AB150-ASA,2249,106
970.02
(1) (a) Of the charge against the defendant and shall furnish the
7defendant with a copy of the complaint which
, subject to s. 967.052 (1) and (2), shall
8contain the possible penalties for the offenses set forth
therein in the complaint. In
9the case of a felony, the judge shall also inform the defendant of the penalties for the
10felony with which the defendant is charged.
AB150-ASA,2249,1812
971.23
(10) Payment of photocopy costs in cases involving indigent
13defendants. When the state public defender or a private attorney appointed under
14s. 977.08 requests photocopies of any item that is discoverable under this section, the
15state public defender shall pay any fee charged for the photocopies from the
16appropriation under s. 20.550 (1) (a). If the person providing photocopies under this
17section charges the state public defender a fee for the photocopies, the fee may not
18exceed the actual, necessary and direct cost of photocopying.
AB150-ASA,2249,2120
971.29
(2m) Amendment of a complaint filed under s. 967.052 (1) (a) is subject
21to the restriction provided in s. 967.052 (3).
AB150-ASA,2250,16
1973.013
(3m) If a person who has not attained the age of 16 years is sentenced
2to the Wisconsin state prisons, the department of corrections shall place the person
3at a secured juvenile correctional facility
or a secured child caring institution, unless
4the department of
health and social services, after consultation with the department
5of corrections
, determines that placement in an institution under s. 302.01 is
6appropriate based on the person's prior record of adjustment in a correctional setting,
7if any; the person's present and potential vocational and educational needs, interests
8and abilities; the adequacy and suitability of available facilities; the services and
9procedures available for treatment of the person within the various institutions; the
10protection of the public; and any other considerations promulgated by the
11department of
health and social services corrections by rule. This subsection does
12not preclude the department of corrections from designating an adult correctional
13institution as a reception center for the person and subsequently transferring the
14person to a secured juvenile correctional facility
or a secured child caring institution.
15Section 302.11 and ch. 304 apply to all persons placed in a secured juvenile
16correctional facility
or a secured child caring institution under this subsection.
AB150-ASA,2250,2518
973.032
(2) (a) A court may sentence a person under sub. (1) if the department
19provides a presentence investigation report recommending that the person be
20sentenced to the program. If the department does not make the recommendation,
21a court may order the department to assess and evaluate the person. After that
22assessment and evaluation, the court may sentence the person to the program unless
23the department objects on the ground that
the presumptively appropriate sentence
24under the sentencing guideline matrices is it recommends that the person be placed
25on probation.
AB150-ASA,2251,52
973.045
(2) After the clerk determines the amount due, the clerk of court shall
3collect and transmit the amount to the county treasurer under s. 59.395 (5). The
4county treasurer shall then make payment to the
state treasurer secretary of
5administration under s. 59.20 (5) (b).
AB150-ASA, s. 7255e
6Section 7255e. 973.045 (3) (a) (intro.) of the statutes is amended to read:
AB150-ASA,2251,117
973.045
(3) (a) (intro.) The clerk shall record the crime victim and witness
8surcharge in 2 parts. Part A is the portion that the
state treasurer secretary of
9administration shall credit to the appropriation account under s. 20.455 (5) (g) and
10part B is the portion that the
state treasurer secretary of administration shall credit
11to the appropriation account under s. 20.455 (5) (gc), as follows:
AB150-ASA,2251,1713
973.045
(4) If an inmate in a state prison or a person sentenced to a state prison
14has not paid the crime victim and witness assistance surcharge under this section,
15the department shall assess and collect the amount owed from the inmate's wages
16or other moneys. Any amount collected shall be transmitted to the
state treasurer 17secretary of administration.
AB150-ASA,2251,2219
973.046
(2) After the clerk of court determines the amount due, the clerk shall
20collect and transmit the amount to the county treasurer under s. 59.395 (5). The
21county treasurer shall then make payment to the
state treasurer secretary of
22administration under s. 59.20 (5) (b).
AB150-ASA,2252,3
1973.046
(3) All moneys collected from deoxyribonucleic acid analysis
2surcharges shall be deposited by the
state treasurer
secretary of administration as
3specified in s. 20.455 (2) (Lm) and utilized under s. 165.77.
AB150-ASA,2252,95
973.046
(4) If an inmate in a state prison or a person sentenced to a state prison
6has not paid the deoxyribonucleic acid analysis surcharge under this section, the
7department shall assess and collect the amount owed from the inmate's wages or
8other moneys. Any amount collected shall be transmitted to the
state treasurer 9secretary of administration.
AB150-ASA,2252,1511
973.055
(2) (a) If the assessment is imposed by a court of record, after the court
12determines the amount due, the clerk of the court shall collect and transmit the
13amount to the county treasurer as provided in s. 59.395 (5). The county treasurer
14shall then make payment to the
state treasurer secretary of administration as
15provided in s. 59.20 (5) (b).
AB150-ASA,2252,2117
973.055
(2) (b) If the assessment is imposed by a municipal court, after a
18determination by the court of the amount due, the court shall collect and transmit
19the amount to the treasurer of the county, city, town or village, and that treasurer
20shall make payment to the
state treasurer secretary of administration as provided
21in s. 66.12 (1) (b).
AB150-ASA,2252,2523
973.055
(3) All moneys collected from domestic abuse assessments shall be
24deposited by the
state treasurer secretary of administration in s. 20.435
(7) (1) (hh)
25and utilized in accordance with s. 46.95.
AB150-ASA,2253,52
973.06
(1) (e) Attorney fees payable to the defense attorney by the county or
3the state. If the court determines at the time of sentencing that the defendant's
4financial circumstances are changed, the court may adjust the amount in accordance
5with s. 977.07 (1) (a) and (2)
(a).
AB150-ASA, s. 7257d
6Section 7257d. 973.075 (1) (b) (intro.) of the statutes is amended to read:
AB150-ASA,2253,147
973.075
(1) (b) (intro.) All vehicles, as defined in s. 939.22 (44), which are used
8to transport any property or weapon used or to be used or received in the commission
9of any felony, which are used in the commission of a crime under s. 946.70, which are
10used in the commission of a crime in violation of s. 944.30, 944.31, 944.32, 944.33 or
11944.34, which are used in the commission of a crime relating to a submerged cultural
12resource in violation of s. 44.47 or which are used to cause more than
$1,000 $1,500 13worth of criminal damage to cemetery property in violation of s. 943.01 (2) (d) or
14943.012, but:
AB150-ASA,2253,1816
973.09
(1m) If a person is convicted of a misdemeanor to which s. 939.615 (1)
17applies, the court may place the person on probation under sub. (1) (a) but may not
18require as a condition of probation that the person be confined under sub. (4).
AB150-ASA,2254,1520
973.09
(4) The Except as provided in sub. (1m), the court may also require as
21a condition of probation that the probationer be confined during such period of the
22term of probation as the court prescribes, but not to exceed one year. The court may
23grant the privilege of leaving the county jail, Huber facility or tribal jail during the
24hours or periods of employment or other activity under s. 303.08 (1) (a) to (e) while
25confined under this subsection. The court may specify the necessary and reasonable
1hours or periods during which the probationer may leave the jail, Huber facility or
2tribal jail or the court may delegate that authority to the sheriff. In those counties
3without a Huber facility under s. 303.09 or an agreement under s. 302.445, the
4probationer shall be confined in the county jail. In those counties with a Huber
5facility under s. 303.09, the sheriff shall determine whether confinement under this
6subsection is to be in that facility or in the county jail. The sheriff may transfer
7persons confined under this subsection between a Huber facility and the county jail.
8In those counties with an agreement under s. 302.445, the sheriff shall determine
9whether confinement under this subsection is to be in the tribal jail or the county jail,
10unless otherwise provided under the agreement. In those counties, the sheriff may
11transfer persons confined under this subsection between a tribal jail and a county
12jail, unless otherwise provided under the agreement. While subject to this
13subsection, the probationer is subject to s. 303.08 (1), (3) to (6), (8) to (12) and (14),
14all the rules of the county jail, Huber facility or tribal jail and the discipline of the
15sheriff.
AB150-ASA,2254,18
17973.135 (title)
Courts to report convictions to the state superintendent
18department of public instruction education.
AB150-ASA, s. 7259
19Section
7259. 973.135 (1) (a) of the statutes is renumbered 973.135 (1) (am).
AB150-ASA,2254,2121
973.135
(1) (a) "Department" means the department of education.
AB150-ASA,2255,424
973.135
(2) If a court determines that a person convicted of a crime specified
25in ch. 948, including a crime specified in s. 948.015, a felony for which the maximum
1term of imprisonment is at least 5 years, 4th degree sexual assault under s. 940.225
2(3m) or a crime in which the victim was a child, is employed by an educational agency,
3the clerk of the court in which such conviction occurred shall promptly forward to the
4state superintendent department the record of conviction.
AB150-ASA,2255,86
973.135
(3) If a conviction under sub. (2) is reversed, set aside or vacated, the
7clerk of the court shall promptly forward to the
state superintendent department a
8certificate stating that the conviction has been reversed, set aside or vacated.
AB150-ASA,2255,1110
977.02
(4m) Promulgate rules to establish fixed rates for payments required
11under s. 977.075.
AB150-ASA, s. 7263g
12Section 7263g. 977.02 (7r) (a) (intro.) of the statutes is amended to read:
AB150-ASA,2255,1513
977.02
(7r) (a) (intro.) Promulgate rules to allow the reduction of payment rates
14for cases assigned by the state public defender under s. 977.08 (4m) for any of the
15following:
AB150-ASA,2255,2217
977.02
(7r) (am) For any rule to be promulgated by the board regarding a
18reduction under par. (a) that is submitted to the legislative council staff under s.
19227.15 on or after the effective date of this paragraph .... [revisor inserts date], the
20board shall submit the rule to the joint committee on finance for review under the
21procedures specified in s. 13.10 and shall obtain approval from the joint committee
22on finance for the rule.
AB150-ASA,2256,224
977.03
(3) The state public defender may establish procedures by rule under
25which the state public defender may appoint attorneys without regard to s. 977.08
1(3) (c) and (d) based on the state public defender's evaluation of the attorneys'
2performance.
AB150-ASA,2256,64
977.05
(4) (i) 3. Cases involving persons charged with a misdemeanor that is
5punishable by imprisonment
but is not specified under subd. 1 and to which s.
6939.615 (1) does not apply.
AB150-ASA,2256,118
977.05
(4) (i) 7. Cases involving paternity determinations
, as specified under
9ch. 767 s. 767.52, in which the state is the petitioner under s. 767.45 (1) (g) or in which
10the action is commenced on behalf of the child by an attorney appointed under s.
11767.045 (1) (c).
AB150-ASA,2256,1913
977.05
(4) (j)
At Subject to sub. (6) (e) and (f), at the request of any person
14determined by the state public defender to be indigent or upon referral of any court,
15prosecute a writ of error, appeal, action or proceeding for habeas corpus or other
16postconviction or post-commitment remedy
or attack the conditions of confinement 17on behalf of the person before any court, if the state public defender determines the
18case should be pursued. The state public defender must pursue the case of any
19indigent person entitled to counsel under s. 971.17 (7) (b) 1. or 980.03 (2) (a).
AB150-ASA,2256,2121
977.05
(6) (title)
Restriction Restrictions.
AB150-ASA, s. 7267
22Section
7267. 977.05 (6) of the statutes is renumbered 977.05 (6) (a) and
23amended to read:
AB150-ASA,2257,224
977.05
(6) (a)
The state public defender
shall may not provide legal services or
25assign counsel for cases involving a person subject to contempt of court proceedings
1involving the alleged failure of the person to pay a forfeiture to a county or
2municipality.
AB150-ASA,2257,64
977.05
(6) (b) The state public defender may not provide legal services or assign
5counsel for a person subject to contempt of court proceedings under s. 767.30 or
6767.305 for failure to pay child or family support, if any of the following applies:
AB150-ASA,2257,87
1. The action is not brought by the state, its delegate under s. 59.458 (1) or an
8attorney appointed under s. 767.045 (1) (c).
AB150-ASA,2257,119
2. The judge or family court commissioner before whom the proceedings shall
10be held certifies to the state public defender that the person will not be incarcerated
11if he or she is found in contempt of court.
AB150-ASA,2257,1413
977.05
(6) (c) The state public defender may not provide legal services or assign
14counsel for any of the following persons:
AB150-ASA,2257,1515
1. An adult who has not yet been charged with a crime.
AB150-ASA,2257,1716
2. A child who is not yet subject to a proceeding under ch. 48 for which counsel
17is required under s. 48.23 or for which counsel may be appointed under s. 48.23.
AB150-ASA,2257,2219
977.05
(6) (e) The state public defender may not provide legal services or assign
20counsel for a person who files a motion to modify sentence under s. 973.19 (1) (a), or
21for a person who appeals, under s. 973.19 (4), the denial of a motion to modify
22sentence filed under s. 973.19 (1) (a), unless the person does one of the following:
AB150-ASA,2257,2423
1. Files the notice of intent to pursue postconviction relief within the time limit
24specified in s. 809.30 (2) (b).
AB150-ASA,2258,2
12. Files the motion to modify sentence under s. 973.19 (1) (a) within 20 days
2after the sentence or order is entered.
AB150-ASA,2258,74
977.05
(6) (f) The state public defender may not provide legal services or assign
5counsel in cases involving an appeal or postconviction motion under s. 809.30 (2) if
6the notice of intent to pursue postconviction relief is not filed within the time limit
7specified in s. 809.30 (2) (b).
AB150-ASA,2258,119
977.05
(6) (g) The state public defender may not provide legal services or assign
10counsel in cases involving modification of the conditions of probation under s. 973.09
11(3) unless all of the following apply:
AB150-ASA,2258,1212
1. The probationer is contesting the modification of the conditions of probation.
AB150-ASA,2258,1413
2. The state or the court seeks to modify the conditions of probation to include
14a period of confinement under s. 973.09 (4).
AB150-ASA,2258,1716
977.05
(6) (h) The state public defender may not provide legal services or assign
17counsel in parole revocation proceedings unless all of the following apply:
AB150-ASA,2258,1818
1. The parolee is contesting the revocation of parole.
AB150-ASA,2258,2019
2. The department of corrections seeks to have the parolee imprisoned upon the
20revocation of parole.
