AB1219,13,1916 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, 880, or 938, the person shall be referred
18for appointment of counsel as provided under s. 48.23 (4), 51.60, 55.06 (11) (bm),
19880.33 (2) (a) 2., or 938.23 (4), whichever is applicable.
AB1219, s. 27 20Section 27. 973.06 (1) (e) of the statutes is amended to read:
AB1219,13,2421 973.06 (1) (e) Attorney fees payable to the defense attorney by the county or
22the state. If the court determines at the time of sentencing that the defendant's
23financial circumstances are changed, the court may adjust the amount in accordance
24with s. 977.07 (1) (a) and (2) rules promulgated under s. 977.02 (3).
AB1219, s. 28 25Section 28. 977.02 (2m) of the statutes is amended to read:
AB1219,14,4
1977.02 (2m) Promulgate rules regarding eligibility for legal services under this
2chapter, including legal services for children persons who are entitled to be
3represented by counsel without a determination of indigency, as provided in s. 48.23
4(4), 51.60, 55.06 (11) (a), 880.33 (2) (a) 2., or 938.23 (4).
AB1219, s. 29 5Section 29. 977.02 (3) of the statutes is renumbered 977.02 (3) (intro.) and
6amended to read:
AB1219,14,137 977.02 (3) (intro.) Promulgate rules regarding the determination of indigency
8of persons entitled to be represented by counsel, other than children persons who are
9entitled to be represented by counsel under s. 48.23, 51.60, 55.06 (11) (a), 880.33 (2)
10(a) 2.,
or 938.23, including the time period in which the determination must be made
11and the criteria to be used to determine indigency and partial indigency. The rules
12shall specify that, in determining indigency, the representative of the state public
13defender shall do all of the following:
AB1219, s. 30 14Section 30. 977.02 (3) (a) to (d) of the statutes are created to read:
AB1219,14,1615 977.02 (3) (a) Consider the anticipated costs of effective representation for the
16type of case in which the person seeks representation.
AB1219,14,2117 (b) Subject to par. (d), consider assets in the manner described in s. 49.145 (3)
18(a) and treat assets as available to the person to pay the costs of legal representation
19if they exceed the resource limitation in that paragraph, except that the
20representative of the state public defender shall exclude only the first $30,000 of the
21equity value of the home that serves as the individual's homestead.
AB1219,14,2422 (c) Subject to par. (d), treat income as available to pay the costs of legal
23representation to the person only if it exceeds the income limitations in s. 49.145 (3)
24(b).
AB1219,15,3
1(d) Treat assets or income of the person's spouse as the person's assets or
2income, unless the spouse was the victim of a crime that the person allegedly
3committed.
AB1219, s. 31 4Section 31. 977.05 (4) (gm) of the statutes is amended to read:
AB1219,15,115 977.05 (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 children persons who are entitled to be represented by
8counsel under s. 48.23, 51.60, 55.06 (11) (a), 880.33 (2) (a) 2., or 938.23, appoint
9counsel in accordance with contracts and policies of the board, and inform the
10referring judge or court of the name and address of the specific attorney who has been
11assigned to the case.
AB1219, s. 32 12Section 32. 977.05 (4) (h) of the statutes is amended to read:
AB1219,15,1913 977.05 (4) (h) Accept requests for legal services from children persons who are
14entitled to be represented by counsel under s. 48.23, 51.60, 55.06 (11) (a), 880.33 (2)
15(a) 2.,
or 938.23 and from indigent persons who are entitled to be represented by
16counsel under s. 967.06 or who are otherwise so entitled under the constitution or
17laws of the United States or this state and provide such persons with legal services
18when, in the discretion of the state public defender, such provision of legal services
19is appropriate.
AB1219, s. 33 20Section 33. 977.05 (4) (i) 4. of the statutes is amended to read:
AB1219,15,2321 977.05 (4) (i) 4. Cases involving persons subject to emergency detention or
22involuntary civil commitment under ch. 51, emergency detention under s. 55.06 (11)
23(a), or a guardianship petition containing the allegations under s. 880.07 (1m)
.
AB1219, s. 34 24Section 34. 977.06 (1) (a) of the statutes is amended to read:
AB1219,16,5
1977.06 (1) (a) Verify the information necessary to determine indigency under
2s. 977.07 (2) rules promulgated under s. 977.02 (3). The information provided by a
3person seeking assigned counsel that is subject to verification shall include any
4social security numbers provided on an application under sub. (1m), income records,
5value of assets, eligibility for public assistance, and claims of expenses.
AB1219, s. 35 6Section 35 . 977.06 (2) (a) of the statutes is amended to read:
AB1219,16,167 977.06 (2) (a) A person seeking to have counsel assigned for him or her under
8s. 977.08, other than a child person who is entitled to be represented by counsel under
9s. 48.23, 51.60, 55.06 (11) (a), 880.33 (2) (a) 2., or 938.23, shall sign a statement
10declaring that he or she has not disposed of any assets for the purpose of qualifying
11for that assignment of counsel. If the representative or authority making the
12indigency determination finds that any asset was disposed of for less than its fair
13market value for the purpose of obtaining that assignment of counsel, the asset shall
14be counted under s. 977.07 (2) rules promulgated under s. 977.02 (3) at its fair market
15value at the time it was disposed of, minus the amount of compensation received for
16the asset.
AB1219, s. 36 17Section 36. 977.06 (2) (am) of the statutes is amended to read:
AB1219,16,2318 977.06 (2) (am) A person seeking to have counsel assigned for him or her under
19s. 977.08, other than a child person who is entitled to be represented by counsel under
20s. 48.23, 51.60, 55.06 (11) (a), 880.33 (2) (a) 2., or 938.23, shall sign a statement
21declaring that the information that he or she has given to determine eligibility for
22assignment of counsel he or she believes to be true and that he or she is informed that
23he or she is subject to the penalty under par. (b).
AB1219, s. 37 24Section 37. 977.07 (1) (a) of the statutes is amended to read:
AB1219,17,6
1977.07 (1) (a) Determination of indigency for persons entitled to counsel shall
2be made as soon as possible and shall be in accordance with the rules promulgated
3by the board under s. 977.02 (3) and the system established under s. 977.06. No
4determination of indigency is required for a child person who is entitled to be
5represented by counsel under s. 48.23, 51.60, 55.06 (11) (a), 880.33 (2) (a) 2., or
6938.23.
AB1219, s. 38 7Section 38. 977.07 (1) (c) of the statutes is amended to read:
AB1219,17,188 977.07 (1) (c) For all referrals made under ss. 809.30, 974.06 (3) (b), and 974.07
9(11), except a referral of a child person who is entitled to be represented by counsel
10under s. 48.23, 51.60, 55.06 (11) (a), 880.33 (2) (a) 2., or 938.23, a representative of
11the state public defender shall determine indigency. For referrals made under ss.
12809.30 and 974.06 (3) (b), except a referral of a child person who is entitled to be
13represented by counsel under s. 48.23, 51.60, 55.06 (11) (a), 880.33 (2) (a) 2., or
14938.23, the representative of the state public defender may, unless a request for
15redetermination has been filed under s. 809.30 (2) (d) or the defendant's request for
16representation states that his or her financial circumstances have materially
17improved, rely upon a determination of indigency made for purposes of trial
18representation under this section.
AB1219, s. 39 19Section 39. 977.07 (2) of the statutes is repealed.
AB1219, s. 40 20Section 40. 977.07 (2m) of the statutes is amended to read:
AB1219,18,621 977.07 (2m) If the person is found to be indigent in full or in part, the person
22shall be promptly informed of the state's right to payment or recoupment under s.
2348.275 (2), 757.66, 938.275 (2), 973.06 (1) (e) or 977.076 (1), and the possibility that
24the payment of attorney fees may be made a condition of probation, should the person
25be placed on probation. Furthermore, if found to be indigent in part, the person shall

1be promptly informed of the extent to which he or she will be expected to pay for
2counsel, and whether the payment shall be in the form of a lump sum payment or
3periodic payments. The person shall be informed that the payment amount may be
4adjusted if his or her financial circumstances change by the time of sentencing. The
5payment and payment schedule shall be set forth in writing. This subsection does
6not apply to persons who have paid under s. 977.075 (1) (1r).
AB1219, s. 41 7Section 41. 977.075 (1) of the statutes is renumbered 977.075 (1r) and
8amended to read:
AB1219,18,129 977.075 (1r) The board shall establish by rule fixed amounts as flat payments
10for the cost of representation that a person, other than a parent subject to s. 48.275
11(2) (b) or 938.275 (2) (b), who is
client responsible for payment for legal
12representation,
may elect to pay. The rule shall require all of the following:
AB1219,18,1513 (a) If a person client responsible for payment elects to pay the applicable fixed
14amount, the person client cannot be held liable for any additional payment for
15counsel.
AB1219,18,1716 (b) The person client responsible for payment may pay the fixed amount only
17at the beginning of the representation.
AB1219, s. 42 18Section 42. 977.075 (1g) of the statutes is created to read:
AB1219,18,2119 977.075 (1g) In this section, "client responsible for payment" means a client of
20the state public defender other than a client entitled to legal representation without
21a determination of indigency.
AB1219, s. 43 22Section 43. 977.075 (3) of the statutes is amended to read:
AB1219,19,323 977.075 (3) The board shall establish by rule a fee schedule that sets the
24amount that a person, other than a parent subject to s. 48.275 (2) (b) or 938.275 (2)
25(b), who is
client responsible for payment for legal representation shall pay for the

1cost of the legal representation. The schedule shall establish a fee for a given type
2of case, and the fee for a given type of case shall be based on the average cost, as
3determined by the board, for representation for that type of case.
AB1219, s. 44 4Section 44. 977.075 (4) of the statutes is amended to read:
AB1219,19,95 977.075 (4) The board may establish by rule a procedure for collecting a
6nonrefundable partial payment within 60 days after the commencement of
7representation for legal services from persons clients who are responsible for
8payment for legal representation. This subsection does not apply to a parent who is
9subject to s. 48.275 (2) (b) or 938.275 (2) (b)
.
AB1219, s. 45 10Section 45. 977.075 (5) of the statutes is amended to read:
AB1219,19,1211 977.075 (5) The rules under subs. (3) and (4) do not apply to a person who has
12paid under sub. (1) (1r).
AB1219, s. 46 13Section 46. 977.075 (6) of the statutes is created to read:
AB1219,19,1914 977.075 (6) The board shall establish by rule a fee schedule that sets the
15maximum amount that a parent subject to s. 48.275 (2) (b) or 938.275 (2) (b) shall pay
16as reimbursement for legal services and sets the maximum amount that a person
17subject to s. 51.605, 55.065, or 880.33 (2) (a) 4. shall pay as reimbursement for legal
18services. The maximum amounts under this subsection shall be based on the
19average cost, as determined by the board, for each applicable type of case.
AB1219, s. 47 20Section 47. 977.08 (1) of the statutes is amended to read:
AB1219,20,221 977.08 (1) If the representative or the authority for indigency determinations
22specified under s. 977.07 (1) refers a case to or within the office of the state public
23defender or if a case is referred under s. 48.23 (4), 51.60, 55.06 (11) (bm) 1., 880.33
24(2) (a) 2., or 938.23 (4)
, the state public defender shall assign counsel according to

1subs. (3) and (4). If a defendant makes a request for change of attorney assignment,
2the change of attorney must be approved by the circuit court.
AB1219, s. 48 3Section 48. 977.08 (2) (intro.) of the statutes is amended to read:
AB1219,20,74 977.08 (2) (intro.) All attorneys in a county shall be notified in writing by the
5state public defender that a set of lists is being prepared of attorneys willing to
6represent children persons referred under s. 48.23 (4), 51.60, 55.06 (11) (bm) 1.,
7880.33 (2) (a) 2., or 938.23 (4)
and indigent clients in the following:
AB1219, s. 49 8Section 49. 977.08 (2) (d) of the statutes is repealed.
AB1219, s. 50 9Section 50. 977.085 (3) of the statutes is amended to read:
AB1219,20,1810 977.085 (3) The board shall provide quarterly reports to the joint committee
11on finance on the status of reimbursement for or recoupment of payments under ss.
1248.275, 51.605, 55.065, 757.66, 880.33 (2) (a) 4., 938.275, 977.06, 977.07 (2), 977.075
13and 977.076, including the amount of revenue generated by reimbursement and
14recoupment. The quarterly reports shall include any alternative means suggested
15by the board to improve reimbursement and recoupment procedures and to increase
16the amount of revenue generated. The department of justice, district attorneys,
17circuit courts and applicable county agencies shall cooperate by providing any
18necessary information to the state public defender.
AB1219, s. 51 19Section 51 . Nonstatutory provisions.
AB1219,20,2420 (1) Position increase. The authorized FTE positions for the public defender
21board are increased by 59.5 GPR positions on the effective date of this subsection, to
22be funded from the appropriation under section 20.550 (1) (c) of the statutes, for the
23purpose of providing legal representation to persons for whom the state public
24defender assigns counsel.
AB1219, s. 52 25Section 52 . Initial applicability.
AB1219,21,5
1(1) Indigency determinations. The treatment of sections 20.550 (1) (fb),
2303.065 (5) (dm), 973.06 (1) (e), 977.06 (1) (a), 977.06 (2) (a), 977.07 (2), and 977.085
3(3) of the statutes, the renumbering and amendment of section 977.02 (3) of the
4statutes, and the creation of section 977.02 (3) (a) to (d) of the statutes first apply to
5cases opened on the effective date of this subsection.
AB1219,21,76 (2) Representation in civil commitment, protective placement, and
7guardianship cases.
AB1219,21,138 (a) Emergency mental health detentions. The treatment of sections 51.15 (9),
951.60, 809.30 (2) (d), 977.02 (3), 977.05 (4) (gm), (h), and (i) 4., 977.06 (2) (a) and (am),
10977.07 (1) (a) and (c), and 977.08 (1) and (2) (intro.) and (d) of the statutes (with
11respect to the appointment of counsel for persons subject to an emergency detention
12under section 51.15 of the statutes) first applies to emergency detentions occurring
13on the effective date of this paragraph.
AB1219,21,1914 (b) Involuntary commitments for mental health treatment. The treatment of
15sections 51.20 (3) and (18) (c), 51.60, 809.30 (2) (d), 977.02 (3), 977.05 (4) (gm), (h),
16and (i) 4., 977.06 (2) (a) and (am), 977.07 (1) (a) and (c), and 977.08 (1) and (2) (intro.)
17and (d) of the statutes (with respect to the appointment of counsel for persons subject
18to an involuntary commitment proceeding under section 51.20 of the statutes) first
19applies to proceedings commenced on the effective date of this paragraph.
AB1219,21,2520 (c) Transfers of patients. The treatment of sections 51.35 (1) (e) 1. and 2. c.,
2151.60, 809.30 (2) (d), 977.02 (3), 977.05 (4) (gm), (h), and (i) 4., 977.06 (2) (a) and (am),
22977.07 (1) (a) and (c), and 977.08 (1) and (2) (intro.) and (d) of the statutes (with
23respect to the appointment of counsel for persons subject to a transfer under section
2451.35 of the statutes) first applies to transfers occurring on the effective date of this
25paragraph.
AB1219,22,8
1(d) Involuntary commitments for treatment of alcoholism. The treatment of
2sections 51.45 (12) (b) (intro.), 1., 2., and 3., and (c) 2., (13) (b) 2., (d), and (j), and (16)
3(c), 51.60, 809.30 (2) (d), 977.02 (3), 977.05 (4) (gm), (h), and (i) 4., 977.06 (2) (a) and
4(am), 977.07 (1) (a) and (c), and 977.08 (1) and (2) (intro.) and (d) of the statutes (with
5respect to the appointment of counsel for persons subject to a commitment or
6recommitment proceeding under section 51.45 of the statutes) first applies to
7proceedings for commitment or recommitment commenced on the effective date of
8this paragraph.
AB1219,22,149 (e) Protective placements proceedings. The treatment of sections 51.60, 55.06
10(11) (a) and (bm), 809.30 (2) (d), 977.02 (3), 977.05 (4) (gm), (h), and (i) 4., 977.06 (2)
11(a) and (am), 977.07 (1) (a) and (c), and 977.08 (1) and (2) (intro.) and (d) of the
12statutes (with respect to the appointment of counsel for persons subject to an
13emergency detention under section 55.06 (11) of the statutes) first applies to
14emergency detentions occurring on the effective date of this paragraph.
AB1219,22,2015 (f) Guardianship proceedings. The treatment of sections 51.60, 809.30 (2) (d),
16880.33 (2) (a) 2., 977.02 (3), 977.05 (4) (gm), (h), and (i) 4., 977.06 (2) (a) and (am),
17977.07 (1) (a) and (c), and 977.08 (1) and (2) (intro.) and (d) of the statutes (with
18respect to the appointment of counsel for persons subject to a guardianship
19proceeding under chapter 880 of the statutes) first applies to guardianship
20proceedings commenced on the effective date of this paragraph.
AB1219, s. 53 21Section 53. Effective date.
AB1219,22,2222 (1) This act takes effect on July 1, 2007.
AB1219,22,2323 (End)
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