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Sentencing Guidelines Worksheet - 1st Degree Sexual Assault - Wisconsin
| Sentencing Guidelines Worksheet - 1st Degree Sexual Assault Form. This is a Wisconsin form and can be used in Criminal Circuit Court Statewide . |
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Wisconsin Sentencing Guidelines Worksheet st 1 DEGREE SEXUAL ASSAULT Wis. Stat. 940.225(1) Offenders Last Name: ________________ First Name: ___________________M.I.: ____ Sex: M ? F ? Case No. :___________ County:________________ Sentencing Judge:________________________ Sentencing Date: __/__/__Date of Birth: __/__/__ Date of Offense: __/__/__ Custody at Sentence: Yes ? No ? Employed at Time of Offense: Yes ? No ?Race: White ? Black ? Native American ? Hispanic ? Asian ? Other ? _______________ Trial to: Judge ? Jury ? Plea: Guilty ? No Contest ? Alford ? I- Offense Severity Assessment A-Determine factors affecting severity of the first degree sexual assault: __Sexual intercourse; __Sexual contact. __Bodily harm beyond assault; __Other forms of harm; __Pregnancy. __Disease transmitted. State kind of disease ____________________ __Extreme degree of force;__Threats;__Abduction or restraint of victim;__Degradation of victim;__Other _________B-Assess harm caused by the offense: Consider the victims statement and needs and impact of crime on victim. __Offender targeted vulnerable victim. __Victim suffered bodily harm. __Victim otherwise harmed. How? ____________________ __Vulnerable victim. __Other. See Notes. ____________________________________________ C-Assess the offenders role in the offense. If more than one offender, determine: __Leader or organizer of criminal activity. __Involvement manipulated or pressured (but less than statutory coercion). __Minimal role. __Other ______________________________________________________ D- Statutory aggravating factors and penalty enhancers. Statutory aggravating factors. See Stat. 973.017 and Notes. __Committed against an elder (62 or over) person. __Committed in association with a gang. __Concealed, disguised, altered appearance to hinder identification. __Knowing transmission of certain sexually transmitted diseases. __Other______________________________________________ Penalty enhancers: Pleaded and proved Uncharged/Dismissed Dangerous weapon Stat. 939.63. Identify weapon ______________ o o [unless offense charged under 940.225(2)(1)(b)]. Hate crime Stat. 939.645. o o School zone Stat. 939.632. o o Domestic abuse Stat. 939.621. o o Other ________________________________________________ o oE-Other factors related to offense severity: __Defendant abused a position of trust or authority. __Conduct reflects more serious conduct than offense of conviction. __Other ________________________________________________________ II-Risk Assessment Evaluation Determine the defendants risk to public safety or to re-offend. See Notes Section II. Consider the nature of the risk that the defendant poses and conditions necessary to reduce risk. A-Factors that may suggest heightened/lesser risk: __Previous acts (whether or not convictions/adjudications). __Age. __Employment history. __Physical condition. __Mental health. __Mental health treatment/counseling. __Dependence on controlled substances. __Drug treatment. __Dependence on alcohol. __Alcohol treatment. __Performance on bail. __Other _________________ B-List (or attach) all convictions and/or juvenile adjudications including year and offense: _________________________________________________________________________________ _________________________________________________________________________________ <<<<<<<<<********>>>>>>>>>>>>> 2C-Criminal History. In assessing criminal history consider whether it overstates or understates future risk to public safety. Juvenile adjudications for acts that are crimes if committed by an adult should ordinarily be treated the same as criminal convictions. See Notes Section II-C for definition of violent offense, treatment of juvenile offense, and legal status. Assess criminal history with caution. Consider whether it fairly reflects risk to public safety or to re-offend. Consider if applicable: __Convictions old; __Multiple convictions same as (or similar to) previous offenses. __Other circumstances indicate conviction/adjudication an inappropriate indicator of risk.1-See Notes Section II-C-1: __Defendant not on legal status at time of the offense. __No criminal/juvenile history, particularly if defendant is older. Earlier convictions/adjudications for: __Non-violent misdemeanors. __One non-violent felony. 2-See Notes Section II-C-2: __Present offense is non-violent felony committed while the defendant on legal status. Earlier convictions/adjudications for: __Present offense same as (or similar to) previous offense. __Two or three non-violent felonies. __Two or three violent misdemeanors. __One violent felony. 3-See Notes Section II-C-3: __Present offense is violent felony committed while defendant on legal status. Earlier convictions/adjudications for: __Two or more offenses same as (or similar to) previous offense. __Four or more non-violent felonies. __Two or more violent felonies. __Four or more violent misdemeanors. st III-1 Degree Sexual Assault Chart Percent of all offenders placed on probation for this offense (1994 1998): _________________ Risk Assessment Lesser Medium High Probation to 5 Years Prison to 10 Years Prison to Mitigated 6 Years Prison 12 Years Prison 20 Years Prison 5 Years Prison to 10 Years Prison to 15 Years Prison to Intermediate 12 Years Prison 20 Years Prison 30 Years Prison 10 Years Prison to 15 Years Prison to 25 Years Prison to Aggravated 20 Years Prison 25 Years Prison 40 Years Prison Check the cell reflecting correct offense severity and risk assessment. -A Period of Extended Supervision must be assigned in all sentences; that period must be at least 25% of the prison component of the bifurcated sentence.IV-Adjustments to Sentence Indicated by Chart A-Punishment in the form of incarceration needed. ___ Yes ___ No. If yes, state reasons orally.B-Additional factors may warrant adjustment of the indicated sentence. __Read-in offenses. __Acceptance of responsibility. __Effect of multiple counts. __Cooperation with authorities. __District Attorney/defense attorney recommendation.__Habitual criminality __Restitution paid at great sacrifice before sentencing.__Other _________________ V-Imposition of Sentence If any, state conditions in addition to standard conditions of E.S./probation imposed to reduce risk to public safety.State if defendant eligible for boot camp.
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