Officials: Bill Under Consideration Would Spur Prison Construction

MADISON, Wis. — A new law that would increase penalties for sex offenders under consideration by the state Senate in Wisconsin would require construction of three prisons that would cost the state $153 million, according to prison officials.

The law is based on “Jessica’s Bill,” legislation passed in Florida that boosted penalties for sex offenders after the 2005 rape and murder of 12-year-old Jessica Lunsford.

The Wisconsin legislation passed in November by the state Assembly would have imposed a 25-year-minimum mandatory sentence for most sexual assault cases involving children, but legislators decided to alter the bill dramatically to spare victims from being forced to testify in court.

Victims’ rights advocates lobbied legislators to change the bill because when faced with a 25-year prison sentence, defendants would be more likely to go on trail, which could be emotionally painful for victims, instead of pleading guilty or striking a deal with prosecutors. Concerns were also raised because broad wording in the legislation would have held a wide range of offenders to the same guidelines.

The new version of the legislation would allow prosecutors discretion to use the sentencing guidlines on a case-by-case basis. The 25-year minimum sentence was maintained for the most serious offenders, while a five-year-minimum mandatory sentence would be imposed on offenders charged with sexual contact with children under 16.

The legislation initially introduced to legislators would have caused the state’s inmate population to swell by 9,000 over 25 years and it would have cost $400 million in prison construction.