AB150-ASA1-AA26,418,15
9(5) (a) If the court places the person on community supervision, the court shall
10order the person to pay restitution under s. 973.20 unless the court finds there is
11substantial reason not to order restitution as a condition of community supervision.
12If the court does not require restitution to be paid to a victim, the court shall state
13its reason on the record. If the court does require restitution, it shall notify the
14department of justice of its decision if the victim may be eligible for compensation
15under ch. 949.
AB150-ASA1-AA26,419,216
(b) The department shall notify the sentencing court, any person to whom
17unpaid restitution is owed and the district attorney of the status of the ordered
18payments unpaid at least 90 days before the community supervision expiration date.
19If payment as ordered has not been made, the court shall issue a judgment for the
20unpaid restitution and direct the clerk to file and docket a transcript of the judgment,
21without fee, unless it finds that the victim has already recovered a judgment against
22the person placed on community supervision for the damages covered by the
23restitution order. If the court issues a judgment for the unpaid restitution, the court
24shall send to the person placed on community supervision and the victim at his or
25her last-known address written notification that a civil judgment has been issued
1for the unpaid restitution. The judgment has the same force and effect as judgments
2docketed under s. 806.10.
AB150-ASA1-AA26,419,8
3(6) The court may order a person placed on community supervision to submit
4to and comply with an assessment by a treatment facility approved by the court for
5examination of the person's use of alcohol or other drugs and, if necessary,
6development of an alcohol or other drug abuse treatment plan for the person. The
7court may require the person placed on community supervision to pay the reasonable
8costs of an assessment and treatment ordered under this subsection.
AB150-ASA1-AA26,419,15
9(7) If the court has not ordered an assessment and treatment under sub. (6),
10the department may order a person placed on community supervision to submit to
11and comply with an assessment by a treatment facility approved by the department
12for examination of the person's use of alcohol or other drugs and, if necessary,
13development of an alcohol or other drug abuse treatment plan for the person. The
14department may require the person placed on community supervision to pay the
15reasonable costs of an assessment and treatment ordered under this subsection.
AB150-ASA1-AA26,419,19
16(8) When the person placed on community supervision has satisfied the
17conditions of his or her community supervision, the person placed on community
18supervision shall be discharged and the department shall issue the person a
19certificate of final discharge, a copy of which shall be filed with the clerk.
AB150-ASA1-AA26,419,23
20(9) A person who violates or fails to comply with community supervision
21ordered under sub. (1) may be proceeded against for contempt of court under ch. 785,
22except that a court may impose only the remedial sanctions specified in s. 785.04 (1)
23against that person.".
AB150-ASA1-AA26,420,122
973.20
(1) When imposing sentence or ordering probation
or community
3supervision for any crime, the court, in addition to any other penalty authorized by
4law, shall order the defendant to make full or partial restitution under this section
5to any victim of the crime or, if the victim is deceased, to his or her estate, unless the
6court finds substantial reason not to do so and states the reason on the record.
7Restitution ordered under this section is a condition of probation
, community
8supervision or parole served by the defendant for the crime. After the termination
9of probation
, community supervision or parole, or if the defendant is not placed on
10probation
, community supervision or parole, restitution ordered under this section
11is enforceable in the same manner as a judgment in a civil action by the victim named
12in the order to receive restitution or enforced under ch. 785.
AB150-ASA1-AA26,420,2014
973.20
(10) The court may require that restitution be paid immediately, within
15a specified period or in specified instalments. If the defendant is placed on probation
16or community supervision or sentenced to imprisonment, the end of a specified
17period shall not be later than the end of any period of probation
, community
18supervision or parole. If the defendant is sentenced to the intensive sanctions
19program, the end of a specified period shall not be later than the end of the sentence
20under s. 973.032 (3) (a).
AB150-ASA1-AA26,421,622
973.20
(11) (a) Except as otherwise provided in this paragraph, the restitution
23order shall require the defendant to deliver the amount of money or property due as
24restitution to the department for transfer to the victim or other person to be
25compensated by a restitution order under this section. If the defendant is not placed
1on probation
or community supervision or sentenced to prison, the court may order
2that restitution be paid to the clerk of court for transfer to the appropriate person.
3The court shall require the defendant to pay a surcharge equal to 5% of the total
4amount of any restitution, costs and attorney fees and any fines and related
5payments ordered under s. 973.05 (1) to the department or clerk of court for
6administrative expenses under this section.
AB150-ASA1-AA26,421,168
973.20
(13) (c) (intro.) The court, before imposing sentence or ordering
9probation
or community supervision, shall inquire of the district attorney regarding
10the amount of restitution, if any, that the victim claims. The court shall give the
11defendant the opportunity to stipulate to the restitution claimed by the victim and
12to present evidence and arguments on the factors specified in par. (a). If the
13defendant stipulates to the restitution claimed by the victim or if any restitution
14dispute can be fairly heard at the sentencing proceeding, the court shall determine
15the amount of restitution before imposing sentence or ordering probation
or
16community supervision. In other cases, the court may do any of the following:
AB150-ASA1-AA26,421,2218
973.20
(13) (c) 1. Order restitution of amounts not in dispute as part of the
19sentence or probation
or community supervision order imposed and direct the
20appropriate agency to file a proposed restitution order with the court within 90 days
21thereafter, and mail or deliver copies of the proposed order to the victim, district
22attorney, defendant and defense counsel.
AB150-ASA1-AA26,422,324
973.20
(13) (c) 3. With the consent of the defendant, refer the disputed
25restitution issues to an arbitrator acceptable to all parties, whose determination of
1the amount of restitution shall be filed with the court within 60 days after the date
2of referral and incorporated into the court's sentence or probation
or community
3supervision order.
AB150-ASA1-AA26,422,135
973.20
(13) (c) 4. Refer the disputed restitution issues to a court commissioner
6or other appropriate referee, who shall conduct a hearing on the matter and submit
7the record thereof, together with proposed findings of fact and conclusions of law, to
8the court within 60 days of the date of referral. Within 30 days after the referee's
9report is filed, the court shall determine the amount of restitution on the basis of the
10record submitted by the referee and incorporate it into the sentence or probation
or
11community supervision order imposed. The judge may direct that hearings under
12this subdivision be recorded either by audio recorder or by a court reporter. A
13transcript is not required unless ordered by the judge.
AB150-ASA1-AA26,422,1615
974.05
(1) (c) Judgment and sentence or order of probation
or community
16supervision not authorized by law.
AB150-ASA1-AA26,423,218
974.06
(1) After the time for appeal or postconviction remedy provided in s.
19974.02 has expired, a prisoner in custody under sentence of a court or a person
20convicted and
placed on community supervision under s. 973.095 or placed with a
21volunteers in probation program under s. 973.11 claiming the right to be released
22upon the ground that the sentence was imposed in violation of the U.S. constitution
23or the constitution or laws of this state, that the court was without jurisdiction to
24impose such sentence, or that the sentence was in excess of the maximum authorized
1by law or is otherwise subject to collateral attack, may move the court which imposed
2the sentence to vacate, set aside or correct the sentence.".
AB150-ASA1-AA26,423,65
977.02
(4m) Promulgate rules for payments to the state public defender under
6s. 977.075.
AB150-ASA1-AA26,423,108
977.02
(4r) Promulgate rules that establish procedures to provide the
9department of administration with any information concerning the collection of
10payment ordered under s. 48.275 (2), 757.66, 973.06 (1) (e) or 977.076 (1).".
AB150-ASA1-AA26,423,1513
977.03
(2m) The board may promulgate rules that establish procedures to
14collect payment ordered under s. 48.275 (2), 757.66, 973.06 (1) (e) or 977.076 (1) from
15a prisoner's prison financial account.".
AB150-ASA1-AA26,423,24
20"(a) Verify the information necessary to determine indigency under s. 977.07
21(2). The information provided by a person seeking assigned counsel that is subject
22to verification shall include the social security numbers required on an application
23under sub. (1m), income records, value of assets, eligibility for public assistance, as
24defined in s. 16.20 (1) (fm), and claims of expenses.".
AB150-ASA1-AA26,424,3
2"
Section 7269m. 977.06 (1) (a) of the statutes, as created by 1995 Wisconsin
3Act .... (this act), is amended to read:
AB150-ASA1-AA26,424,84
977.06
(1) (a) Verify the information necessary to determine indigency under
5s. 977.07 (2). The information provided by a person seeking assigned counsel that
6is subject to verification shall include the social security numbers required on an
7application under sub. (1m), income records, value of assets, eligibility for public
8assistance, as defined in s.
16.20 106.215 (1) (fm), and claims of expenses.
AB150-ASA1-AA26,424,1410
977.06
(1m) Application for representation. A person seeking to have counsel
11assigned for him or her under s. 977.08, other than a child who is entitled to be
12represented by counsel under s. 48.23, shall provide the state public defender with
13his or her social security number and the social security numbers of his or her spouse
14and dependent children, if any.".
AB150-ASA1-AA26,424,2117
977.06
(2) (am) 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, shall sign a statement declaring that the information that he or she has given
20to determine eligibility for assignment of counsel he or she believes to be true and
21that he or she is informed that he or she is subject to the penalty under par. (b).".
AB150-ASA1-AA26,425,3
1977.06
(3) (b) The state public defender may petition a court that ordered
2payment under s. 757.66, 973.06 (1) (e) or 977.076 (1) to modify an order or judgment
3to adjust the amount of payment or the scheduled amounts at any time.
AB150-ASA1-AA26,425,75
977.06
(3) (c) Except as provided in s. 48.275 (2) (b), an adjustment under this
6subsection shall be based on the person's ability to pay and on the fee schedule
7established by the board under s. 977.075 (3).".
AB150-ASA1-AA26,425,1410
977.07
(1) (a) Determination of indigency for persons entitled to counsel shall
11be made as soon as possible and shall be in accordance with the rules promulgated
12by the board under s. 977.02 (3)
and the system established under s. 977.06. No
13determination of indigency is required for a child who is entitled to be represented
14by counsel under s. 48.23.".
AB150-ASA1-AA26,425,18
17"
Section 7274m. 977.07 (2) (b) of the statutes is renumbered 977.06 (3) (a) and
18amended to read:
AB150-ASA1-AA26,425,2219
977.06
(3) (a) Unless the court has made an adjustment under s. 973.06 (1) (e),
20upon determination at the conclusion of a case that a person's financial
21circumstances are changed, the state public defender may adjust the amount of
22payment for counsel
under par. (a) in accordance with par. (a) and sub. (1) (a).".
AB150-ASA1-AA26,426,5
5"
977.075 Payment for legal representation. (1) The board shall establish".
AB150-ASA1-AA26,426,14
9"(2) The board shall establish by rule a procedure for collecting a
10nonrefundable partial payment for services from persons who are responsible for
11payment for legal representation and who are not indigent in full. The rule shall
12require that the payment be due within 60 days after the commencement of
13representation. This subsection does not apply to a parent who is subject to s. 48.275
14(2) (b).
AB150-ASA1-AA26,426,20
15(3) The board shall establish by rule a fee schedule that sets the amount that
16a person, other than a parent under s. 48.275 (2) (b), who is responsible for payment
17for legal representation shall pay for the cost of the legal representation. The
18schedule shall establish a fee for a given type of case, and the fee for a given type of
19case shall be based on the average cost, as determined by the board, for
20representation for that type of case.
AB150-ASA1-AA26,427,8
22977.076 Collections. (1) If the state public defender notifies the court in
23which the underlying action was filed that a person who is required to reimburse the
24state public defender for legal representation has failed to make the required
1payment or to timely make periodic payments, the court may issue a judgment on
2behalf of the state for the unpaid balance and direct the clerk of circuit court to file
3and docket a transcript of the judgment, without fee. If the court issues a judgment
4for the unpaid balance, the court shall send a notice to the person at his or her
5last-known address that a civil judgment has been issued for the unpaid balance.
6The judgment has the same force and effect as judgments issued under s. 806.10.
7Except as provided in s. 48.275 (2) (b), the judgment shall be based on the person's
8ability to pay and on the fee schedule established by the board under s. 977.075 (3).
AB150-ASA1-AA26,427,13
9(2) The department of administration may collect unpaid reimbursement
10payments to the state public defender ordered by a court under sub. (1) or s. 48.275
11(1) (a), 757.66 or 973.06 (1) (e). The department may contract with a private
12collection agency to collect these payments. Section 16.705 does not apply to a
13contract under this subsection.".
AB150-ASA1-AA26,427,19
16977.077 Deposit of payments received. Payments for services provided by
17the state public defender or other counsel under this chapter that are received
18pursuant to s. 977.07, 977.075 or 977.076 shall be deposited in the state treasury and
19credited to the appropriation under s. 20.550 (1) (L).".
