AB130-SSA1, s. 558
1Section 558. 302.31 of the statutes, as affected by 1995 Wisconsin Act 27,
2section 6367, is amended to read:
AB130-SSA1,146,17 3302.31 Use of jails. The county jail may be used for the detention of persons
4charged with crime and committed for trial; for the detention of persons committed
5to secure their attendance as witnesses; to imprison persons committed pursuant to
6a sentence or held in custody by the sheriff for any cause authorized by law; for the
7detention of persons sentenced to imprisonment in state penal institutions or a
8county house of correction, until they are removed to those institutions; for the
9detention of persons participating in the intensive sanctions program; for the
10temporary detention of persons in the custody of the department; and for other
11detentions authorized by law. The county jail may be used for the temporary
12placement of persons in the custody of the department, and persons who have
13attained the age of 17 years but have not attained the age of 25 years who are under
14the supervision of the department of health and social services under s. 48.355 (4)
15or 48.366 and who have been taken into custody pending revocation of aftercare
16supervision under s. 48.357 (5) (e) or 48.366 (5) or corrective sanctions supervision
17under s. 48.357 (5) (e)
.
AB130-SSA1, s. 559 18Section 559. 302.31 of the statutes, as affected by 1995 Wisconsin Acts 27,
19section 6367m, and .... (this act), is repealed and recreated to read:
AB130-SSA1,147,8 20302.31 Use of jails. The county jail may be used for the detention of persons
21charged with crime and committed for trial; for the detention of persons committed
22to secure their attendance as witnesses; to imprison persons committed pursuant to
23a sentence or held in custody by the sheriff for any cause authorized by law; for the
24detention of persons sentenced to imprisonment in state penal institutions or a
25county house of correction, until they are removed to those institutions; for the

1detention of persons participating in the intensive sanctions program; for the
2temporary detention of persons in the custody of the department; and for other
3detentions authorized by law. The county jail may be used for the temporary
4placement of persons in the custody of the department, other than persons under 17
5years of age, and persons who have attained the age of 17 years but have not attained
6the age of 25 years who are under the supervision of the department under s. 48.366
7or 938.355 (4) and who have been taken into custody pending revocation of aftercare
8supervision under s. 48.366 (5) or 938.357 (5) (e).
AB130-SSA1, s. 560 9Section 560. 302.386 (1) of the statutes is amended to read:
AB130-SSA1,147,1910 302.386 (1) Except as provided in sub. (5), liability for medical and dental
11services furnished to residents housed in prisons identified in s. 302.01 or in a
12secured correctional facility as defined in s. 48.02 938.02 (15m), or in a secured child
13caring institution, as defined in s. 938.02 (15g),
or to forensic patients in state
14institutions for those services which are not provided by employes of the department
15shall be limited to the amounts payable under ss. 49.43 to 49.47, except s. 49.468, for
16similar services. The department may waive any such limit if it determines that
17needed services cannot be obtained for the applicable amount. No provider of
18services may bill the resident or patient for the cost of services exceeding the amount
19of the liability under this subsection.
AB130-SSA1, s. 561 20Section 561. 302.386 (2) (intro.) of the statutes is amended to read:
AB130-SSA1,147,2521 302.386 (2) (intro.) The liability of the state for medical and dental services
22under sub. (1) does not extend to that part of the medical or dental services of a
23resident housed in a prison identified in s. 302.01 or in, a secured correctional facility
24as defined in s. 48.02 938.02 (15m) , or a secured child caring institution, as defined
25in s. 938.02 (15g),
for which any of the following applies:
AB130-SSA1, s. 562
1Section 562. 302.386 (3) (a) of the statutes, as affected by 1995 Wisconsin Act
227
, is amended to read:
AB130-SSA1,148,93 302.386 (3) (a) Except as provided in par. (b), the department may require a
4resident housed in a prison identified in s. 302.01 or in a secured correctional facility
5as defined in s. 48.02 938.02 (15m) who earns wages during residency and who
6receives medical or dental services to pay a deductible, coinsurance, copayment or
7similar charge upon the medical or dental service that he or she receives. The
8department shall collect the allowable deductible, coinsurance, copayment or similar
9charge.
AB130-SSA1, s. 563 10Section 563. 302.386 (5) (c) of the statutes is created to read:
AB130-SSA1,148,1311 302.386 (5) (c) Any participant in the corrective sanctions program under s.
1248.533 unless he or she is placed in a Type 1 secured correctional facility, as defined
13in s. 48.02 (19).
AB130-SSA1, s. 564 14Section 564. 302.386 (5) (c) of the statutes, as created by 1995 Wisconsin Act
15.... (this act), is amended to read:
AB130-SSA1,148,1816 302.386 (5) (c) Any participant in the corrective sanctions program under s.
1748.533 938.533 unless he or she is placed in a Type 1 secured correctional facility, as
18defined in s. 48.02 938.02 (19).
AB130-SSA1, s. 565 19Section 565. 302.386 (5) (d) of the statutes is created to read:
AB130-SSA1,148,2320 302.386 (5) (d) Any participant in the serious juvenile offender program under
21s. 938.538 unless he or she is placed in a Type 1 secured correctional facility, as
22defined in s. 938.02 (19), or in a Type 1 prison other than the institution authorized
23under s. 301.046 (1).
AB130-SSA1, s. 566 24Section 566. 302.425 (2g) of the statutes, as created by 1995 Wisconsin Act 27,
25is amended to read:
AB130-SSA1,149,4
1302.425 (2g) (title) County departments and department of health and social
2services
; general authority. Subject to the limitations under sub. (3m), a county
3department or the department of health and social services may place in the home
4detention program any child who is in its custody or under its supervision.
AB130-SSA1, s. 567 5Section 567. 302.425 (2m) of the statutes, as affected by 1995 Wisconsin Act
627
, is amended to read:
AB130-SSA1,149,97 302.425 (2m) Intensive sanctions program participants. Notwithstanding the
8agreement requirements under sub. (3), the department of corrections may place any
9intensive sanctions program participant in a home detention program.
AB130-SSA1, s. 568 10Section 568. 302.425 (3) of the statutes, as affected by 1995 Wisconsin Acts
1126 and 27, is amended to read:
AB130-SSA1,149,2212 302.425 (3) Placement of a prisoner in the program. If a prisoner described
13under sub. (2) and the department of corrections agree, the sheriff or superintendent
14may place the prisoner in the home detention program and provide that the prisoner
15be detained at the prisoner's place of residence or other place designated by the
16sheriff or superintendent and be monitored by an active electronic monitoring
17system. The sheriff or superintendent shall establish reasonable terms of detention
18and ensure that the prisoner is provided a written statement of those terms,
19including a description of the detention monitoring procedures and requirements
20and of any applicable liability issues. The terms may include a requirement that the
21prisoner pay the county a daily fee to cover the county costs associated with
22monitoring him or her.
AB130-SSA1, s. 569 23Section 569. 302.425 (3m) of the statutes, as created by 1995 Wisconsin Act
2427
, is amended to read:
AB130-SSA1,150,13
1302.425 (3m) Placement of a child in the program. Upon The department or,
2upon
the agreement of the department of corrections, the county department or the
3department of health and social services
may place the child in the home detention
4program and provide that the child be detained at the child's place of residence or
5other place designated by the department or the county department or the
6department of health and social services
and be monitored by an active electronic
7monitoring system. The department or the county department or the department of
8health and social services
shall provide reasonable terms of detention and ensure
9that the child receives a written statement of those terms, including a description of
10the detention monitoring procedures and requirements and of any applicable
11liability issues. The terms may include a requirement that the child or his or her
12parent or guardian pay the county or state a daily fee to cover the costs associated
13with monitoring him or her.
AB130-SSA1, s. 570 14Section 570. 302.425 (4) of the statutes, as affected by 1995 Wisconsin Act 27,
15is amended to read:
AB130-SSA1,150,2416 302.425 (4) Departmental duties. The department of corrections shall ensure
17that electronic monitoring equipment units are available, pursuant to contractual
18agreements with county sheriffs, and county departments and the department of
19health and social services
, throughout the state on an equitable basis. If a prisoner
20is chosen under sub. (3) or a child is chosen under sub. (3m) to participate in the home
21detention program, the department of corrections shall install and monitor
22electronic monitoring equipment. The department of corrections shall charge the
23county a daily per prisoner fee or per child fee, whichever is applicable, to cover the
24department's costs for these services.
AB130-SSA1, s. 571
1Section 571. 303.215 of the statutes, as affected by 1995 Wisconsin Act 27, is
2amended to read:
AB130-SSA1,151,13 3303.215 Compensation to prisoners or residents injured in prison
4industries employment.
In accordance with s. 102.03 (2), for an inmate of a state
5institution or a resident subject to s. 303.01 (1) (b) employed under s. 303.06 (2),
6compensation under ch. 102 on being released from the applicable institution, on
7parole, on final discharge or in accordance with ch. 48 938, whichever is applicable,
8is the exclusive remedy against the department and any employe of the department
9for any injury sustained by the inmate or resident while performing service growing
10out of and incidental to that employment. The department shall make any payments
11required under this section from the revolving appropriation for the operation of
12prison industries or, if there is no revolving appropriation for the operation of prison
13industries, from the general fund.
AB130-SSA1, s. 572 14Section 572. 304.06 (1) (b) of the statutes, as affected by 1995 Wisconsin Act
1527
, section 6405m, is amended to read:
AB130-SSA1,152,716 304.06 (1) (b) Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3) or
17973.0135, the parole commission may parole an inmate of the Wisconsin state
18prisons or any felon or any person serving at least one year or more in a county house
19of correction or a county reforestation camp organized under s. 303.07, when he or
20she has served 25% of the sentence imposed for the offense, or 6 months, whichever
21is greater. The parole commission may parole a participant in the serious juvenile
22offender program under s. 48.538 938.538 when he or she has participated in that
23program for 2 years. Except as provided in s. 939.62 (2m) or 973.014, the parole
24commission may parole an inmate serving a life term when he or she has served 20
25years, as modified by the formula under s. 302.11 (1) and subject to extension using

1the formulas under s. 302.11 (2). The person serving the life term shall be given
2credit for time served prior to sentencing under s. 973.155, including good time under
3s. 973.155 (4). The secretary may grant special action parole releases under s.
4304.02. The department or the parole commission shall not provide any convicted
5offender or other person sentenced to the department's custody any parole eligibility
6or evaluation until the person has been confined at least 60 days following
7sentencing.
AB130-SSA1, s. 573 8Section 573. 304.06 (1z) of the statutes is created to read:
AB130-SSA1,152,129 304.06 (1z) If a person is placed in the serious juvenile offender program under
10s. 938.34 (4h), he or she is eligible for a release to parole supervision under this
11section and remains in the serious juvenile offender program unless discharged by
12the department under s. 938.537 (5) (b).
AB130-SSA1, s. 574 13Section 574. 340.01 (9r) (d) of the statutes is amended to read:
AB130-SSA1,152,1614 340.01 (9r) (d) A finding by a court assigned to exercise jurisdiction under ch.
15chs. 48 and 938 of a violation of chs. 341 to 349 and 351 or a local ordinance enacted
16under ch. 349.
AB130-SSA1, s. 575 17Section 575. 343.06 (1) (i) of the statutes is amended to read:
AB130-SSA1,153,518 343.06 (1) (i) To any person who has been convicted of any offense specified
19under ss. 940.225, 948.02, 948.025 and 948.07 or adjudged delinquent under ch. 48
20938 for a like or similar offense, when the sentencing court makes a finding that
21issuance of a license will be inimical to the public safety and welfare. The prohibition
22against issuance of a license to the offenders shall apply immediately upon receipt
23of a record of the conviction and the court finding by the secretary, for a period of one
24year or until discharge from any jail or prison sentence or any period of probation or
25parole with respect to the offenses specified, whichever date is the later. Receipt by

1the offender of a certificate of discharge from the department of corrections or other
2responsible supervising agency, after one year has elapsed since the prohibition
3began, entitles the holder to apply for an operator's license. The applicant may be
4required to present the certificate of discharge to the secretary if the latter deems it
5necessary.
AB130-SSA1, s. 576 6Section 576. 343.30 (5) of the statutes is amended to read:
AB130-SSA1,153,157 343.30 (5) No court may suspend or revoke an operating privilege except as
8authorized by this chapter or ch. 48, 345 or, 351 or 938 or s. 161.50. When a court
9revokes, suspends or restricts a child's operating privilege under ch. 48 938, the
10department of transportation shall not disclose information concerning or relating
11to the revocation, suspension or restriction to any person other than a court, district
12attorney, county corporation counsel, city, village or town attorney, law enforcement
13agency, or the minor whose operating privilege is revoked, suspended or restricted,
14or his or her parent or guardian. Persons entitled to receive this information shall
15not disclose the information to other persons or agencies.
AB130-SSA1, s. 577 16Section 577. 343.30 (6) (b) (intro.) of the statutes is amended to read:
AB130-SSA1,153,1917 343.30 (6) (b) (intro.) If a court imposes suspension or revocation of a person's
18operating privilege under s. 48.344 (2), (2b) or (2d) or 125.07 (4) (c) or 938.344 (2), (2b)
19or (2d)
, the suspension or revocation imposed shall be one of the following:
AB130-SSA1, s. 578 20Section 578. 752.31 (2) (e) of the statutes is amended to read:
AB130-SSA1,153,2121 752.31 (2) (e) Cases under ch. chs. 48 and 938.
AB130-SSA1, s. 579 22Section 579. 757.69 (1) (intro.) of the statutes is amended to read:
AB130-SSA1,154,223 757.69 (1) (intro.) On authority delegated by a judge, which may be by a
24standard order, and with the approval of the chief judge of the judicial administrative

1district, a court commissioner appointed under s. 48.065, 757.68, 757.72 or, 767.13
2or 938.065 may:
AB130-SSA1, s. 580 3Section 580. 757.69 (1) (g) of the statutes is amended to read:
AB130-SSA1,154,194 757.69 (1) (g) When assigned to the court assigned jurisdiction under ch. chs.
548 and 938, a court commissioner may, under ch. 48 or 938, issue summonses and
6warrants, order the release or detention of children apprehended, conduct detention
7and shelter care hearings, conduct preliminary appearances, conduct uncontested
8proceedings under ss. 48.12 and 48.13, 938.12, 938.13 and 938.18, enter into consent
9decrees and exercise the powers and perform the duties specified in par. (j) or (m),
10whichever is applicable, in proceedings under s. 813.122 or 813.125 in which the
11respondent is a child. Waiver Contested waiver hearings under s. 48.18 938.18 and
12dispositional hearings under ss. 48.33 to 48.35 48.335 and 938.335 shall be
13conducted by a judge. When acting in an official capacity and assigned to the
14children's court center, a court commissioner shall sit at the children's court center
15or such other facility designated by the chief judge. Any decision by the
16commissioner shall be reviewed by the judge of the branch of court to which the case
17has been assigned, upon motion of any party. Any determination, order or ruling by
18the commissioner may be certified to the branch of court to which such case has been
19assigned upon a motion of any party for a hearing de novo.
AB130-SSA1, s. 581 20Section 581. 757.69 (1) (k) of the statutes is amended to read:
AB130-SSA1,154,2321 757.69 (1) (k) Exercise the power of a juvenile court commissioner appointed
22under s. 48.065 or 938.065, a probate court commissioner appointed under s. 757.72
23or a family court commissioner appointed under s. 767.13.
AB130-SSA1, s. 582 24Section 582. 757.69 (2) (intro.) of the statutes is amended to read:
AB130-SSA1,155,2
1757.69 (2) (intro.) A judge may refer to a court commissioner appointed under
2s. 48.065, 757.68, 757.72 or, 767.13 or 938.065 cases in which:
AB130-SSA1, s. 583 3Section 583. 757.69 (3) (intro.) of the statutes is amended to read:
AB130-SSA1,155,54 757.69 (3) (intro.) Court commissioners appointed under s. 48.065, 757.68,
5757.72 or, 767.13 or 938.065 may under their own authority:
AB130-SSA1, s. 584 6Section 584. 757.81 (2) of the statutes is amended to read:
AB130-SSA1,155,97 757.81 (2) "Court commissioner" means a court commissioner under s. 757.68,
8a family court commissioner under s. 767.13, a juvenile court commissioner under
9s. 48.065 or 938.065 and a probate court commissioner under s. 757.72.
AB130-SSA1, s. 585 10Section 585. 758.19 (6) (a) of the statutes, as affected by 1995 Wisconsin Act
1127
, is amended to read:
AB130-SSA1,155,1612 758.19 (6) (a) In this subsection, "guardian ad litem costs" means the costs of
13guardian ad litem compensation that a county incurs under ch. 48, 55, 767 or, 880
14or 938, that the county has final legal responsibility to pay or that the county is
15unable to recover from another person and that does not exceed the per hour rate
16established for time spent in court by private attorneys under s. 977.08 (4m) (b).
AB130-SSA1, s. 586 17Section 586. 758.19 (6) (d) 1. and 2. of the statutes, as affected by 1995
18Wisconsin Act 27
, are amended to read:
AB130-SSA1,155,2119 758.19 (6) (d) 1. The total cost of guardian ad litem compensation that the
20county incurred under chs. 48, 55, 767 and, 880 and 938 in the previous calendar
21year.
AB130-SSA1,155,2422 2. The total guardian ad litem compensation that the county initially paid
23under chs. 48, 55, 767 and, 880 and 938 and that was recovered in the previous
24calendar year by the county from another responsible person.
AB130-SSA1, s. 587 25Section 587. 767.02 (1) (m) of the statutes is amended to read:
AB130-SSA1,156,3
1767.02 (1) (m) To enforce or revise an order for support entered under s. 48.355
2(2) (b) 4., 48.357 (5m) or, 48.363 (2) , 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m) or
3938.363 (2)
.
AB130-SSA1, s. 588 4Section 588. 767.24 (3) (e) of the statutes is amended to read:
AB130-SSA1,156,75 767.24 (3) (e) The charges for care furnished to a child whose custody is
6transferred under this subsection shall be pursuant to the procedure under s. 48.36
7(1) or 938.36 (1) except as provided in s. 767.29 (3).
AB130-SSA1, s. 589 8Section 589. 767.29 (3) of the statutes is amended to read:
AB130-SSA1,156,169 767.29 (3) If maintenance payments or support money, or both, is ordered to
10be paid for the benefit of any person, who is committed by court order to an institution
11or is in confinement, or whose legal custody is vested by court order under ch. 48 or
12938
in an agency, department or relative, the court or family court commissioner may
13order such maintenance payments or support money to be paid to the relative or
14agency, institution, welfare department or other entity having the legal or actual
15custody of said person, and to be used for the latter's care and maintenance, without
16the appointment of a guardian under ch. 880.
AB130-SSA1, s. 590 17Section 590. 767.30 (1) of the statutes is amended to read:
AB130-SSA1,156,2518 767.30 (1) If the court orders any payment for support under s. 48.355 (2) (b)
194., 48.357 (5m) or, 48.363 (2), 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m) or 938.363
20(2),
support or maintenance under s. 767.08, child support, family support or
21maintenance under s. 767.23, child support under s. 767.25, maintenance under s.
22767.26, family support under s. 767.261, attorney fees under s. 767.262, paternity
23obligations under s. 767.51, support arrearages under s. 767.293 or child or spousal
24support under s. 948.22 (7), the court may provide that any payment be paid in the
25amounts and at the times as that it considers expedient.
AB130-SSA1, s. 591
1Section 591. 767.305 of the statutes is amended to read:
AB130-SSA1,157,11 2767.305 Enforcement; contempt proceedings. In all cases where a party
3has incurred a financial obligation under s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2),
4767.23, 767.25, 767.255, 767.26, 767.261, 767.262 or, 767.293, 938.183 (2), 938.355
5(2) (b) 4., 938.357 (5m) or 938.363 (2)
and has failed within a reasonable time or as
6ordered by the court to satisfy such obligation, and where the wage assignment
7proceeding under s. 767.265 and the account transfer under s. 767.267 are
8inapplicable, impractical or unfeasible, the court may on its own initiative, and shall
9on the application of the receiving party, issue an order requiring the payer to show
10cause at some reasonable time therein specified why he or she should not be punished
11for such misconduct as provided in ch. 785.
AB130-SSA1, s. 592 12Section 592. 767.32 (1) (a) of the statutes is amended to read:
AB130-SSA1,158,1313 767.32 (1) (a) After a judgment or order providing for child support under this
14chapter or s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 938.183 (2), 938.355 (2) (b) 4.,
15938.357 (5m), 938.363 (2)
or 948.22 (7), maintenance payments under s. 767.26 or
16family support payments under this chapter, or for the appointment of trustees
17under s. 767.31, the court may, from time to time, on the petition, motion or order to
18show cause of either of the parties, or upon the petition, motion or order to show cause
19of the department of health and social services, a county department under s. 46.215,
2046.22 or 46.23 or a child support program designee under s. 59.07 (97) if an
21assignment has been made under s. 49.19 (4) (h) or 49.45 (19) or if either party or
22their minor children receive aid under ch. 49, and upon notice to the family court
23commissioner, revise and alter such judgment or order respecting the amount of such
24maintenance or child support and the payment thereof, and also respecting the
25appropriation and payment of the principal and income of the property so held in

1trust, and may make any judgment or order respecting any of the matters that such
2court might have made in the original action, except that a judgment or order that
3waives maintenance payments for either party shall not thereafter be revised or
4altered in that respect nor shall the provisions of a judgment or order with respect
5to final division of property be subject to revision or modification. A revision, under
6this section, of a judgment or order with respect to an amount of child or family
7support may be made only upon a finding of a substantial change in circumstances.
8In any action under this section to revise a judgment or order with respect to
9maintenance payments, a substantial change in the cost of living by either party or
10as measured by the federal bureau of labor statistics may be sufficient to justify a
11revision of judgment or order with respect to the amount of maintenance, except that
12a change in an obligor's cost of living is not in itself sufficient if payments are
13expressed as a percentage of income.
AB130-SSA1, s. 593 14Section 593. 767.32 (2r) of the statutes is amended to read:
AB130-SSA1,158,1815 767.32 (2r) If the court revises a judgment or order providing for child support
16that was entered under s. 448.355 (2) (b) 4., 48.357 (5m) or, 48.363 (2), 938.183 (2),
17938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2),
the court shall determine child support
18in the manner provided in s. 46.10 (14).
AB130-SSA1, s. 594 19Section 594. 767.47 (10) of the statutes is amended to read:
AB130-SSA1,158,2220 767.47 (10) A record of the testimony of the child's mother relating to the child's
21paternity, made as provided under s. 48.299 (6) or 938.299 (6), is admissible in
22evidence on the issue of paternity.
AB130-SSA1, s. 595 23Section 595. 778.25 (1) (a) 1. of the statutes is amended to read:
AB130-SSA1,159,224 778.25 (1) (a) 1. Under s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 161.573
25(2), 161.574 (2) or 161.575 (2) or under a local ordinance strictly conforming to one

1of those statutes brought against an adult in circuit court or against a minor in the
2court assigned to exercise jurisdiction under ch. chs. 48 and 938.
AB130-SSA1, s. 596 3Section 596. 778.25 (1) (a) 4. of the statutes is amended to read:
AB130-SSA1,159,54 778.25 (1) (a) 4. Under s. 48.983 brought against a minor in the court assigned
5to exercise jurisdiction under ch. chs. 48 and 938.
AB130-SSA1, s. 597 6Section 597. 778.25 (1) (a) 5. of the statutes is amended to read:
AB130-SSA1,159,97 778.25 (1) (a) 5. Under administrative rules promulgated by the board of
8regents under s. 36.11 (1) (c) brought against an adult in circuit court or against a
9minor in the court assigned to exercise jurisdiction under ch. chs. 48 and 938.
AB130-SSA1, s. 598 10Section 598. 778.25 (8) (a) of the statutes is amended to read:
AB130-SSA1,159,1411 778.25 (8) (a) If the defendant has not made a deposit, the court may issue a
12summons or an arrest warrant, except if the defendant is a minor the court shall
13proceed under s. 48.28 938.28. Chapter 48 938 governs taking and holding a minor
14in custody.
AB130-SSA1, s. 599 15Section 599. 778.25 (8) (b) of the statutes is amended to read:
AB130-SSA1,160,616 778.25 (8) (b) If the defendant has made a deposit, the citation may serve as
17the initial pleading and the defendant shall be considered to have tendered a plea
18of no contest and submitted to a forfeiture, penalty assessment and jail assessment
19plus costs, including any applicable fees prescribed in ch. 814, not exceeding the
20amount of the deposit. The court may either accept the plea of no contest and enter
21judgment accordingly, or reject the plea and issue a summons or arrest warrant,
22except if the defendant is a minor the court shall proceed under s. 48.28 938.28.
23Chapter 48 938 governs taking and holding a minor in custody. If the court accepts
24the plea of no contest, the defendant may move within 90 days after the date set for
25appearance to withdraw the plea of no contest, open the judgment and enter a plea

1of not guilty if the defendant shows to the satisfaction of the court that failure to
2appear was due to mistake, inadvertence, surprise or excusable neglect. If a party
3is relieved from the plea of no contest, the court or judge may order a written
4complaint or petition to be filed. If on reopening the defendant is found not guilty,
5the court shall delete the record of conviction and shall order the defendant's deposit
6returned.
AB130-SSA1, s. 600 7Section 600. 778.25 (8) (c) of the statutes is amended to read:
AB130-SSA1,160,208 778.25 (8) (c) If the defendant has made a deposit and stipulation of no contest,
9the citation serves as the initial pleading and the defendant shall be considered to
10have tendered a plea of no contest and submitted to a forfeiture, penalty assessment
11and jail assessment plus costs, including any applicable fees prescribed in ch. 814,
12not exceeding the amount of the deposit. The court may either accept the plea of no
13contest and enter judgment accordingly, or reject the plea and issue a summons or
14arrest warrant, except if the defendant is a minor the court shall proceed under s.
1548.28 938.28. Chapter 48 938 governs taking and holding a minor in custody. After
16signing a stipulation of no contest, the defendant may, at any time prior to or at the
17time of the court appearance date, move the court for relief from the effect of the
18stipulation. The court may act on the motion, with or without notice, for cause shown
19by affidavit and upon just terms, and relieve the defendant from the stipulation and
20the effects of the stipulation.
AB130-SSA1, s. 601 21Section 601. 808.04 (3) of the statutes is amended to read:
AB130-SSA1,160,2422 808.04 (3) Except as provided in subs. (4) and (7), an appeal in a criminal case
23or a case under ch. 48, 51 or, 55 or 938 shall be initiated within the time period
24specified in s. 809.30.
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