LRB-2730/3
RLR&MGD:kjf&kg:rs
2003 - 2004 LEGISLATURE
October 27, 2003 - Introduced by Representatives McCormick, Bies, Coggs, Colon,
Cullen, Gronemus, Hahn, Hebl, Hines, Johnsrud, Krawczyk, Kreibich,
Miller, Ott, Petrowski, Pocan, Richards, Sherman, Shilling, Staskunas,
Taylor, Turner, Van Roy
and Weber, cosponsored by Senators Lassa, M.
Meyer, Moore, Risser, Roessler
and Wirch. Referred to Committee on
Corrections and the Courts.
AB616,1,12 1An Act to repeal 20.550 (1) (ja), 51.45 (12) (b) 2., 977.07 (2) and 977.08 (2) (d);
2to renumber and amend 967.06; to consolidate, renumber and amend
351.45 (12) (b) (intro.), 1. and 3.; to amend 20.550 (1) (f), 20.550 (1) (fb), 51.15
4(9), 51.20 (3), 51.20 (18) (c), 51.35 (1) (e) 1., 51.35 (1) (e) 2. c., 51.45 (12) (c) 2.,
551.45 (13) (b) 2., 51.45 (13) (d), 51.45 (13) (j), 51.45 (16) (c), 55.06 (11) (a), 303.065
6(5) (dm), 809.30 (2) (d), 814.69 (1) (a), 880.33 (2) (a) 2., 973.06 (1) (e), 977.02 (2m),
7977.02 (3), 977.05 (4) (gm), 977.05 (4) (h), 977.05 (4) (i) 4., 977.06 (1) (a), 977.06
8(1m), 977.06 (2) (a), 977.06 (2) (am), 977.07 (1) (a), 977.07 (1) (c), 977.08 (1),
9977.08 (2) (intro.) and 977.085 (3); and to create 20.550 (1) (j), 20.550 (1) (ja),
1051.60, 55.06 (11) (bm), 967.06 (2) (b) and 977.07 (2g) of the statutes; relating
11to:
indigency determinations and provision of legal services by the State Public
12Defender and making appropriations.
Analysis by the Legislative Reference Bureau
Under current law, the State Public Defender (SPD) provides counsel to
represent people in various legal proceedings, including criminal proceedings that

may result in imprisonment, emergency detention or involuntary civil commitment
proceedings, proceedings for the protective placement of an adult, paternity
determinations, and juvenile delinquency proceedings. The SPD provides counsel
to children regardless of the child's income or assets, but only provides counsel to
adults whom the SPD determines are indigent.
Current law provides that a person is indigent for purposes of SPD
representation if the person's income and assets, after deduction for reasonable and
necessary living expenses, are insufficient to cover the cost of effective legal
representation. Current law equates reasonable and necessary living expenses with
benefit amounts under the former Aid to Families with Dependent Children
program.
However, in determining whether a person can afford counsel, courts are not
limited by the SPD indigency criteria. If a person is the subject of a legal proceeding
for which appointed counsel is a right for persons who cannot afford counsel, and the
person offers proof that he or she cannot afford counsel, the court must
independently review the person's circumstances. If the court finds that the person
cannot afford counsel and does not meet the criteria for SPD appointment, the court
must appoint private counsel and the county in which the court sits must pay the
appointed counsel.
Effective January 1, 2004, this bill changes the criteria for determining
indigency for purposes of SPD representation. Under the bill, a person is indigent
for purposes of SPD representation if he or she meets the financial eligibility criteria
for the Wisconsin Works program (the person's household income does not exceed
115% of the federal poverty line and the person's household assets, after excluding
up to $10,000 for a vehicle and the value of the person's home, do not exceed $2,500),
except that the asset exclusion for a home is limited to $30,000 for SPD
representation.
The bill further requires that counties reimburse the SPD for providing counsel
to persons who qualify as indigent under the bill, but who would not qualify as
indigent under current law. The reimbursement requirement applies to cases for
which the SPD assigns counsel on or after January 1, 2004, and before June 26, 2005.
The bill requires the SPD to charge counties specified amounts based on the type of
case for which counsel is provided, for example, a homicide, a misdemeanor, or a civil
commitment. The bill also provides the State Public Defender Board position
authority to hire 44.25 full-time equivalent positions on January 1, 2004, to be
funded from the fees paid by counties. These positions are converted to general
purpose revenue positions on June 26, 2005.
Finally, effective January 1, 2004, the bill requires the SPD to provide legal
representation to any person, regardless of whether the person is indigent, who seeks
SPD representation and is the subject of an involuntary commitment proceeding for
mental health or alcoholism treatment, a protective placement proceeding, or a
proceeding to appoint a guardian because the person is alleged to be not competent
to refuse psychotropic medication.

For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB616, s. 1 1Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated: - See PDF for table PDF
AB616, s. 2 3Section 2. 20.550 (1) (f) of the statutes is amended to read:
AB616,3,84 20.550 (1) (f) Transcripts, discovery, and interpreters. The amounts in the
5schedule for the costs of interpreters and discovery materials and for the
6compensation of court reporters or clerks of circuit court for preliminary
7examination, trial, and appeal transcripts, and the payment of related costs under
8s. 967.06 (3).
AB616, s. 3 9Section 3. 20.550 (1) (fb) of the statutes is amended to read:
AB616,3,1310 20.550 (1) (fb) Payments from clients; administrative costs. The amounts in the
11schedule for the costs of determining, collecting and processing the payments
12received from persons as payment for legal representation under s. 977.07 (2),
13977.075 or 977.076.
AB616, s. 4 14Section 4. 20.550 (1) (j) of the statutes is created to read:
AB616,4,6
120.550 (1) (j) Payments from counties; private bar and investigator
2reimbursement.
All moneys received from fees paid by counties under 2003
3Wisconsin Act .... (this act), section 46 (1), after deducting the amounts appropriated
4under par. (ja), to reimburse private attorneys and contract for the services of private
5investigators in cases for which counties pay a fee under 2003 Wisconsin Act .... (this
6act), section 46 (1).
AB616, s. 5 7Section 5. 20.550 (1) (ja) of the statutes is created to read:
AB616,4,138 20.550 (1) (ja) Payments from counties; state public defender representation.
9As a continuing appropriation, from the moneys received from fees paid by counties
10under 2003 Wisconsin Act .... (this act), section 46 (1), the amounts in the schedule
11for the costs of representation provided by the office of the state public defender in
12cases for which counties pay a fee under 2003 Wisconsin Act .... (this act), section 46
13(1).
AB616, s. 6 14Section 6 . 20.550 (1) (ja) of the statutes, as created by 2003 Wisconsin Act ....
15(this act), is repealed.
AB616, s. 7 16Section 7. 51.15 (9) of the statutes is amended to read:
AB616,4,2417 51.15 (9) Notice of rights. At the time of detention the individual shall be
18informed by the director of the facility or such person's designee, both orally and in
19writing, of his or her right to contact an attorney and a member of his or her
20immediate family, the right to have an attorney provided at public expense, as
21provided under s. 967.06 and ch. 977, if the individual is a child or is indigent, 51.60,
22and
the right to remain silent and that the individual's statements may be used as
23a basis for commitment. The individual shall also be provided with a copy of the
24statement of emergency detention.
AB616, s. 8 25Section 8. 51.20 (3) of the statutes is amended to read:
AB616,5,7
151.20 (3) Legal counsel. At the time of the filing of the petition the court shall
2assure that the subject individual is represented by adversary counsel . If the
3individual claims or appears to be indigent, the court shall refer the person to the
4authority for indigency determinations specified under s. 977.07 (1). If the
5individual is a child, the court shall refer that child
by referring the individual to the
6state public defender, who shall appoint counsel for the child individual without a
7determination of indigency, as provided in s. 48.23 (4) 51.60.
AB616, s. 9 8Section 9. 51.20 (18) (c) of the statutes is amended to read:
AB616,5,159 51.20 (18) (c) Expenses of the proceedings from the presentation of the
10statement of emergency detention or petition for commitment to the conclusion of the
11proceeding shall be allowed by the court and paid by the county from which the
12subject individual is detained, committed, or released, in the manner that the
13expenses of a criminal prosecution are paid, as provided in s. 59.64 (1). Payment of
14attorney fees for appointed attorneys in the case of children and indigents appointed
15under s. 51.60
shall be in accordance with ch. 977.
AB616, s. 10 16Section 10. 51.35 (1) (e) 1. of the statutes is amended to read:
AB616,5,2517 51.35 (1) (e) 1. Whenever any transfer between different treatment facilities
18results in a greater restriction of personal freedom for the patient and whenever the
19patient is transferred from outpatient to inpatient status, the department or the
20county department specified under par. (a) shall inform the patient both orally and
21in writing of his or her right to contact an attorney and a member of his or her
22immediate family, the right to have counsel provided at public expense, as provided
23under s. 967.06 and ch. 977, if the patient is a child or is indigent 51.60, and the right
24to petition a court in the county in which the patient is located or the committing
25court for a review of the transfer.
AB616, s. 11
1Section 11. 51.35 (1) (e) 2. c. of the statutes is amended to read:
AB616,6,32 51.35 (1) (e) 2. c. The patient's right to have counsel provided at public expense,
3as provided under s. 967.06 and ch. 977, if the patient is a child or is indigent 51.60.
AB616, s. 12 4Section 12. 51.45 (12) (b) (intro.), 1. and 3. of the statutes are consolidated,
5renumbered 51.45 (12) (b) and amended to read:
AB616,6,126 51.45 (12) (b) The physician, spouse, guardian, or a relative of the person
7sought to be committed, or any other responsible person, may petition a circuit court
8commissioner or the circuit court of the county in which the person sought to be
9committed resides or is present for commitment under this subsection. The petition
10shall: 1. State state facts to support the need for emergency treatment; 3. Be and
11be
supported by one or more affidavits which that aver with particularity the factual
12basis for the allegations contained in the petition.
AB616, s. 13 13Section 13. 51.45 (12) (b) 2. of the statutes is repealed.
AB616, s. 14 14Section 14. 51.45 (12) (c) 2. of the statutes is amended to read:
AB616,6,2015 51.45 (12) (c) 2. Assure that the person sought to be committed is represented
16by counsel and, if the person claims or appears to be indigent, refer the person to the
17authority for indigency determinations specified under s. 977.07 (1) or, if the person
18is a child, refer that child
by referring the person to the state public defender, who
19shall appoint counsel for the child person without a determination of indigency, as
20provided in s. 48.23 (4) 51.60.
AB616, s. 15 21Section 15. 51.45 (13) (b) 2. of the statutes is amended to read:
AB616,7,422 51.45 (13) (b) 2. Assure that the person is represented by counsel and, if the
23person claims or appears to be indigent, refer the person to the authority for
24indigency determinations specified under s. 977.07 (1) or, if the person is a child, refer
25that child
by referring the person to the state public defender, who shall appoint

1counsel for the child person without a determination of indigency, as provided in s.
248.23 (4) 51.60. The person shall be represented by counsel at the preliminary
3hearing under par. (d). The person may, with the approval of the court, waive his or
4her right to representation by counsel at the full hearing under par. (f).
AB616, s. 16 5Section 16. 51.45 (13) (d) of the statutes is amended to read:
AB616,7,176 51.45 (13) (d) Whenever it is desired to involuntarily commit a person, a
7preliminary hearing shall be held under this paragraph. The purpose of the
8preliminary hearing shall be to determine if there is probable cause for believing that
9the allegations of the petition under par. (a) are true. The person shall be represented
10by counsel at the preliminary hearing and, if the person is a child or is indigent,
11counsel shall timely be appointed at public expense, as provided in s. 967.06 and ch.
12977
51.60. Counsel shall have access to all reports and records, psychiatric and
13otherwise, which have been made prior to the preliminary hearing. The person shall
14be present at the preliminary hearing and shall be afforded a meaningful
15opportunity to be heard. Upon failure to make a finding of probable cause under this
16paragraph, the court shall dismiss the petition and discharge the person from the
17custody of the county department.
AB616, s. 17 18Section 17. 51.45 (13) (j) of the statutes is amended to read:
AB616,8,219 51.45 (13) (j) Upon the filing of a petition for recommitment under par. (h), the
20court shall fix a date for a recommitment hearing within 10 days, and assure that the
21person sought to be recommitted is represented by counsel and, if the person is
22indigent, appoint
by appointing counsel for him or her, unless waived as provided
23under s. 51.60
. The provisions of par. (e) relating to notice and to access to records,
24names of witnesses, and summaries of their testimony shall apply to recommitment

1hearings under this paragraph. At the recommitment hearing, the court shall
2proceed as provided under pars. (f) and (g).
AB616, s. 18 3Section 18. 51.45 (16) (c) of the statutes is amended to read:
AB616,8,64 51.45 (16) (c) Payment of attorney fees for appointed attorneys in the case of
5children and indigents
counsel appointed under s. 51.60 shall be in accordance with
6ch. 977.
AB616, s. 19 7Section 19. 51.60 of the statutes is created to read:
Loading...
Loading...