AB64-ASA1,932,1713 961.385 (2) (f) Permit the board to refer to the appropriate licensing or
14regulatory board for discipline, or the appropriate law enforcement agency for
15investigation and possible prosecution,
a pharmacist, pharmacy, or practitioner that
16fails to comply with rules promulgated under this subsection, including by failure to
17generate a record that is required by the program.
AB64-ASA1,2251x 18Section 2251x. 961.385 (2) (fm) of the statutes is created to read:
AB64-ASA1,932,2219 961.385 (2) (fm) Permit the board to refer a pharmacist, pharmacy, or
20practitioner to the appropriate law enforcement agency for investigation and
21possible prosecution when the board has determined that a criminal violation may
22have occurred.
AB64-ASA1,2251xg 23Section 2251xg. 961.443 (2) of the statutes, as affected by 2017 Wisconsin Act
2433
, sections 1em, 1gm and 1im, and 2017 Wisconsin Act .... (this act), is repealed and
25recreated to read:
AB64-ASA1,933,6
1961.443 (2) Immunity from criminal prosecution. An aider is immune from
2prosecution under s. 961.573 for the possession of drug paraphernalia, under s.
3961.41 (3g) for the possession of a controlled substance or a controlled substance
4analog, and under s. 961.69 (2) for possession of a masking agent under the
5circumstances surrounding or leading to his or her commission of an act described
6in sub. (1).
AB64-ASA1,2251xm 7Section 2251xm. 961.443 (2) (a) of the statutes, as affected by 2017 Wisconsin
8Act 33
, section 1g, is amended to read:
AB64-ASA1,933,179 961.443 (2) (a) No aider may have his or her parole, probation, or extended
10supervision revoked, and an aider is immune from prosecution under s. 946.49 for
11bail jumping,
under s. 961.573 for the possession of drug paraphernalia, under s.
12961.41 (3g) for the possession of a controlled substance or a controlled substance
13analog, and under s. 961.69 (2) for possession of a masking agent, under the
14circumstances surrounding or leading to his or her commission of an act described
15in sub. (1) that occurs on or after July 19, 2017, if the aider's attempt to obtain
16assistance occurs immediately after the aider believes the other person is suffering
17from the overdose or other adverse reaction.
AB64-ASA1,2251xp 18Section 2251xp. 961.443 (2) (b) 1. of the statutes, as created by 2017
19Wisconsin Act 33
, is amended to read:
AB64-ASA1,934,220 961.443 (2) (b) 1. No aided person may have his or her parole, probation, or
21extended supervision revoked under the circumstances surrounding or leading to an
22aider's commission of an act described in sub. (1) that occurs on or after July 19, 2017,
23if the aided person completes a treatment program as a condition of his or her parole,
24probation, or extended supervision or, if a treatment program is unavailable or would

1be prohibitive financially, agrees to be imprisoned in the county jail for not less than
215 days.
AB64-ASA1,2251xs 3Section 2251xs. 961.443 (2) (b) 2. of the statutes, as created by 2017 Wisconsin
4Act 33
, is amended to read:
AB64-ASA1,934,145 961.443 (2) (b) 2. If an aided person is subject to prosecution under s. 946.49
6for bail jumping,
under s. 961.573 for the possession of drug paraphernalia, under
7s. 961.41 (3g) for the possession of a controlled substance or a controlled substance
8analog, or under s. 961.69 (2) for possession of a masking agent under the
9circumstances surrounding or leading to an aider's commission of an act described
10in sub. (1) that occurs on or after July 19, 2017, the district attorney shall offer the
11aided person a deferred prosecution agreement that includes the completion of a
12treatment program. This subdivision does not apply to an aided person who is on
13parole, probation, or extended supervision and fails to meet a condition under subd.
141.
AB64-ASA1,2251y 15Section 2251y. 967.06 (2) (b) of the statutes is amended to read:
AB64-ASA1,934,1916 967.06 (2) (b) If the person indicating that he or she wants to be represented
17by a lawyer is detained under ch. 48, 51, 55, or 938, or 980, the person shall be
18referred for appointment of counsel as provided under s. 48.23 (4), 51.60, 55.105, or
19938.23 (4), or 980.03 (2) (a), whichever is applicable.
AB64-ASA1,2252 20Section 2252 . 967.06 (3) of the statutes is amended to read:
AB64-ASA1,935,221 967.06 (3) In any case in which the state public defender provides
22representation to an indigent person, the public defender may request that the
23applicable court reporter or clerk of circuit court prepare and transmit any transcript
24or court record. The request shall be complied with. The state public defender shall,
25from the appropriation under s. 20.550 (1) (f) (a), compensate the court reporter or

1clerk of circuit court for the cost of preparing, handling, duplicating, and mailing the
2documents.
AB64-ASA1,2253 3Section 2253 . 970.05 (2) (b) of the statutes is amended to read:
AB64-ASA1,935,84 970.05 (2) (b) When a transcript is requested under sub. (1) by the state public
5defender or by a private attorney appointed under s. 977.08, the state public defender
6shall pay the cost of the original from the appropriation under s. 20.550 (1) (f) (a) and
7any additional copies shall be paid for at the statutory rate by the party requesting
8the copies.
AB64-ASA1,2254 9Section 2254 . 971.23 (10) of the statutes is amended to read:
AB64-ASA1,935,1710 971.23 (10) Payment of copying costs in cases involving indigent defendants.
11When the state public defender or a private attorney appointed under s. 977.08
12requests copies, in any format, of any item that is discoverable under this section, the
13state public defender shall pay any fee charged for the copies from the appropriation
14account under s. 20.550 (1) (f) (a). If the person providing copies under this section
15charges the state public defender a fee for the copies, the fee may not exceed the
16applicable maximum fee for copies of discoverable materials that is established by
17rule under s. 977.02 (9).
AB64-ASA1,2255 18Section 2255 . 973.013 (3m) of the statutes is amended to read:
AB64-ASA1,936,1119 973.013 (3m) If a person who has not attained the age of 16 18 years is
20sentenced to the Wisconsin state prisons, the department shall place the person at
21a juvenile correctional facility or a secured residential care center for children and
22youth, unless the department determines that placement in an institution under s.
23302.01 is appropriate based on the person's prior record of adjustment in a
24correctional setting, if any; the person's present and potential vocational and
25educational needs, interests and abilities; the adequacy and suitability of available

1facilities; the services and procedures available for treatment of the person within
2the various institutions; the protection of the public; and any other considerations
3promulgated by the department by rule. The department may not place any person
4under the age of 18 years in the correctional institution authorized in s. 301.16 (1n).
5This subsection does not preclude the department from designating an adult
6correctional institution, other than the correctional institution authorized in s.
7301.16 (1n), as a reception center for the person and subsequently transferring the
8person to a juvenile correctional facility or a secured residential care center for
9children and youth. Section 302.11 and ch. 304 apply to all persons placed in a
10juvenile correctional facility or a secured residential care center for children and
11youth under this subsection.
AB64-ASA1,2255p 12Section 2255p. 973.046 (3) of the statutes is amended to read:
AB64-ASA1,936,1513 973.046 (3) All moneys collected from deoxyribonucleic acid analysis
14surcharges shall be deposited by the secretary of administration as specified in s.
1520.455 (2) (Lm) (Lp) and utilized under s. 165.77.
AB64-ASA1,2257e 16Section 2257e. 977.02 (2m) of the statutes is amended to read:
AB64-ASA1,936,2017 977.02 (2m) Promulgate rules regarding eligibility for legal services under this
18chapter, including legal services for persons who are entitled to be represented by
19counsel without a determination of indigency, as provided in s. 48.23 (4), 51.60,
2055.105, or 938.23 (4), or 980.03 (2) (a).
AB64-ASA1,2257f 21Section 2257f. 977.02 (3) (intro.) of the statutes is amended to read:
AB64-ASA1,937,322 977.02 (3) (intro.) Promulgate rules regarding the determination of indigency
23of persons entitled to be represented by counsel, other than persons who are entitled
24to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, or 980.03 (2)
25(a)
including the time period in which the determination must be made and the

1criteria to be used to determine indigency and partial indigency. The rules shall
2specify that, in determining indigency, the representative of the state public
3defender shall do all of the following:
AB64-ASA1,2257g 4Section 2257g. 977.05 (4) (gm) of the statutes is amended to read:
AB64-ASA1,937,115 977.05 (4) (gm) In accordance with the standards under pars. (h) and (i), accept
6referrals from judges and courts for the provision of legal services without a
7determination of indigency of persons who are entitled to be represented by counsel
8under s. 48.23, 51.60, 55.105, or 938.23, or 980.03 (2) (a), appoint counsel in
9accordance with contracts and policies of the board, and inform the referring judge
10or court of the name and address of the specific attorney who has been assigned to
11the case.
AB64-ASA1,2257h 12Section 2257h. 977.05 (4) (h) of the statutes is amended to read:
AB64-ASA1,937,1813 977.05 (4) (h) Accept requests for legal services from persons who are entitled
14to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, or 980.03 (2)
15(a)
and from indigent persons who are entitled to be represented by counsel under
16s. 967.06 or who are otherwise so entitled under the constitution or laws of the United
17States or this state and provide such persons with legal services when, in the
18discretion of the state public defender, such provision of legal services is appropriate.
AB64-ASA1,2257i 19Section 2257i. 977.05 (4) (i) 9. of the statutes is created to read:
AB64-ASA1,937,2120 977.05 (4) (i) 9. Cases involving persons who are subject to petitions under ch.
21980.
AB64-ASA1,2257j 22Section 2257j. 977.06 (2) (a) of the statutes is amended to read:
AB64-ASA1,938,623 977.06 (2) (a) A person seeking to have counsel assigned for him or her under
24s. 977.08, other than a person who is entitled to be represented by counsel under s.
2548.23, 51.60, 55.105, or 938.23, or 980.03 (2) (a), shall sign a statement declaring that

1he or she has not disposed of any assets for the purpose of qualifying for that
2assignment of counsel. If the representative or authority making the indigency
3determination finds that any asset was disposed of for less than its fair market value
4for the purpose of obtaining that assignment of counsel, the asset shall be counted
5under rules promulgated under s. 977.02 (3) at its fair market value at the time it
6was disposed of, minus the amount of compensation received for the asset.
AB64-ASA1,2257k 7Section 2257k. 977.06 (2) (am) of the statutes is amended to read:
AB64-ASA1,938,138 977.06 (2) (am) A person seeking to have counsel assigned for him or her under
9s. 977.08, other than a person who is entitled to be represented by counsel under s.
1048.23, 51.60, 55.105, or 938.23, or 980.03 (2) (a), shall sign a statement declaring that
11the information that he or she has given to determine eligibility for assignment of
12counsel he or she believes to be true and that he or she is informed that he or she is
13subject to the penalty under par. (b).
AB64-ASA1,2257L 14Section 2257L. 977.07 (1) (a) of the statutes is amended to read:
AB64-ASA1,938,1915 977.07 (1) (a) Determination of indigency for persons entitled to counsel shall
16be made as soon as possible and shall be in accordance with the rules promulgated
17by the board under s. 977.02 (3) and the system established under s. 977.06. No
18determination of indigency is required for a person who is entitled to be represented
19by counsel under s. 48.23, 51.60, 55.105, or 938.23 , or 980.03 (2) (a).
AB64-ASA1,2257m 20Section 2257m. 977.07 (1) (c) of the statutes is amended to read:
AB64-ASA1,939,621 977.07 (1) (c) For all referrals made under ss. 809.107, 809.30, 974.06 (3) (b)
22and 974.07 (11), except a referral of a person who is entitled to be represented by
23counsel under s. 48.23, 51.60, 55.105, or 938.23, or 980.03 (2) (a), a representative of
24the state public defender shall determine indigency. For referrals made under ss.
25809.107, 809.30 and 974.06 (3) (b), except a referral of a person who is entitled to be

1represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, or 980.03 (2) (a), the
2representative of the state public defender may, unless a request for redetermination
3has been filed under s. 809.30 (2) (d) or the person's request for representation states
4that his or her financial circumstances have materially improved, rely upon a
5determination of indigency made for purposes of trial representation under this
6section.
AB64-ASA1,2257n 7Section 2257n. 977.075 (4) of the statutes is amended to read:
AB64-ASA1,939,138 977.075 (4) The board shall establish by rule a fee schedule that sets the
9maximum amount that a parent subject to s. 48.275 (2) (b) or 938.275 (2) (b) shall pay
10as reimbursement for legal services and sets the maximum amount that a person
11subject to s. 51.605 or, 55.107 , or 980.0305 shall pay as reimbursement for legal
12services. The maximum amounts under this subsection shall be based on the
13average cost, as determined by the board, for each applicable type of case.
AB64-ASA1,2257o 14Section 2257o. 977.08 (1) of the statutes is amended to read:
AB64-ASA1,939,2015 977.08 (1) If the representative or the authority for indigency determinations
16specified under s. 977.07 (1) refers a case to or within the office of the state public
17defender or if a case is referred under s. 48.23 (4), 51.60, 55.105, or 938.23 (4), or
18980.03 (2) (a),
the state public defender shall assign counsel according to subs. (3) and
19(4). If a defendant makes a request for change of attorney assignment, the change
20of attorney must be approved by the circuit court.
AB64-ASA1,2257p 21Section 2257p. 977.08 (2) (intro.) of the statutes is amended to read:
AB64-ASA1,939,2522 977.08 (2) (intro.) All attorneys in a county shall be notified in writing by the
23state public defender that a set of lists is being prepared of attorneys willing to
24represent persons referred under s. 48.23 (4), 51.60, 55.105, or 938.23 (4), or 980.03
25(2) (a)
and indigent clients in the following:
AB64-ASA1,2258
1Section 2258. 977.085 (1) (a) of the statutes is amended to read:
AB64-ASA1,940,32 977.085 (1) (a) Private bar and staff case loads at the trial and appellate levels
3and expenditures of moneys under s. 20.550 (1) (b) to (d) (a) for the current fiscal year.
AB64-ASA1,2259 4Section 2259 . 977.085 (1) (b) of the statutes is amended to read:
AB64-ASA1,940,75 977.085 (1) (b) Projections for the private bar and staff case loads at the trial
6and appellate levels and for expenditures of moneys under s. 20.550 (1) (b) to (d) (a)
7for the remainder of the current fiscal year and for the next fiscal year.
AB64-ASA1,2260 8Section 2260 . 977.085 (1m) of the statutes is amended to read:
AB64-ASA1,940,119 977.085 (1m) The projections under sub. (1) (b) shall include the number of
10cases projected to be assigned to the private bar and the number of cases for which
11reimbursement will be made under s. 20.550 (1) (d) (a).
AB64-ASA1,2261 12Section 2261 . 977.085 (2) (intro.) of the statutes is amended to read:
AB64-ASA1,940,1713 977.085 (2) (intro.) If the projections under sub. (1) (b) indicate that moneys are
14being expended under s. 20.550 (1) (d) (a) at a rate which will deplete the
15appropriation prior to the end of the current fiscal year, the board shall include in the
16report a plan to address the problem. The plan shall include proposals for one or more
17of the following:
AB64-ASA1,2261d 18Section 2261d. 977.085 (3) of the statutes is amended to read:
AB64-ASA1,941,219 977.085 (3) The board shall provide quarterly reports to the joint committee
20on finance on the status of reimbursement for or recoupment of payments under ss.
2148.275, 51.605, 55.107, 757.66, 938.275, 977.06, 977.075 and, 977.076, and 980.0305,
22including the amount of revenue generated by reimbursement and recoupment. The
23quarterly reports shall include any alternative means suggested by the board to
24improve reimbursement and recoupment procedures and to increase the amount of
25revenue generated. The department of justice, district attorneys, circuit courts and

1applicable county agencies shall cooperate by providing any necessary information
2to the state public defender.
AB64-ASA1,2261g 3Section 2261g. 978.001 (1b), (1d) and (1n) of the statutes are created to read:
AB64-ASA1,941,44 978.001 (1b) “Board" means the prosecutor board.
AB64-ASA1,941,6 5(1d) “Executive director" means the executive director appointed under s.
6978.003 (3).
AB64-ASA1,941,7 7(1n) “Office" means the state prosecutors office.
AB64-ASA1,2261h 8Section 2261h. 978.001 (1p) of the statutes is repealed.
AB64-ASA1,2261j 9Section 2261j. 978.003 of the statutes is created to read:
AB64-ASA1,941,10 10978.003 Board; duties. The board shall do all of the following:
AB64-ASA1,941,12 11(1) Submit the budget in accordance with s. 16.42 after the executive director
12submits the budget to the board and the board approves it.
AB64-ASA1,941,14 13(2) At least annually submit to the joint committee on finance
14recommendations on the allocation of prosecutor resources.
AB64-ASA1,941,16 15(3) Appoint an attorney with experience in criminal prosecution as the
16executive director of the office.
AB64-ASA1,941,17 17(4) Oversee, and set policy initiatives for, the executive director.
AB64-ASA1,941,19 18(5) Review existing law or proposed legislation and make recommendations to
19the legislature.
AB64-ASA1,2261L 20Section 2261L. 978.004 of the statutes is created to read:
AB64-ASA1,941,22 21978.004 State prosecutors office executive director. (1) The executive
22director shall do all of the following:
AB64-ASA1,941,2423 (a) Manage and direct the office subject to the policy initiatives set under s.
24978.003 (4).
AB64-ASA1,942,2
1(b) Prepare and submit to the board for its approval a budget and any personnel
2and employment policies that the board requires.
AB64-ASA1,942,43 (c) Prepare and submit to the board and other appropriate persons an annual
4report of the activities of the office in the form that the board directs.
AB64-ASA1,942,65 (d) Represent the board before the governor, the legislature, bar associations,
6courts, and other appropriate entities.
AB64-ASA1,942,137 (e) Appoint in the classified service an executive assistant and all other
8employees of the office. Before making an appointment under this paragraph, the
9executive director shall notify the board of any prospective appointment. If the board
10does not object to the prospective appointment within 7 working days after
11notification, the executive director may make the appointment. If the board objects
12to a prospective appointment, the executive director may not make the appointment
13until the board approves it.
AB64-ASA1,942,2114 (f) Prepare fiscal estimates on bills affecting prosecutors or the office, including
15bills modifying or creating crimes or sentencing practices. To prepare a fiscal
16estimate, the executive director shall consult with and obtain data from district
17attorneys. The executive director shall transmit a draft fiscal estimate to the board.
18If the board does not object to the draft fiscal estimate within 7 working days after
19receiving it, the executive director may submit the fiscal estimate. If the board
20objects to a draft fiscal estimate, the executive director may not submit the fiscal
21estimate until the board approves it.
AB64-ASA1,942,24 22(2) The executive director may identify methods and practices for district
23attorneys that promote professional competence, ethical practices, and
24evidence-based practices.
AB64-ASA1,2261m 25Section 2261m. 978.005 of the statutes is created to read:
AB64-ASA1,943,6
1978.005 Limits on board and executive director. Neither the board nor
2the executive director may make any decision regarding the handling of any case nor
3interfere with any district attorney in carrying out professional duties. Neither the
4board nor the office may interfere with or infringe upon the autonomy of a district
5attorney or upon the authority of a district attorney to manage his or her own
6prosecutorial unit.
AB64-ASA1,2261o 7Section 2261o. 978.03 of the statutes is amended to read:
AB64-ASA1,943,18 8978.03 Deputies and assistants in certain prosecutorial units. (1) The
9district attorney of any prosecutorial unit having a population of 500,000 or more
10may appoint 7 deputy district attorneys and such assistant district attorneys as may
11be requested by the department of administration, or by the board, and authorized
12in accordance with s. 16.505. The district attorney shall rank the deputy district
13attorneys for purposes of carrying out duties under this section. The deputies,
14according to rank, may perform any duty of the district attorney, under the district
15attorney's direction. In the absence or disability of the district attorney, the deputies,
16according to rank, may perform any act required by law to be performed by the
17district attorney. Any such deputy must have practiced law in this state for at least
182 years prior to appointment under this section.
AB64-ASA1,944,4 19(1m) The district attorney of any prosecutorial unit having a population of
20200,000 or more but not more than 499,999 may appoint 3 deputy district attorneys
21and such assistant district attorneys as may be requested by the department of
22administration, or by the board, and authorized in accordance with s. 16.505. The
23district attorney shall rank the deputy district attorneys for purposes of carrying out
24duties under this section. The deputies, according to rank, may perform any duty
25of the district attorney, under the district attorney's direction. In the absence or

1disability of the district attorney, the deputies, according to rank, may perform any
2act required by law to be performed by the district attorney. Any such deputy must
3have practiced law in this state for at least 2 years prior to appointment under this
4section.
AB64-ASA1,944,13 5(2) The district attorney of any prosecutorial unit having a population of
6100,000 or more but not more than 199,999 may appoint one deputy district attorney
7and such assistant district attorneys as may be requested by the department of
8administration, or by the board, and authorized in accordance with s. 16.505. The
9deputy may perform any duty of the district attorney, under the district attorney's
10direction. In the absence or disability of the district attorney, the deputy may
11perform any act required by law to be performed by the district attorney. The deputy
12must have practiced law in this state for at least 2 years prior to appointment under
13this section.
AB64-ASA1,944,19 14(3) Any assistant district attorney under sub. (1), (1m), or (2) must be an
15attorney admitted to practice law in this state and, except as provided in s. 978.043
16(1), may perform any duty required by law to be performed by the district attorney.
17The district attorney of the prosecutorial unit under sub. (1), (1m), or (2) may appoint
18such temporary counsel as may be authorized by the department of administration
19board.
AB64-ASA1,2261q 20Section 2261q. 978.045 (1g) of the statutes is amended to read:
AB64-ASA1,945,721 978.045 (1g) A court on its own motion may appoint a special prosecutor under
22sub. (1r) or a district attorney may request a court to appoint a special prosecutor
23under that subsection. Before a court appoints a special prosecutor on its own motion
24or at the request of a district attorney for an appointment that exceeds 6 hours per
25case, the court or district attorney shall request assistance from a district attorney,

1deputy district attorney or assistant district attorney from other prosecutorial units
2or an assistant attorney general. A district attorney requesting the appointment of
3a special prosecutor, or a court if the court is appointing a special prosecutor on its
4own motion, shall notify the department of administration, on a form provided by
5that department, of
office that the district attorney's attorney or the court's inability
6court, whichever is appropriate, is unable to obtain assistance from another
7prosecutorial unit or from an assistant attorney general.
AB64-ASA1,2261qm 8Section 2261qm. 978.045 (1r) (bm) (intro.) of the statutes is amended to read:
AB64-ASA1,945,159 978.045 (1r) (bm) (intro.) The judge may appoint an attorney as a special
10prosecutor at the request of a district attorney to assist the district attorney in the
11prosecution of persons charged with a crime, in grand jury proceedings, in
12proceedings under ch. 980, or in investigations. The Except as provided under par.
13(bp), the
judge may appoint an attorney as a special prosecutor only if the judge or
14the requesting district attorney submits an affidavit to the department of
15administration attesting that any of the following conditions exists:
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