GPR.
Assumptions used in arriving at fiscal estimate
The State Public Defender (SPD) is statutorily authorized and required to appoint attorneys to represent indigent defendants in criminal proceedings. The SPD plays a major role in ensuring that the Wisconsin justice system complies with the right to counsel provided by both the state and federal constitutions. Any legislation that creates a new criminal offense or expands the definition of an existing criminal offense has the potential to increase SPD costs.
Although this bill neither creates new criminal offenses, nor changes penalties, it would increase the number of SPD cases by updating the SPD financial eligibility criteria. These criteria have remained the same, without adjustments for inflation, since 1987, with the consequence that many applicants of low income (below the federal poverty level) do not presently qualify for SPD representation.
Because the proposed effective date is June 19, 2011, the SPD would not incur increased costs during the 2009-11 biennium. As the proposed changes are implemented, the SPD estimates additional costs in FY 2012 of $3,800,000. The estimated annual cost attributable to the changes proposed in this bill would be $4,100,000, once fully implemented, beginning in FY 2013. These estimates are based upon average SPD costs and a study of applications for SPD services, which showed that the SPD would provide representation in an additional 12,800 cases annually if these changes take effect. In general, the number of criminal charges filed and statewide economic conditions are significant variables affecting the number of SPD cases.
Much, if not all, of the increased costs will be offset by reductions in county expenditures for the appointment of counsel. Reports from 69 of Wisconsin's 72 counties showed county expenditures in 2008 of approximately $6,000,000 for this type of appointment. Many applicants who exceed the SPD's statutory financial guidelines are constitutionally eligible for appointment of counsel because it would be a substantial hardship for them to retain an attorney. The court is required to appoint counsel at county expense for these applicants. This bill would greatly decrease the number of applicants for court-appointed attorneys in criminal cases because the revised SPD financial criteria would result in SPD appointments in most of the cases in which courts currently appoint attorneys at county expense.
Counties would save the direct costs of these appointments, and county officials would not have to spend as much time administering court appointments, including auditing and paying invoices. The counties may also experience savings because in cases in which the SPD is able to appoint an attorney, the case may be resolved more quickly than if there is a delay to determine whether the court should appoint an attorney. In many cases, the prompt appointment of an attorney may result in fewer court hearings, less jail time, or both.
Agency Contact Person
Questions regarding these rules may be directed to Kathy Pakes at
pakesk@opd.wi.gov or 315 N. Henry Street, 2
nd Floor, Madison, WI 53703.
Notice of Hearing
Public Defender Board
NOTICE IS HEREBY GIVEN that the State of Wisconsin Public Defender Board (SPD) announces that it will hold a public hearing on the revision of Chapter
PD 6, Payment for Representation, relating to determining, collecting and processing the payments received from persons as payment for legal representation.
Hearing Information
The State Public Defender will hold a public hearing at the time and location below:
Date and Time:
|
Location:
|
January 5, 2011
Wednesday
9:30am-11:30
|
SPD Administrative Office
Banoul Conference Room
315 N. Henry St., 2nd Floor
Madison, WI 53703
|
Appearances at the Hearing and Submittal of Written Comments
Interested persons are invited to attend the hearing and comment on the rule. Persons appearing may make an oral presentation and are requested to submit their comments in writing. Written comments on the rule will be accepted into the record and receive the same consideration as testimony presented at the hearing if they are received by
December 13 at 9:30 a.m.. Written comments should be addressed to: Kathy Pakes, SPD, PO Box 7923, Madison, WI 53707-7923, or by email:
pakesk@opd.wi.gov.
Copies of Proposed Rule
You may contact Kathy Pakes at
pakesk@opd.wi.gov or by telephone at (608) 266-0087 to request a copy (at no cost) of the rule and fiscal note be sent to you by U.S. mail. Copies of the rule and fiscal note will also be available, at no cost, at the hearing.
Analysis Prepared by the Public Defender Board
Statute(s) interpreted
Statutory authority
Explanation of agency authority
The State Public Defender's Office (SPD) provides constitutionally-mandated legal representation to persons who meet financial eligibility standards. Under the current eligibility standards, which have not been updated since 1987, a person charged with a felony offense, grossing $290 per week (working 40 hours a week at minimum wage of $7.25 per hour), with two children, assets of $300, and a car worth $2,000, does not qualify for the State Public Defender.
Those who cannot afford an attorney and do not qualify for State Public Defender representation are provided an attorney at county expense. Since 1987, as the cost of living has increased, the number of persons who do not meet the SPD eligibility standards, and who are unable to afford counsel, has increased. Wisconsin counties reported spending nearly $7.6 million in 2008 to appoint counsel for these indigent individuals.
Recognizing the burden to the counties and need to revise the financial eligibility criteria,
2009 Wisconsin Act 164, published March 29, 2010, mandated that financial eligibility standards for public defender representation be consistent with income guidelines of Wisconsin Works (W2). To carry out these changes, Act 164 directs the Wisconsin State Public Defender Board to promulgate rules regarding the revised determination of indigency. In promulgating these rules Act 164 directs the SPD to consider the costs of effective representation for the type of case in which a person seeks representation, and to consider a person's assets in the manner described in s.
49.145, Stats., (Wisconsin Works) when evaluating a persons ability to pay the costs of legal representation.
In order to carry out the mandates of Act 164, including the need for consistency within an agency's administrative rules, Chapter
PD 6 (Payment for Legal Representation) is revised at the same time as Chapter
PD 3 (Determination of Indigency).
Related statute(s) or rule(s)
None.
Plain language analysis
Tying eligibility for representation to W2 (sec. 49.145(3)(a) Stats.) increases the number of clients served by the State Public Defender Agency. The State Public Defender, pursuant to statute, collects payments from clients for legal representation. Revisions to Chapter
PD 6 correspond to revisions in Chapter
PD 3.
Summary of, and comparison with, existing or proposed federal regulation
There are no existing or proposed federal regulations that address the activities of the proposed rules.
Comparison with rules in adjacent states
Iowa:
Iowa has a statewide public defender system, but no statewide collection system for recovering fees. Instead, the public defender agency notifies individual Clerks of Court of what payment is due, and the courts add this amount to the court costs.
Illinois:
Does not have a statewide public defender system. The counties bear the cost of representation. Indigency determinations and collections are made on a county by county basis.
Michigan:
Does not have a statewide public defender system. The counties bear the cost of representation. Indigency determinations and collections are made on a county by county basis.
Minnesota:
Minnesota has a statewide public defender system. Upon disposition of a case, an individual who has received public defender services shall pay the court a $75 co-payment for representation provided by a public defender, unless the co-payment is, or has been, waived by the court. This co-payment is a civil obligation and may not be made a condition of a criminal sentence. See Minn. Stat. 611.17
Summary of factual data and analytical methodologies
N/A
Analysis and supporting documents used in determination of effect on small business or in preparation of economic impact report
N/A
Effect on Small Business
None.
Fiscal Estimate
Agency Contact Person
Questions regarding these rules may be directed to Kathy Pakes at
pakesk@opd.wi.gov or 315 N. Henry Street, 2
nd Floor, Madison, WI 53703.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to sections
85.16 (1),
341.09 and
227.11, Stats., interpreting sections
341.04 and
341.09, Stats., the Department of Transportation will hold a public hearing to consider the amendment of Chapter
Trans 132, Wisconsin Administrative Code, relating to temporary operation plates or permits.
Hearing Information
The Department of Transportation will hold a public hearing at the time and location below:
Date and Time:
|
Location:
|
January 6, 2011
Thursday
10:00am
|
Hill Farms State Transportation Building
Room 254
4802 Sheboygan Ave.
Madison, WI 53705
|
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call Rhonda Alley at (608) 264-7396 with specific information on your request at least 10 days before the date of the scheduled hearing. Accommodations such as interpreters, English translators, or materials in alternative format will, to the fullest extent possible, be made available upon a request from a person with a disability to accommodate your needs.
Copies of Proposed Rule
A copy of the rule may be obtained upon request from Rhonda Alley, Chief, Title and Registration Processing Section, Division of Motor Vehicles, Bureau of Vehicle Services, Room 253, P.O. Box 7911 Madison, WI 53707-7911. You may also contact Ms. Alley by phone at (608) 264-7396 or via e-mail:
rhonda.alley@wisconsin.gov to obtain copies of the proposed rule. Copies will also be available at the hearing.
Submittal of Written Comments
The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Rhonda Alley, Department of Transportation, Division of Motor Vehicles, Bureau of Vehicle Services, Room 253, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Alley by phone at (608) 264-7396 or via e-mail:
rhonda.alley@wisconsin.gov.
Analysis Prepared by the Department of Transportation
Statute(s) interpreted
Statutory authority
Explanation of agency authority
The Department of Transportation is authorized and required to issue temporary operation plates for motor vehicles and to specify the size, color, design, form and specification of the temporary operation plates by rule, pursuant to s.
341.09, Stats. This rule is proposed to meet those requirements.
Related statute(s) or rule(s)
Plain language analysis
Chapter
Trans 132 specifies the size, color, design, form and specifications, and display of temporary operation plates that DOT is authorized to issue under s.
341.09, Stats.
The Division of Motor Vehicles (DMV) is developing an on-line program which will allow the public to apply for title and registration for certain vehicles electronically. To comply with s.
341.04 (1), Stats., DMV will issue a temporary operation plate that the on-line program will print on paper at the applicant's printer and which shall be displayed in the rear window of the vehicle. The temporary plate number, vehicle description, expiration date, and owner information will be stored in the DMV database and will be available to law enforcement, real time and on-line.
This rule making amends ch.
Trans 132 to specify size, color, design, form and specifications, and display of temporary operation plates that DOT will issue electronically as part of the on-line web application for electronic vehicle title and registration provided by the Department.
Summary of, and comparison with, existing or proposed federal regulation
No federal regulations apply to the activities to be regulated by the proposed rule.
Comparison with rules in adjacent states
Michigan:
Michigan does not issue temporary operation plates printed on paper at an applicant's printer and displayed in the rear window of the vehicle.
Minnesota:
Minnesota issues temporary operation permits printed on paper and affixed in the rear window. The temporary operation permit is not printed at an applicant's printer; instead, it is purchased from the DMV.
Illinois:
