The court may require that the defendant perform community service work for a public agency or a nonprofit charitable organization. The number of hours of work required may not exceed what would be reasonable considering the seriousness of the offense and any other offense which is read into the record at the time of conviction. An order may only apply if agreed to by the defendant and the organization or agency. The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored.
Any organization or agency acting in good faith to which a defendant is assigned pursuant to an order under this subsection has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the defendant.
If a defendant fails to pay the fine, assessment, surcharge or restitution payment within the period specified under sub. (1)
, the court may do any of the following:
Issue a judgment for the unpaid amount and direct the clerk to file and docket a transcript of the judgment, without fee. If the court issues a judgment for the unpaid amount, the court shall send to the defendant at his or her last-known address written notification that a civil judgment has been issued for the unpaid fine, assessment, surcharge or restitution payment. The judgment has the same force and effect as judgments docketed under s. 806.10
Issue an order assigning not more than 25% of the defendant's commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102
and other money due or to be due in the future to the clerk of circuit court for payment of the unpaid fine, assessment, surcharge or restitution payment. In this paragraph, "employer" includes the state and its political subdivisions.
Issue an order assigning lottery prizes won by a defendant whose name is on the list supplied to the clerk of circuit court under s. 565.30 (5r) (a)
, for payment of the unpaid fine, assessment, surcharge or restitution payment.
As provided in s. 767.265 (4)
, a child support withholding assignment under state law has priority over any assignment or order under sub. (4)
Upon entry of the assignment under sub. (4) (b)
, unless the court finds that income withholding is likely to cause the defendant irreparable harm, the court shall provide notice of the assignment by regular mail to the last-known address of the person from whom the defendant receives or will receive money. If the clerk of circuit court does not receive the money from the person notified, the court shall provide notice of the assignment to any other person from whom the defendant receives or will receive money. Notice of an assignment under sub. (4) (b)
shall inform the intended recipient that, if a prior assignment under sub. (4) (b)
has been received relating to the same defendant, the recipient is required to notify the clerk of circuit court that sent the subsequent notice of assignment that another assignment has already been received. A notice of assignment shall include a form permitting the recipient to designate on the form that another assignment has already been received.
If, after receiving the annual list under s. 565.30 (5r) (a)
, the clerk of circuit court determines that a person identified in the list may be subject to an assignment under sub. (4) (c)
, the clerk shall inform the court of that determination. If the court issues an order under sub. (4) (c)
, the clerk of circuit court shall send the notice of that order to the administrator of the lottery division of the department of revenue, including a statement of the amount owed under the judgment and the name and address of the person owing the judgment. The court shall notify the administrator of the lottery division of the department of revenue when the judgment that is the basis of the assignment has been paid in full.
Notice under this paragraph may be a notice of the court, a copy of the executed assignment or a copy of that part of the court order which directs payment.
For each payment made under the assignment under sub. (4) (b)
, the person from whom the defendant under the order receives money shall receive an amount equal to the person's necessary disbursements, not to exceed $3, which shall be deducted from the money to be paid to the defendant.
A person who receives notice of the assignment under sub. (4) (b)
shall withhold the amount specified in the notice from any money that person pays to the defendant later than one week after receipt of the notice of assignment. Within 5 days after the day on which the person pays money to the defendant, the person shall send the amount withheld to the clerk of circuit court of the jurisdiction providing notice. If the person has already received a notice of an assignment under sub. (4) (b)
, the person shall retain the later assignment and withhold the amount specified in that assignment after the last of any prior assignments is paid in full. Within 10 days of receipt of the later notice, the person shall notify the clerk of circuit court that sent the notice that the person has received a prior notice of an assignment under sub. (4) (b)
. Section 241.09
does not apply to assignments under this section.
If after receipt of notice of assignment under par. (a) 1.
the person from whom the defendant receives money fails to withhold the money or send the money to the clerk of circuit court as provided in this subsection, the person may be proceeded against under the principal action under ch. 785
for contempt of court or may be proceeded against under ch. 778
and be required to forfeit not less than $50 nor more than an amount, if the amount exceeds $50, that is equal to 1% of the amount not withheld or sent.
If an employer who receives notice of an assignment under sub. (4) (b)
fails to notify the clerk of circuit court within 10 days after an employee is terminated or otherwise temporarily or permanently leaves the employer's employment, the employer may be proceeded against under the principal action under ch. 785
for contempt of court.
Compliance by the person from whom the defendant receives money with the order operates as a discharge of the person's liability to the defendant as to that portion of the defendant's commission, earnings, salaries, wages, benefits or other money so affected.
No employer may use an assignment under sub. (4) (b)
as a basis for the denial of employment to a defendant, the discharge of an employee or any disciplinary action against an employee. An employer who denies employment or discharges or disciplines an employee in violation of this paragraph may be fined not more than $500 and may be required to make full restitution to the aggrieved person, including reinstatement and back pay. Restitution shall be in accordance with s. 973.20
. An aggrieved person may apply to the district attorney or to the department of workforce development for enforcement of this paragraph.
If after an assignment is in effect the defendant's employer changes its payroll period, or the defendant changes employers and the new employer's payroll period is different from the former employer's payroll period, the clerk may, unless otherwise ordered by a judge, amend the withholding assignment or order so that all of the following apply:
The withholding frequency corresponds to the new payroll period.
The amounts to be withheld reflect the adjustment to the withholding frequency.
The clerk shall provide notice of the amended withholding assignment or order under par. (i)
by regular mail to the defendant's employer and to the defendant.
History: 1977 c. 29
; 1979 c. 34
; 1981 c. 20
; 1983 a. 27
; 1985 a. 36
; 1987 a. 27
; 1989 a. 64
; 1991 a. 39
; 1993 a. 16
; 1995 a. 227
; 1997 a. 3
; 1999 a. 9
; 2001 a. 16
Sections 973.05 (1), permitting a delay of 60 days for payment of a fine, and 973.07, providing commitment to jail for nonpayment, are constitutional since the court may stay the sentence and put the defendant on probation. The burden of proving inability to pay is on the defendant. State ex rel. Pedersen v. Blessinger, 56 Wis. 2d 286
, 201 N.W.2d 778
Trial courts are encouraged to use the installment method when dealing with indigent defendants; the installment period may exceed 60 days. Will v. State, 84 Wis. 2d 397
, 267 N.W.2d 357
A court cannot impose probation or order a defendant to perform community work in lieu of imposing a statutorily required minimum jail sentence. 71 Atty. Gen. 41
Domestic abuse assessments. 973.055(1)
If a court imposes a sentence on an adult person or places an adult person on probation, regardless of whether any fine is imposed, the court shall impose a domestic abuse assessment of $50 for each offense if:
The court convicts the person of a violation of a crime specified in s. 940.01
, 940.20 (1m)
or of a municipal ordinance conforming to s. 940.201
The court finds that the conduct constituting the violation under subd. 1.
involved an act by the adult person against his or her spouse or former spouse, against an adult with whom the adult person resides or formerly resided or against an adult with whom the adult person has created a child; or
If the assessment is imposed by a court of record, after the court determines the amount due, the clerk of the court shall collect and transmit the amount to the county treasurer as provided in s. 59.40 (2) (m)
. The county treasurer shall then make payment to the state treasurer as provided in s. 59.25 (3) (f) 2.
If the assessment is imposed by a municipal court, after a determination by the court of the amount due, the court shall collect and transmit the amount to the treasurer of the county, city, town, or village, and that treasurer shall make payment to the state treasurer as provided in s. 66.0114 (1) (bm)
All moneys collected from domestic abuse assessments shall be deposited by the state treasurer in s. 20.435 (3) (hh)
and utilized in accordance with s. 46.95
A court may waive part or all of the domestic abuse assessment under this section if it determines that the imposition of the full assessment would have a negative impact on the offender's family.
Except as provided in s. 93.20
, the costs taxable against the defendant shall consist of the following items and no others:
The necessary disbursements and fees of officers allowed by law and incurred in connection with the arrest, preliminary examination and trial of the defendant, including, in the discretion of the court, the fees and disbursements of the agent appointed to return a defendant from another state or country.
Moneys expended by a law enforcement agency under all of the following conditions:
The agency expended the moneys to purchase a controlled substance or controlled substance analog that was distributed in violation of ch. 961
The moneys were expended in the course of an investigation that resulted in the defendant's conviction.
The moneys were used to obtain evidence of the defendant's violation of the law.
The agency has not previously been reimbursed or repaid for the expended moneys by the defendant.
Fees and travel allowance of witnesses for the state at the preliminary examination and the trial.
Fees and disbursements allowed by the court to expert witnesses. Section 814.04 (2)
shall not apply in criminal cases.
Fees and travel allowance of witnesses for the defense incurred by the county at the request of the defendant, at the preliminary hearing and the trial.
Attorney fees payable to the defense attorney by the county or the state. If the court determines at the time of sentencing that the defendant's financial circumstances are changed, the court may adjust the amount in accordance with s. 977.07 (1) (a)
An amount determined by the court to make a reasonable contribution to any of the following, if the court determines that the person has the financial ability to make the contribution and the contribution is appropriate:
A private nonprofit organization that has as its primary purpose preventing crime, encouraging the public to report crime or assisting law enforcement agencies in the apprehension of criminal offenders.
A law enforcement agency that has a crime prevention fund, if the contribution is credited to the crime prevention fund and is used for crime prevention purposes.
If the court does require a person to make a contribution to an organization or agency specified in subd. 1.
but does not require the person to pay any fine that may be imposed for the offense or court costs, the court shall state on the record the reasons why it is not requiring the person to pay the fine or court costs. All contributions made under this paragraph shall be made to the clerk of circuit court for distribution to the organization or agency specified in subd. 1.
The court may not order a person to make a contribution under this paragraph to a crime prevention organization that has not complied with the provisions of s. 757.17
An amount equal to 10% of any restitution ordered under s. 973.20
, payable to the county treasurer for use by the county.
The cost of performance of a test under s. 968.38
, if ordered by the court.
The court may remit the taxable costs, in whole or in part.
If the court orders payment of restitution, collection of costs shall be as provided under s. 973.20
An accused who cancels a jury trial at the last moment to accept a plea bargain risks both taxation of costs under s. 973.06 and assessment of jury fees under s. 814.51. State v. Foster, 100 Wis. 2d 103
, 301 N.W.2d 192
A court may not order reimbursement of a law enforcement agency for routine investigative activities. State v. Peterson, 163 Wis. 2d 800
, 472 N.W.2d 571
(Ct. App. 1991).
Contribution under sub. (1) (e) toward a defendant's attorney fees payable by the county may not be taxed in an order separate from the sentence. State v. Grant, 168 Wis. 2d 682
, 484 N.W.2d 371
(Ct. App. 1992).
Sub. (1) (c) does not limit recovery of expert witness fees to fees for court appointed witnesses. State v. Schmaling, 198 Wis. 2d 757
, 543 N.W.2d 555
(Ct. App. 1995).
A court was authorized to order that a defendant pay the cost of DNA testing by a private laboratory as a cost under this section. State v. Beiersdorf, 208 Wis. 2d 492
, 561 N.W.2d 749
(Ct. App. 1997).
Expenses incurred by a sheriff's department in transporting a witness from a Florida corrections facility to testify at the defendant's trial were chargeable to the defendant under s. 973.06 (1) (a). State v. Bender, 213 Wis. 2d 338
, 570 N.W.2d 590
(Ct. App. 1997).
For costs to be imposed under sub. (1) (am), all the listed conditions must be met. State v. Neave, 220 Wis. 2d 786
, 585 N.W.2d 169
(Ct. App. 1998).
A crime prevention organization under sub. (1) (f) is an organization designed to encourage the public to report incidences of crime to law enforcement agencies and to assist those agencies in apprehending criminals. It does not include law enforcement agencies. State v. Bizzle, 222 Wis. 2d 100
, 585 N.W.2d 899
(Ct. App. 1998).
Sub. (1) (c) authorized the taxation of the costs of an expert's medical examination when the development of that evidence was used in the prosecution of the defendant, even though the examination was not done in contemplation of trial and the expert witness did not testify. State v. Rohe, 230 Wis. 2d 294
,602 N.W.2d 125
(Ct. App. 1999).
"Disbursements and fees" are given the same meaning in sub. (1) (a) and (c). Whether the expenses associated with orders to produce a defendant are taxable "fees of officers" under sub. (1) (a) depends upon whether they are ordinarily charged to and payable by another or are merely internal operating expenses of a governmental unit. State v. Dismuke, 2001 WI 75, 244 Wis. 2d 457
, 628 N.W.2d 791
The obligation of a defendant under this section is not dischargeable in bankruptcy. Matter of Zarzynski, 771 F.2d 304
Right to counsel; repayment of cost of court-appointed counsel as a condition of probation. 56 MLR 551.
Failure to pay fine or costs or to comply with certain community service work.
If the fine, costs, penalty assessment, jail assessment, crime victim and witness assistance surcharge, crime laboratories and drug law enforcement assessment, applicable deoxyribonucleic acid analysis surcharge, applicable drug abuse program improvement surcharge, applicable consumer protection assessment, applicable domestic abuse assessment, applicable driver improvement surcharge, applicable truck driver education assessment, applicable enforcement assessment under s. 253.06 (4) (c)
, applicable weapons assessment, applicable uninsured employer assessment, applicable environmental assessment, applicable wild animal protection assessment, applicable natural resources assessment, and applicable natural resources restitution payments are not paid or community service work under s. 943.017 (3)
is not completed as required by the sentence, the defendant may be committed to the county jail until the fine, costs, penalty assessment, jail assessment, crime victim and witness assistance surcharge, crime laboratories and drug law enforcement assessment, applicable deoxyribonucleic acid analysis surcharge, applicable drug abuse program improvement surcharge, applicable consumer protection assessment, applicable domestic abuse assessment, applicable driver improvement surcharge, applicable truck driver education assessment, applicable enforcement assessment under s. 253.06 (4) (c)
, applicable weapons assessment, applicable uninsured employer assessment, applicable environmental assessment, applicable wild animal protection assessment, applicable natural resources assessment or applicable natural resources restitution payments are paid or discharged, or the community service work under s. 943.017 (3)
is completed, for a period fixed by the court not to exceed 6 months.
Sections 973.05 (1) permitting a delay of 60 days for payment of a fine and s. 973.07 allowing commitment to jail for nonpayment are constitutional, since the court may stay the sentence and put defendant on probation. The burden of proving inability to pay is on the defendant. State ex rel. Pedersen v. Blessinger, 56 Wis. 2d 286
, 201 N.W.2d 778
When a a fine and payment schedule are reasonably suited to an offender's means, the offender carries a heavy burden of showing inability to pay. Will v. State, 84 Wis. 2d 397
, 267 N.W.2d 357
Commitment under this section may be consecutive to another term of incarceration. State v. Way, 113 Wis. 2d 82
, 334 N.W.2d 918
(Ct. App. 1983).
The 6- month limit on commitments under this section is the aggregate amount of time a defendant may be jailed for nonpayment of a fine. State v. Schuman, 173 Wis. 2d 743
, 496 N.W.2d 684
(Ct. App. 1993).
Incarceration as a means of collecting a fine is limited to 6 months by this section. It was error for a court to make payment of an old, unpaid fine a condition of probation for a new conviction when violation of probation exposed the defendant to incarceration of more than 6 months. State v. Oakley, 2000 WI 37, 234 Wis. 2d 528
, 609 N.W.2d 786
Forfeiture of property derived from crime and certain vehicles. 973.075(1)(a)
All property, real or personal, including money, directly or indirectly derived from or realized through the commission of any crime.
To transport any property or weapon used or to be used or received in the commission of any felony.