Bifurcated sentence of imprisonment and extended supervision

Wis. Stat. § 973.01 — under SENTENCING.

Wis. Stat. § 973.01

973.01 Bifurcated sentence of imprisonment and extended supervision. (1) BIFURCATED SENTENCE REQUIRED. Except as provided in sub. (3), 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 shall impose a bifurcated sentence under this section. (2) STRUCTURE OF BIFURCATED SENTENCES. A bifurcated sentence is a sentence that consists of a term of confinement in prison followed by a term of extended supervision under s. 302.113. The total length of a bifurcated sentence equals the length of the term of confinement in prison plus the length of the term of extended supervision. An order imposing a bifurcated sentence under this section shall comply with all of the following: (a) Total length of bifurcated sentence. Except as provided in par. (c), the total length of the bifurcated sentence may not exceed the maximum period of imprisonment specified in s. 939.50 (3), if the crime is a classified felony, or the maximum term of imprisonment provided by statute for the crime, if the crime is not a classified felony, plus additional imprisonment authorized by any applicable penalty enhancement statutes. (b) Confinement portion of bifurcated sentence. The portion of the bifurcated sentence that imposes a term of confinement in prison may not be less than one year and, except as provided in par. (c), is subject to whichever of the following limits is applicable: 1. For a Class B felony, the term of confinement in prison may not exceed 40 years. 3. For a Class C felony, the term of confinement in prison may not exceed 25 years. 4. For a Class D felony, the term of confinement in prison may not exceed 15 years. 5. For a Class E felony, the term of confinement in prison may not exceed 10 years.

973.075 973.076 973.077 973.08 973.09 973.10 973.11 973.12 973.123 973.125 973.13 973.135 973.137 973.14 973.15 973.155 973.16 973.17 973.176 973.18 973.19 973.195 973.198 973.20 973.25

Forfeiture of property derived from crime and certain vehicles. Forfeiture proceedings. Burden of proof; liabilities. Records accompanying prisoner. Probation. Control and supervision of probationers. Placements with volunteers in probation program. Sentence of a repeater or persistent repeater. Sentence for certain violent offenses; use of a firearm. Notice of lifetime supervision for serious sex offenders. Excessive sentence, errors cured. Courts to report convictions to the state superintendent of public instruction. Courts to report convictions to the department of transportation. Sentence to house of correction. Sentence, terms, escapes. Sentence credit. Time out. Judgment against a corporation or limited liability company. Notice of restrictions. Notice of rights to appeal and representation. Motion to modify sentence. Sentence adjustment. Sentence adjustment; positive adjustment time. Restitution. Certificates of qualification for employment.

6m. For a Class F felony, the term of confinement in prison may not exceed 7 years and 6 months. 7. For a Class G felony, the term of confinement in prison may not exceed 5 years. 8. For a Class H felony, the term of confinement in prison may not exceed 3 years. 9. For a Class I felony, the term of confinement in prison may not exceed one year and 6 months. 10. For any crime other than one of the following, the term of confinement in prison may not exceed 75 percent of the total length of the bifurcated sentence: a. A felony specified in subds. 1. to 9. b. An attempt to commit a classified felony if the attempt is punishable under s. 939.32 (1) (intro.). (c) Penalty enhancement. 1. Subject to the minimum period of extended supervision required under par. (d), the maximum term of confinement in prison specified in par. (b) may be increased by any applicable penalty enhancement statute. If the maximum term of confinement in prison specified in par. (b) is increased under this paragraph, the total length of the bifurcated sentence that may be imposed is increased by the same amount. 2. If more than one of the following penalty enhancement statutes apply to a crime, the court shall apply them in the order listed in calculating the maximum term of imprisonment for that crime: a. Sections 939.621, 939.623, 939.632, 939.635, 939.645, 946.42 (4), 961.442, 961.46, and 961.49. b. Section 939.63. c. Section 939.62 (1) or 961.48. (d) Minimum and maximum term of extended supervision. The term of extended supervision may not be less than 25 percent of the length of the term of confinement in prison imposed under par. (b) and, for a classified felony, is subject to whichever of the following limits is applicable: 1. For a Class B felony, the term of extended supervision may not exceed 20 years.

May 22, 2026, are designated by NOTES. (Published 5-22-26)

973.01

SENTENCING

2. For a Class C felony, the term of extended supervision may not exceed 15 years. 3. For a Class D felony, the term of extended supervision may not exceed 10 years. 4. For a Class E, F, or G felony, the term of extended supervision may not exceed 5 years. 5. For a Class H felony, the term of extended supervision may not exceed 3 years. 6. For a Class I felony, the term of extended supervision may not exceed 2 years. (3) NOT APPLICABLE TO LIFE SENTENCES. If a person is being sentenced for a felony that is punishable by life imprisonment, he or she is not subject to this section but shall be sentenced under s.