Wisconsin Petition to Modify Bifurcated Sentence 302.113(9g) (Geriatric/Extraordinary Health Condition) is a legal process that allows elderly individuals or individuals with extraordinary health conditions to petition the court for a modification to a bifurcated sentence that they have received. This petition seeks to modify the sentence so that the individual can receive a less severe sentence, in order to better serve their needs. There are two types of petitions that can be filed under this statute: geriatric petitions and extraordinary health condition petitions. Geriatric petitions are filed by individuals who are over the age of sixty-five and are in need of a lighter sentence due to their age. Extraordinary health condition petitions are filed by individuals who have a severe and debilitating medical condition or disability that prevents them from serving the full sentence and requires a lighter sentence. In either case, the petitioner must prove to the court that they are in need of a modified sentence in order to best serve their needs. If the petition is successful, the court may reduce the sentence, or modify it in some other way to better suit the individual's needs.
Wisconsin Petition to Modify Bifurcated Sentence 302.113(9g) (Geriatric/Extraordinary Health Condition)
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FAQ
What Is The Statute Of Limitations For Drug Charges In Wisconsin? The statute of limitations on drug charges depends on whether those charges are classed as misdemeanors or felonies. Generally, misdemeanor charges have a three-year limit for filing and felonies have a six-year limit.
302.113(9g)(a)1. 1. ?Extraordinary health condition" means a condition afflicting a person, such as advanced age, infirmity, or disability of the person or a need for medical treatment or services not available within a correctional institution.
Wisconsin provides compassionate release to incarcerated individuals who are older or who have serious medical conditions through (1) Sentence Modification Due to Extraordinary Health Condition or Age1 and (2) Parole Due to Extraordinary Circumstances.
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.
A defendant can seek sentence modification in two ways: 1) moving for modification as a matter of right under this section, to assert an erroneous exercise of discretion based on excessiveness, undue harshness, or unconscionability; or 2) moving for discretionary review, invoking the inherent power of the circuit court
Only offenders on probation or parole are eligible for early discharge, including those supervised in another state under Interstate Compact. Offenders on Extended Supervision are not eligible for early discharge.
Assault and Battery: 2 years (Wis. Stat. Ann. § 893.57)