Amendment AA26-ASA1-AB150

AB150-ASA1-AA26,409,18 795. Page 2218, line 1: delete lines 1 to 5.

AB150-ASA1-AA26,409,19 796. Page 2219, line 12: delete lines 12 to 25.

AB150-ASA1-AA26,409,20 797. Page 2227, line 4: substitute "73.255" for "49.855".

AB150-ASA1-AA26,409,23 798. Page 2228, line 3: delete lines 3 to 5 and substitute: "son to be charged if the prosecutor specifies in the complaint the penalties, including imprisonment, authorized by law for the offense.".

AB150-ASA1-AA26,410,1 799. Page 2228, line 6: delete lines 6 and 7.

AB150-ASA1-AA26,410,2 800. Page 2228, line 14: after that line insert:

AB150-ASA1-AA26,410,3 " Section 7245mm. 967.055 (2) (a) of the statutes is amended to read:

AB150-ASA1-AA26,410,20 967.055 (2) (a) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss or amend a charge under s. 346.63 (1) or (5) or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle or an improper refusal under s. 343.305, the prosecutor shall apply to the court. The application shall state the reasons for the proposed amendment or dismissal. The court may approve the application only if the court finds that the proposed amendment or dismissal is consistent with the public's interest in deterring the operation of motor vehicles by persons who are under the influence of an intoxicant, a controlled substance or both, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving, or in deterring the operation of commercial motor vehicles by persons with an alcohol concentration of 0.04 or more. The court may not approve an application to amend the vehicle classification from a commercial motor vehicle to a noncommercial motor vehicle unless there is evidence in the record that the motor vehicle being operated by the defendant at the time of his or her arrest was not a commercial motor vehicle.".

AB150-ASA1-AA26,410,22 801. Page 2228, line 20: delete the material beginning with that line and ending with page 2229, line 2.

AB150-ASA1-AA26,410,23 802. Page 2229, line 2: after that line insert:

AB150-ASA1-AA26,410,24 " Section 7246r. 969.01 (2) (a) of the statutes is amended to read:

AB150-ASA1-AA26,411,3 969.01 (2) (a) Release pursuant to s. 969.02 or 969.03 may be allowed in the discretion of the trial court after conviction and prior to sentencing or the granting of probation or community supervision.

AB150-ASA1-AA26, s. 7246s Section 7246s. 969.01 (4) of the statutes is amended to read:

AB150-ASA1-AA26,411,22 969.01 (4) Considerations in setting conditions of release. If bail is imposed, it shall be only in the amount found necessary to assure the appearance of the defendant. Conditions of release, other than monetary conditions, may be imposed for the purpose of protecting members of the community from serious bodily harm or preventing intimidation of witnesses. Proper considerations in determining whether to release the defendant without bail, fixing a reasonable amount of bail or imposing other reasonable conditions of release are: the ability of the arrested person to give bail, the nature, number and gravity of the offenses and the potential penalty the defendant faces, whether the alleged acts were violent in nature, the defendant's prior criminal record, if any, the character, health, residence and reputation of the defendant, the character and strength of the evidence which has been presented to the judge, whether the defendant is currently on probation, community supervision or parole, whether the defendant is already on bail or subject to other release conditions in other pending cases, whether the defendant has been bound over for trial after a preliminary examination, whether the defendant has in the past forfeited bail or violated a condition of release or was a fugitive from justice at the time of arrest, and the policy against unnecessary detention of the defendant's pending trial.

AB150-ASA1-AA26, s. 7246t Section 7246t. 969.03 (3) of the statutes is amended to read:

AB150-ASA1-AA26,412,3 969.03 (3) Once bail has been given and a charge is pending or is thereafter filed or transferred to another court, the latter court shall continue the original bail in that court subject to s. 969.08. A single bond form shall be utilized for all stages of the proceedings through conviction and sentencing or the granting of probation or community supervision.".

AB150-ASA1-AA26,412,4 803. Page 2229, line 20: after that line insert:

AB150-ASA1-AA26,412,5 " Section 7247t. 971.165 (2) of the statutes is amended to read:

AB150-ASA1-AA26,412,14 971.165 (2) If the plea of not guilty by reason of mental disease or defect is tried to a jury, the court shall inform the jury that the effect of a verdict of not guilty by reason of mental disease or defect is that, in lieu of criminal sentence or, probation or community supervision, the defendant will be committed to the custody of the department of health and social services and will be placed in an appropriate institution unless the court determines that the defendant would not pose a danger to himself or herself or to others if released under conditions ordered by the court. No verdict on the plea of not guilty by reason of mental disease or defect may be valid or received unless agreed to by at least five-sixths of the jurors.".

AB150-ASA1-AA26,412,15 804. Page 2230, line 6: after that line insert:

AB150-ASA1-AA26,412,16 " Section 7249s. 972.13 (7) of the statutes is amended to read:

AB150-ASA1-AA26,412,20 972.13 (7) The department shall prescribe and furnish forms to the clerk of each county for use as judgments in cases where a defendant is placed on probation or community supervision or committed to the custody of the department pursuant to chs. 967 to 979.

AB150-ASA1-AA26, s. 7249t Section 7249t. 972.15 (5) (intro.) of the statutes is amended to read:

AB150-ASA1-AA26,413,6 972.15 (5) (intro.) The department may use the presentence investigation report for correctional programming, parole consideration or care and treatment of any person sentenced to imprisonment or the intensive sanctions program, placed on probation or community supervision, released on parole or committed to the department under ch. 51 or 971 or any other person in the custody of the department or for research purposes. The department may make the report available to other agencies or persons to use for purposes related to correctional programming, parole consideration, care and treatment, or research. Any use of the report under this subsection is subject to the following conditions:".

AB150-ASA1-AA26,413,7 805. Page 2231, line 2: after that line insert:

AB150-ASA1-AA26,413,8 " Section 7253m. 973.015 (2) of the statutes is amended to read:

AB150-ASA1-AA26,413,16 973.015 (2) A person has successfully completed the sentence if the person has not been convicted of a subsequent offense and, if on probation, the probation has not been revoked and the probationer has satisfied the conditions of probation. If the person is on community supervision, the person has successfully completed the sentence if he or she has satisfied the conditions of community supervision. Upon successful completion of the sentence the detaining or probationary or supervising authority shall issue a certificate of discharge which shall be forwarded to the court of record and which shall have the effect of expunging the record.".

AB150-ASA1-AA26,413,17 806. Page 2231, line 11: after that line insert:

AB150-ASA1-AA26,413,18 " Section 7255am. 973.045 (1) (intro.) of the statutes is amended to read:

AB150-ASA1-AA26,413,21 973.045 (1) (intro.) On or after October 1, 1983, if a court imposes a sentence or places a person on probation or community supervision, the court shall impose a crime victim and witness assistance surcharge calculated as follows:".

AB150-ASA1-AA26,413,23 807. Page 2231, line 12: delete the material beginning with that line and ending with page 2233, line 5.

AB150-ASA1-AA26,413,24 808. Page 2232, line 3: after that line insert:

AB150-ASA1-AA26,414,1 " Section 7255jm. 973.046 (1) (intro.) of the statutes is amended to read:

AB150-ASA1-AA26,414,5 973.046 (1) (intro.) Beginning on August 12, 1993, if a court imposes a sentence or places a person on probation or community supervision under any of the following circumstances, the court shall impose a deoxyribonucleic acid analysis surcharge of $250:".

AB150-ASA1-AA26,414,6 809. Page 2232, line 18: after that line insert:

AB150-ASA1-AA26,414,7 " Section 7255sm. 973.047 (1) (b) of the statutes is amended to read:

AB150-ASA1-AA26,414,15 973.047 (1) (b) Except as provided in par. (a), if a court imposes a sentence or places a person on probation or community supervision for any violation under chs. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. The court may require the person to comply with the reporting requirements under s. 175.45 if the court determines that the underlying conduct was seriously sexually assaultive in nature and that it would be in the interest of public protection to have the person report under s. 175.45.

AB150-ASA1-AA26, s. 7255tg Section 7255tg. 973.05 (2) of the statutes is amended to read:

AB150-ASA1-AA26,415,20 973.05 (2) When a defendant is sentenced to pay a fine and is also placed on probation or community supervision, the court may make the payment of the fine, the penalty assessment, the jail assessment, the crime victim and witness assistance surcharge, any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse program improvement surcharge, any applicable domestic abuse assessment, any applicable uninsured employer assessment, any applicable driver improvement surcharge, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment and any applicable natural resources restitution payments a condition of probation or community supervision. When the payments are made a condition of probation or community supervision by the court, payments thereon shall be applied first to payment of the penalty assessment until paid in full, shall then be applied to the payment of the jail assessment until paid in full, shall then be applied to the payment of part A of the crime victim and witness assistance surcharge until paid in full, shall then be applied to part B of the crime victim and witness assistance surcharge until paid in full, shall then be applied to the deoxyribonucleic acid analysis surcharge until paid in full, shall then be applied to the drug abuse improvement surcharge until paid in full, shall then be applied to payment of the driver improvement surcharge until paid in full, shall then be applied to payment of the domestic abuse assessment until paid in full, shall then be applied to payment of the natural resources assessment if applicable until paid in full, shall then be applied to payment of the natural resources restitution payment until paid in full, shall then be applied to the payment of the environmental assessment if applicable until paid in full, shall then be applied to the payment of the wild animal protection assessment if applicable until paid in full, shall then be applied to payment of the weapons assessment until paid in full, shall then be applied to payment of the uninsured employer assessment until paid in full and shall then be applied to payment of the fine.

AB150-ASA1-AA26, s. 7255tm Section 7255tm. 973.055 (1) (intro.) of the statutes is amended to read:

AB150-ASA1-AA26,415,25 973.055 (1) (intro.) If a court imposes a sentence on an adult person or places an adult person on probation or community supervision, regardless of whether any fine is imposed, the court shall impose a domestic abuse assessment of $50 for each offense if:".

AB150-ASA1-AA26,416,2 810. Page 2233, line 8: delete "state treasurer secretary of administration" and substitute "state treasurer".

AB150-ASA1-AA26,416,3 811. Page 2233, line 15: delete lines 15 to 23.

AB150-ASA1-AA26,416,4 812. Page 2233, line 24: delete that line.

AB150-ASA1-AA26,416,5 813. Page 2234, line 1: delete lines 1 to 24 and substitute:

AB150-ASA1-AA26,416,6 " Section 7257j. 973.09 (1) (a) of the statutes is amended to read:

AB150-ASA1-AA26,416,16 973.09 (1) (a) Except as provided in par. (c) or s. 939.615 (2m) or if probation is prohibited for a particular offense by statute, if a person is convicted of a crime, the court, by order, may withhold sentence or impose sentence under s. 973.15 and stay its execution, and in either case place the person on probation to the department for a stated period, stating in the order the reasons therefor. The court may impose any conditions which appear to be reasonable and appropriate. The period of probation may be made consecutive to a sentence on a different charge, whether imposed at the same time or previously. If the court imposes an increased term of probation, as authorized under sub. (2) (a) 2. or (b) 2., it shall place its reasons for doing so on the record.

AB150-ASA1-AA26, s. 7257k Section 7257k. 973.095 of the statutes is created to read:

AB150-ASA1-AA26,416,23 973.095 Community supervision. (1) If a person is convicted of a misdemeanor to which s. 939.615 (1) applies, a court may impose sentence, impose sentence and stay its execution or withhold sentence and, in any case, may place the person on community supervision to the department for a stated period not exceeding one year. A person placed on community supervision under this subsection shall be monitored by a probation and parole agent of the department.

AB150-ASA1-AA26,417,2 (2) A court may impose one or more of the following conditions when placing a person on community supervision under sub. (1):

AB150-ASA1-AA26,417,3 (a) Payment of any fine and any assessments, surcharges, costs or fees imposed.

AB150-ASA1-AA26,417,4 (b) Community service, as provided under sub. (3).

AB150-ASA1-AA26,417,5 (c) Restitution, as provided under sub. (5).

AB150-ASA1-AA26,417,6 (d) Alcohol and other drug abuse counseling, as provided under sub. (6).

AB150-ASA1-AA26,417,15 (3) (a) The court may require as a condition of community supervision that the person placed on community supervision perform community service work for a public agency or a nonprofit charitable organization. The number of hours of work required may not exceed what would be reasonable considering the seriousness of the offense. An order may only apply if agreed to by the person placed on community supervision and the organization or agency. The court shall ensure that the person placed on community supervision is provided a written statement of the terms of the community service order and that the community service order is monitored by the department.

AB150-ASA1-AA26,417,19 (b) Any organization or agency acting in good faith to which a person placed on community supervision is assigned under an order under this subsection has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the person placed on community supervision.

AB150-ASA1-AA26,418,2 (4) (a) If the court does not order community supervision under sub. (3), the department may order that a person placed on community supervision perform community service work for a public agency or a nonprofit charitable organization. An order may apply only if agreed to by the person placed on community supervision and the organization or agency. The department shall ensure that the person placed on community supervision is provided a written statement of the terms of the community service order and shall monitor the person's compliance with the community service order.

AB150-ASA1-AA26,418,8 (b) Any organization or agency acting in good faith to which a person placed on community supervision is assigned under an order under this subsection has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the person placed on community supervision. The department has immunity from any civil liability for acts or omissions by or impacting on the person placed on community supervision regarding the assignment under this subsection.

AB150-ASA1-AA26,418,15 (5) (a) If the court places the person on community supervision, the court shall order the person to pay restitution under s. 973.20 unless the court finds there is substantial reason not to order restitution as a condition of community supervision. If the court does not require restitution to be paid to a victim, the court shall state its reason on the record. If the court does require restitution, it shall notify the department of justice of its decision if the victim may be eligible for compensation under ch. 949.

AB150-ASA1-AA26,419,2 (b) The department shall notify the sentencing court, any person to whom unpaid restitution is owed and the district attorney of the status of the ordered payments unpaid at least 90 days before the community supervision expiration date. If payment as ordered has not been made, the court shall issue a judgment for the unpaid restitution and direct the clerk to file and docket a transcript of the judgment, without fee, unless it finds that the victim has already recovered a judgment against the person placed on community supervision for the damages covered by the restitution order. If the court issues a judgment for the unpaid restitution, the court shall send to the person placed on community supervision and the victim at his or her last-known address written notification that a civil judgment has been issued for the unpaid restitution. The judgment has the same force and effect as judgments docketed under s. 806.10.

AB150-ASA1-AA26,419,8 (6) The court may order a person placed on community supervision to submit to and comply with an assessment by a treatment facility approved by the court for examination of the person's use of alcohol or other drugs and, if necessary, development of an alcohol or other drug abuse treatment plan for the person. The court may require the person placed on community supervision to pay the reasonable costs of an assessment and treatment ordered under this subsection.

AB150-ASA1-AA26,419,15 (7) If the court has not ordered an assessment and treatment under sub. (6), the department may order a person placed on community supervision to submit to and comply with an assessment by a treatment facility approved by the department for examination of the person's use of alcohol or other drugs and, if necessary, development of an alcohol or other drug abuse treatment plan for the person. The department may require the person placed on community supervision to pay the reasonable costs of an assessment and treatment ordered under this subsection.

AB150-ASA1-AA26,419,19 (8) When the person placed on community supervision has satisfied the conditions of his or her community supervision, the person placed on community supervision shall be discharged and the department shall issue the person a certificate of final discharge, a copy of which shall be filed with the clerk.

AB150-ASA1-AA26,419,23 (9) A person who violates or fails to comply with community supervision ordered under sub. (1) may be proceeded against for contempt of court under ch. 785, except that a court may impose only the remedial sanctions specified in s. 785.04 (1) against that person.".

AB150-ASA1-AA26,419,24 814. Page 2235, line 17: after that line insert:

AB150-ASA1-AA26,420,1 " Section 7263bd. 973.20 (1) of the statutes is amended to read:

AB150-ASA1-AA26,420,12 973.20 (1) When imposing sentence or ordering probation or community supervision for any crime, the court, in addition to any other penalty authorized by law, shall order the defendant to make full or partial restitution under this section to any victim of the crime or, if the victim is deceased, to his or her estate, unless the court finds substantial reason not to do so and states the reason on the record. Restitution ordered under this section is a condition of probation , community supervision or parole served by the defendant for the crime. After the termination of probation, community supervision or parole, or if the defendant is not placed on probation, community supervision or parole, restitution ordered under this section is enforceable in the same manner as a judgment in a civil action by the victim named in the order to receive restitution or enforced under ch. 785.

AB150-ASA1-AA26, s. 7263be Section 7263be. 973.20 (10) of the statutes is amended to read:

AB150-ASA1-AA26,420,20 973.20 (10) The court may require that restitution be paid immediately, within a specified period or in specified instalments. If the defendant is placed on probation or community supervision or sentenced to imprisonment, the end of a specified period shall not be later than the end of any period of probation, community supervision or parole. If the defendant is sentenced to the intensive sanctions program, the end of a specified period shall not be later than the end of the sentence under s. 973.032 (3) (a).

AB150-ASA1-AA26, s. 7263bf Section 7263bf. 973.20 (11) (a) of the statutes is amended to read:

AB150-ASA1-AA26,421,6 973.20 (11) (a) Except as otherwise provided in this paragraph, the restitution order shall require the defendant to deliver the amount of money or property due as restitution to the department for transfer to the victim or other person to be compensated by a restitution order under this section. If the defendant is not placed on probation or community supervision or sentenced to prison, the court may order that restitution be paid to the clerk of court for transfer to the appropriate person. The court shall require the defendant to pay a surcharge equal to 5% of the total amount of any restitution, costs and attorney fees and any fines and related payments ordered under s. 973.05 (1) to the department or clerk of court for administrative expenses under this section.

AB150-ASA1-AA26, s. 7263bg Section 7263bg. 973.20 (13) (c) (intro.) of the statutes is amended to read:

AB150-ASA1-AA26,421,16 973.20 (13) (c) (intro.) The court, before imposing sentence or ordering probation or community supervision, shall inquire of the district attorney regarding the amount of restitution, if any, that the victim claims. The court shall give the defendant the opportunity to stipulate to the restitution claimed by the victim and to present evidence and arguments on the factors specified in par. (a). If the defendant stipulates to the restitution claimed by the victim or if any restitution dispute can be fairly heard at the sentencing proceeding, the court shall determine the amount of restitution before imposing sentence or ordering probation or community supervision. In other cases, the court may do any of the following:

AB150-ASA1-AA26, s. 7263bh Section 7263bh. 973.20 (13) (c) 1. of the statutes is amended to read:

AB150-ASA1-AA26,421,22 973.20 (13) (c) 1. Order restitution of amounts not in dispute as part of the sentence or probation or community supervision order imposed and direct the appropriate agency to file a proposed restitution order with the court within 90 days thereafter, and mail or deliver copies of the proposed order to the victim, district attorney, defendant and defense counsel.

AB150-ASA1-AA26, s. 7263bi Section 7263bi. 973.20 (13) (c) 3. of the statutes is amended to read:

AB150-ASA1-AA26,422,3 973.20 (13) (c) 3. With the consent of the defendant, refer the disputed restitution issues to an arbitrator acceptable to all parties, whose determination of the amount of restitution shall be filed with the court within 60 days after the date of referral and incorporated into the court's sentence or probation or community supervision order.

AB150-ASA1-AA26, s. 7263bj Section 7263bj. 973.20 (13) (c) 4. of the statutes is amended to read:

AB150-ASA1-AA26,422,13 973.20 (13) (c) 4. Refer the disputed restitution issues to a court commissioner or other appropriate referee, who shall conduct a hearing on the matter and submit the record thereof, together with proposed findings of fact and conclusions of law, to the court within 60 days of the date of referral. Within 30 days after the referee's report is filed, the court shall determine the amount of restitution on the basis of the record submitted by the referee and incorporate it into the sentence or probation or community supervision order imposed. The judge may direct that hearings under this subdivision be recorded either by audio recorder or by a court reporter. A transcript is not required unless ordered by the judge.

AB150-ASA1-AA26, s. 7263bk Section 7263bk. 974.05 (1) (c) of the statutes is amended to read:

AB150-ASA1-AA26,422,16 974.05 (1) (c) Judgment and sentence or order of probation or community supervision not authorized by law.

AB150-ASA1-AA26, s. 7263bL Section 7263bL. 974.06 (1) of the statutes is amended to read:

AB150-ASA1-AA26,423,2 974.06 (1) After the time for appeal or postconviction remedy provided in s. 974.02 has expired, a prisoner in custody under sentence of a court or a person convicted and placed on community supervision under s. 973.095 or placed with a volunteers in probation program under s. 973.11 claiming the right to be released upon the ground that the sentence was imposed in violation of the U.S. constitution or the constitution or laws of this state, that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law or is otherwise subject to collateral attack, may move the court which imposed the sentence to vacate, set aside or correct the sentence.".

AB150-ASA1-AA26,423,3 815. Page 2235, line 18: delete lines 18 to 20 and substitute:

AB150-ASA1-AA26,423,4 " Section 7263e. 977.02 (4m) of the statutes is created to read:

AB150-ASA1-AA26,423,6 977.02 (4m) Promulgate rules for payments to the state public defender under s. 977.075.

AB150-ASA1-AA26, s. 7263f Section 7263f. 977.02 (4r) of the statutes is created to read:

AB150-ASA1-AA26,423,10 977.02 (4r) Promulgate rules that establish procedures to provide the department of administration with any information concerning the collection of payment ordered under s. 48.275 (2), 757.66, 973.06 (1) (e) or 977.076 (1).".

AB150-ASA1-AA26,423,11 816. Page 2236, line 6: after that line insert: