(2)
- Burglary Wis. Stat. §943.10(1m)(a),(b),(c),(d),(e),(f)
- Theft (>$10,000) Wis. Stat. §943.20 (1)(a),(b),(c),(d),(e)
- Forgery/Uttering Wis. Stat. §943.38(1)(a),(b),(c),(d) and §943.38(2)
- Possession with Intent to Deliver Cocaine (1g or less) Wis. Stat. §961.41(1)(cm)
- Possession with Intent to Deliver THC (200g-1000g) Wis. Stat. §961.41(1m)(h)
- First Degree Sexual Assault Wis. Stat. §940.225(1)(a),(b),(c)
- Second Degree Sexual Assault Wis. Stat. §940.225(2)(a),(b),(c),(cm),(d),(f),(g),(h),(i)
- First Degree Sexual Assault of a Child Wis. Stat. §948.02(1)
- Second Degree Sexual Assault of a Child Wis. Stat. §948.02(2)
Completed sentencing guideline forms should be sent to:
Sentencing Commission
P.O. Box 7856
Madison, WI 53707-7856
Forms and procedures
Following are the links to the forms and procedures revised or created by the Records Management Committee (RMC) to comply with the 2001 Wisconsin Act 109 truth in sentencing laws. The following documents are in Adobe PDF  format.
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