AB130-SSA1, s. 677 11Section 677. 977.05 (4) (gm) of the statutes is amended to read:
AB130-SSA1,403,1712 977.05 (4) (gm) In accordance with the standards under pars. (h) and (i), accept
13referrals from judges and courts for the provision of legal services without a
14determination of indigency of children who are entitled to be represented by counsel
15under s. 48.23 or 938.23, appoint counsel in accordance with contracts and policies
16of the board and inform the referring judge or court of the name and address of the
17specific attorney who has been assigned to the case.
AB130-SSA1, s. 678 18Section 678. 977.05 (4) (h) of the statutes is amended to read:
AB130-SSA1,403,2419 977.05 (4) (h) Accept requests for legal services from children who are entitled
20to be represented by counsel under s. 48.23 or 938.23 and from indigent persons who
21are entitled to be represented by counsel under s. 967.06 or who are otherwise so
22entitled under the constitution or laws of the United States or this state and provide
23such persons with legal services when, in the discretion of the state public defender,
24such provision of legal services is appropriate.
AB130-SSA1, s. 679 25Section 679. 977.05 (4) (i) 5. of the statutes is amended to read:
AB130-SSA1,404,2
1977.05 (4) (i) 5. Cases involving children who are entitled to counsel or are
2provided counsel at the discretion of the court under s. 48.23 or 938.23.
AB130-SSA1, s. 680 3Section 680. 977.05 (6) (cm) 2. of the statutes, as created by 1995 Wisconsin
4Act 27
, is amended to read:
AB130-SSA1,404,75 977.05 (6) (cm) 2. The child is not yet subject to a proceeding under ch. 48 or
6938
for which counsel is required under s. 48.23 or 938.23 or for which counsel may
7be appointed under s. 48.23 or 938.23.
AB130-SSA1, s. 681 8Section 681. 977.06 (1m) of the statutes, as created by 1995 Wisconsin Act 27,
9is amended to read:
AB130-SSA1,404,1410 977.06 (1m) Application for representation. The state public defender shall
11request each person seeking to have counsel assigned for him or her under s. 977.08,
12other than a child who is entitled to be represented by counsel under s. 48.23 or
13938.23
, to provide the state public defender with his or her social security number
14and the social security numbers of his or her spouse and dependent children, if any.
AB130-SSA1, s. 682 15Section 682. 977.06 (2) (a) of the statutes, as affected by 1995 Wisconsin Act
1627
, is amended to read:
AB130-SSA1,404,2517 977.06 (2) (a) A person seeking to have counsel assigned for him or her under
18s. 977.08, other than a child who is entitled to be represented by counsel under s.
1948.23 or 938.23, shall sign a statement declaring that he or she has not disposed of
20any assets for the purpose of qualifying for that assignment of counsel. If the
21representative or authority making the indigency determination finds that any asset
22was disposed of for less than its fair market value for the purpose of obtaining that
23assignment of counsel, the asset shall be counted under s. 977.07 (2) at its fair market
24value at the time it was disposed of, minus the amount of compensation received for
25the asset.
AB130-SSA1, s. 683
1Section 683. 977.06 (2) (am) of the statutes, as created by 1995 Wisconsin Act
227
, is amended to read:
AB130-SSA1,405,83 977.06 (2) (am) A person seeking to have counsel assigned for him or her under
4s. 977.08, other than a child who is entitled to be represented by counsel under s.
548.23 or 938.23, shall sign a statement declaring that the information that he or she
6has given to determine eligibility for assignment of counsel he or she believes to be
7true and that he or she is informed that he or she is subject to the penalty under par.
8(b).
AB130-SSA1, s. 684 9Section 684. 977.06 (3) (c) of the statutes, as created by 1995 Wisconsin Act
1027
, is amended to read:
AB130-SSA1,405,1311 977.06 (3) (c) Except as provided in s. ss. 48.275 (2) (b) and 938.275 (2) (b), an
12adjustment under this subsection shall be based on the person's ability to pay and
13on the fee schedule established by the board under s. 977.075 (3).
AB130-SSA1, s. 685 14Section 685. 977.07 (1) (a) of the statutes, as affected by 1995 Wisconsin Act
1527
, is amended to read:
AB130-SSA1,405,2016 977.07 (1) (a) Determination of indigency for persons entitled to counsel shall
17be made as soon as possible and shall be in accordance with the rules promulgated
18by the board under s. 977.02 (3) and the system established under s. 977.06. No
19determination of indigency is required for a child who is entitled to be represented
20by counsel under s. 48.23 or 938.23.
AB130-SSA1, s. 686 21Section 686. 977.07 (1) (c) of the statutes is amended to read:
AB130-SSA1,406,322 977.07 (1) (c) For all referrals made under ss. 809.30 and 974.06 (3) (b), except
23a referral of a child who is entitled to be represented by counsel under s. 48.23 or
24938.23
, a representative of the state public defender shall determine indigency, and
25may, unless a request for redetermination has been filed under s. 809.30 (2) (d) or the

1defendant's request for representation states that his or her financial circumstances
2have materially improved, rely upon a determination of indigency made for purposes
3of trial representation under this section.
AB130-SSA1, s. 687 4Section 687. 977.07 (2m) of the statutes, as created by 1995 Wisconsin Act 27,
5is amended to read:
AB130-SSA1,406,166 977.07 (2m) If the person is found to be indigent in full or in part, the person
7shall be promptly informed of the state's right to payment or recoupment under s.
848.275 (2), 757.66, 938.275 (2), 973.06 (1) (e) or 977.076 (1), and the possibility that
9the payment of attorney fees may be made a condition of probation, should the person
10be placed on probation. Furthermore, if found to be indigent in part, the person shall
11be promptly informed of the extent to which he or she will be expected to pay for
12counsel, and whether the payment shall be in the form of a lump sum payment or
13periodic payments. The person shall be informed that the payment amount may be
14adjusted if his or her financial circumstances change by the time of sentencing. The
15payment and payment schedule shall be set forth in writing. This subsection does
16not apply to persons who have paid under s. 977.075 (1).
AB130-SSA1, s. 688 17Section 688. 977.075 (1) (intro.), (3) and (4) of the statutes, as created by 1995
18Wisconsin Act 27
, are amended to read:
AB130-SSA1,406,2219 977.075 (1) (intro.) The board shall establish by rule fixed amounts as flat
20payments for the cost of representation that a person, other than a parent subject to
21s. 48.275 (2) (b) or 938.275 (2) (b), who is responsible for payment for legal
22representation, may elect to pay. The rule shall require all of the following:
AB130-SSA1,407,3 23(3) The board shall establish by rule a fee schedule that sets the amount that
24a person, other than a parent subject to s. 48.275 (2) (b) or 938.275 (2) (b), who is
25responsible for payment for legal representation shall pay for the cost of the legal

1representation. The schedule shall establish a fee for a given type of case, and the
2fee for a given type of case shall be based on the average cost, as determined by the
3board, for representation for that type of case.
AB130-SSA1,407,8 4(4) The board may establish by rule a procedure for collecting a nonrefundable
5partial payment within 60 days after the commencement of representation for legal
6services from persons who are responsible for payment for legal representation. This
7subsection does not apply to a parent who is subject to s. 48.275 (2) (b) or 938.275 (2)
8(b)
.
AB130-SSA1, s. 689 9Section 689. 977.076 of the statutes, as created by 1995 Wisconsin Act 27, is
10amended to read:
AB130-SSA1,407,22 11977.076 Collections. (1) If the state public defender notifies the court in
12which the underlying action was filed that a person who is required to reimburse the
13state public defender for legal representation has failed to make the required
14payment or to timely make periodic payments, the court may issue a judgment on
15behalf of the state for the unpaid balance and direct the clerk of circuit court to file
16and docket a transcript of the judgment, without fee. If the court issues a judgment
17for the unpaid balance, the court shall send a notice to the person at his or her
18last-known address that a civil judgment has been issued for the unpaid balance.
19The judgment has the same force and effect as judgments issued under s. 806.10.
20Except as provided in s. ss. 48.275 (2) (b) and 938.275 (2) (b), the judgment shall be
21based on the person's ability to pay and on the fee schedule established by the board
22under s. 977.075 (3).
AB130-SSA1,408,2 23(2) The department of administration may collect unpaid reimbursement
24payments to the state public defender ordered by a court under sub. (1) or s. 48.275
25(1) (a), 757.66, 938.275 (1) (a) or 973.06 (1) (e). The department may contract with

1a private collection agency to collect these payments. Section 16.705 does not apply
2to a contract under this subsection.
AB130-SSA1, s. 690 3Section 690. 977.08 (2) (e) of the statutes is amended to read:
AB130-SSA1,408,54 977.08 (2) (e) Cases involving children who are entitled to counsel or are
5provided counsel at the discretion of the court under s. 48.23 or 938.23.
AB130-SSA1, s. 691 6Section 691. 977.085 (3) of the statutes, as affected by 1995 Wisconsin Act 27,
7is amended to read:
AB130-SSA1,408,168 977.085 (3) The board shall provide quarterly reports to the joint committee
9on finance on the status of reimbursement for or recoupment of payments under ss.
1048.275, 757.66, 938.275, 977.06, 977.07 (2), 977.075 and 977.076, including the
11amount of revenue generated by reimbursement and recoupment. The quarterly
12reports shall include any alternative means suggested by the board to improve
13reimbursement and recoupment procedures and to increase the amount of revenue
14generated. The department of justice, district attorneys, circuit courts and
15applicable county agencies shall cooperate by providing any necessary information
16to the state public defender.
AB130-SSA1, s. 692 17Section 692. 978.05 (6) (a) of the statutes is amended to read:
AB130-SSA1,409,618 978.05 (6) (a) Institute, commence or appear in all civil actions or special
19proceedings under and perform the duties set forth for the district attorney under ss.
2017.14, 30.03 (2), 48.09 (1), (2) and (5), 48.18, 48.355 (6) (b) and (6g) (a), 59.073, 59.77,
2170.36, 103.50 (8), 103.92 (4), 109.09, 161.55 (5), 343.305 (9) (a), 453.08, 806.05,
22938.09, 938.18, 938.355 (6) (b) and (6g) (a), 946.86, 946.87, 971.14 and 973.075 to
23973.077, perform any duties in connection with court proceedings in a court assigned
24to exercise jurisdiction under ch. chs. 48 and 938 as the judge may request and
25perform all appropriate duties and appear if the district attorney is designated in

1specific statutes, including matters within chs. 782, 976 and 979 and ss. 51.81 to
251.85. Nothing in this paragraph limits the authority of the county board to
3designate, under s. 48.09 (2) or (5), that the corporation counsel provide
4representation as specified in s. 48.09 (2) or (5) or to designate, under s. 48.09 (6) or
5938.09 (6)
, the district attorney as an appropriate person to represent the interests
6of the public under s. 48.14 or 938.14.
AB130-SSA1, s. 693 7Section 693. 980.015 (2) (b) of the statutes is amended to read:
AB130-SSA1,409,118 980.015 (2) (b) The anticipated release from a secured correctional facility, as
9defined in s. 48.02 938.02 (15m), or a secured child caring institution, as defined in
10s. 938.02 (15g),
of a person adjudicated delinquent under s. 48.34 938.34 on the basis
11of a sexually violent offense.
AB130-SSA1, s. 694 12Section 694. 980.02 (1) (b) 2. of the statutes is amended to read:
AB130-SSA1,409,1613 980.02 (1) (b) 2. The county in which the person will reside or be placed upon
14his or her discharge from a sentence, release on parole, release from imprisonment,
15from a secured correctional facility, as defined in s. 48.02 938.02 (15m), or a secured
16child caring institution, as defined in s. 938.02 (15g),
or from a commitment order.
AB130-SSA1, s. 695 17Section 695. 980.02 (2) (ag) of the statutes is amended to read:
AB130-SSA1,409,2418 980.02 (2) (ag) The person is within 90 days of discharge or release, on parole
19or otherwise, from a sentence that was imposed for a conviction for a sexually violent
20offense from a secured correctional facility, as defined in s. 48.02 938.02 (15m), or a
21secured child caring institution, as defined in s. 938.02 (15g),
if the person was placed
22in the facility for being adjudicated delinquent under s. 48.34 938.34 on the basis of
23a sexually violent offense or from a commitment order that was entered as a result
24of a sexually violent offense.
AB130-SSA1, s. 696 25Section 696. 980.02 (4) (am) of the statutes is amended to read:
AB130-SSA1,410,5
1980.02 (4) (am) The circuit court for the county in which the person will reside
2or be placed upon his or her discharge from a sentence, release on parole, release from
3imprisonment, from a secured correctional facility, as defined in s. 48.02 938.02
4(15m), or a secured child caring institution, as defined in s. 938.02 (15g), or from a
5commitment order.
AB130-SSA1, s. 697 6Section 697. 980.02 (4) (b) of the statutes is amended to read:
AB130-SSA1,410,107 980.02 (4) (b) The circuit court for the county in which the person is in custody
8under a sentence, a placement to a secured correctional facility, as defined in s. 48.02
9938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or
10a commitment order.
AB130-SSA1, s. 698 11Section 698. 980.04 (1) of the statutes is amended to read:
AB130-SSA1,410,2412 980.04 (1) Upon the filing of a petition under s. 980.02, the court shall review
13the petition to determine whether to issue an order for detention of the person who
14is the subject of the petition. The person shall be detained only if there is cause to
15believe that the person is eligible for commitment under s. 980.05 (5). A person
16detained under this subsection shall be held in a facility approved by the department.
17If the person is serving a sentence of imprisonment, is in a secured correctional
18facility, as defined in s. 48.02 938.02 (15m), or a secured child caring institution, as
19defined in s. 938.02 (15g),
or is committed to institutional care, and the court orders
20detention under this subsection, the court shall order that the person be transferred
21to a detention facility approved by the department. A detention order under this
22subsection remains in effect until the person is discharged after a trial under s.
23980.05 or until the effective date of a commitment order under s. 980.06, whichever
24is applicable.
AB130-SSA1, s. 699
1Section 699. 990.01 (3) of the statutes, as affected by 1995 Wisconsin Act 27,
2is amended to read:
AB130-SSA1,411,63 990.01 (3) Adult. "Adult" means a person who has attained the age of 18 years,
4except that for purposes of prosecuting a person who is alleged to have violated any
5state or federal criminal law or any civil law or municipal ordinance, "adult" means
6a person who has attained the age of 17 years.
AB130-SSA1, s. 700 7Section 700. 990.01 (20) of the statutes, as affected by 1995 Wisconsin Act 27,
8is amended to read:
AB130-SSA1,411,129 990.01 (20) Minor. "Minor" means a person who has not attained the age of
1018 years, except that for purposes of prosecuting a person who is alleged to have
11violated a state or federal criminal law or any civil law or municipal ordinance,
12"minor" does not include a person who has attained the age of 17 years.
AB130-SSA1, s. 701 13Section 701. 1995 Wisconsin Act 27, section 9126 (23) (f) 5. is amended to read:
AB130-SSA1,411,2114[1995 Wisconsin Act 27] Section 9126 (23) (f) 5. On the effective date of this
15subdivision, 6.1 FTE GPR positions in the division of management services in the
16department of health and social services funded from the appropriation under
17section 20.435 (8) (a) of the statutes, as affected by the acts of 1995, and the
18incumbent employes holding those positions are transferred to the department of
19corrections, and the positions become 3.0 6.1 FTE GPR positions to be funded from
20the appropriation under section 20.410 (1) (a) of the statutes, as affected by the acts
21of 1995.
AB130-SSA1, s. 9112 22Section 9112. Nonstatutory provisions; corrections.
AB130-SSA1,412,12 23(1g)Juvenile correctional institution rates. No later than January 15,
241996, the secretary of corrections shall submit to the secretary of administration and
25to the cochairpersons of the joint committee on finance proposed rates under section

1301.26 (4) (d) 3m. of the statutes, as created by 1995 Wisconsin Act 27, and section
2301.26 (4) (d) 4. of the statutes, as created by 1995 Wisconsin Act 27, for maintaining
3a child in a secured child caring institution, as defined in section 938.02 (15g) of the
4statutes, as created by this act. The rates may not vary according to the secured child
5caring institution in which a child is placed. The rates shall reflect the average daily
6cost associated with maintaining a child in a secured child caring institution. The
7secretary of administration shall evaluate the rates and, if the secretary of
8administration approves of the rates, the secretary of administration shall, no later
9than March 1, 1996, submit a report to the cochairpersons of the joint committee on
10finance containing proposed legislation providing for those rates effective on July 1,
111996. The department of health and social services shall assist the department of
12corrections in proposing those rates.
AB130-SSA1, s. 9310 13Section 9310. Initial applicability; circuit courts.
AB130-SSA1,412,21 14(1) Adult court jurisdiction over children. The treatment of sections 938.18
15(1) (a) 3., 938.183 (1) (b) and (c), 948.60 (2) (d) and 948.61 (4) of the statutes first
16applies to acts committed on the effective date of this subsection, but does not
17preclude the counting of a conviction or a waiver of jurisdiction under section 48.18
18of the statutes obtained, or a criminal proceeding commenced, before the effective
19date of this subsection for the purpose of conferring jurisdiction over a child on a court
20of criminal jurisdiction under section 938.183 (1) (b) or (c) of the statutes, as created
21by this act.
AB130-SSA1,412,25 22(2) Firearm possession penalties. The treatment of section 941.29 (2) of the
23statutes first applies to offenses committed on the effective date of this subsection,
24but does not preclude the counting of other offenses as prior offenses for purposes of
25sentencing a person.
AB130-SSA1,413,2
1(3) Substitution of a judge. The treatment of section 938.29 (1g) of the
2statutes first applies to petitions filed on the effective date of this subsection.
AB130-SSA1,413,4 3(4) No contest pleas. The treatment of section 938.30 (4) (bm) of the statutes
4first applies to pleas entered on the effective date of this subsection.
AB130-SSA1,413,9 5(5) Attendance at hearings, victim statements, court reports and disclosure
6of information to public.
The treatment of sections 120.12 (18), 938.299 (1) (a), (am)
7and (ar), 938.32 (1) (b) 1., 938.33 (3) (intro.), (4) (intro.), (4m) (intro.) and (a) and (5),
8938.335 (3m) (a), 938.396 (2m) and 972.14 (3) (a) of the statutes first applies to
9hearings held on the effective date of this subsection.
AB130-SSA1,413,15 10(6) Violations of dispositional orders. The treatment of sections 938.17 (2)
11(d) (with respect to failure to pay a forfeiture) and (h), 938.23 (1) (am), 938.34 (8) (with
12respect to failure to pay a forfeiture), 938.343 (2) (with respect to failure to pay a
13forfeiture) and 938.355 (6) (a), (an), (b) and (d) (intro.), 1. and 4., (6d) and (6g) (a) and
14(b) 1. of the statutes first applies to orders entered on the effective date of this
15subsection.
AB130-SSA1,413,17 16(7) Absconders. The treatment of section 946.50 of the statutes first applies
17to children who are adjudicated delinquent on the effective date of this subsection.
AB130-SSA1,413,20 18(8) Child custody hearings. The treatment of sections 938.208 (5), 938.21 (1)
19(a) and 938.534 (1) of the statutes first applies to children who are taken into custody
20or who enter a runway home on the effective date of this subsection.
AB130-SSA1,413,24 21(9) Deferred prosecution agreements and consent decrees. The treatment
22of sections 938.245 (2) (b) and 938.32 (2) (a) and (b) of the statutes first applies to
23deferred prosecution agreements and consent decrees entered into on the effective
24date of this subsection.
AB130-SSA1,414,3
1(10) Time limits in juvenile proceedings. The treatment of sections 938.24 (5),
2938.245 (7), 938.25 (2), 938.315 (1) (c) and (3) and 938.365 (6) of the statutes first
3applies to time periods beginning on the effective date of this subsection.
AB130-SSA1, s. 9400 4Section 9400. Effective dates. This act takes effect on July 1, 1996, or on
5the day after publication, whichever is later, except as follows:
AB130-SSA1,414,86 (2g) Youthful offender program. The amendment of section 48.065 (3) (f) of
7the statutes takes effect on December 1, 1995, or on the day after publication,
8whichever is later.
AB130-SSA1,414,169 (2m) Corrective sanctions program. The amendment of sections 46.22 (1) (c)
101. b., 46.26 (4) (d) 3., 48.02 (15m), 48.19 (1) (d) 6., 48.205 (1) (c), 48.208 (1), 48.357 (4),
11(4g) (b) and (d), (4m) and (5) (a), (b), (d), (e) and (g), 48.365 (7), 48.48 (13), 48.51 (1)
12(intro.), 48.533 (3), 48.78 (3), 101.123 (1) (i), 157.065 (2) (a) 4. c., 165.76 (1) (a) and
13(2) (b) 2. and 5., 227.03 (4), 302.31, 946.42 (1) (a), 946.44 (1) (a) and 946.45 (1) of the
14statutes and the creation of sections 48.02 (19) and (20), 48.533 (3) (b), 101.123 (3)
15(gg) and 302.386 (5) (c) of the statutes take effect of January 1, 1996, or on the day
16after publication, whichever is later.
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