Amendment ASA-AB150

AB150-ASA, s. 7263i Section 7263i. 977.02 (7r) (am) of the statutes is created to read:

AB150-ASA,2255,22 977.02 (7r) (am) For any rule to be promulgated by the board regarding a reduction under par. (a) that is submitted to the legislative council staff under s. 227.15 on or after the effective date of this paragraph .... [revisor inserts date], the board shall submit the rule to the joint committee on finance for review under the procedures specified in s. 13.10 and shall obtain approval from the joint committee on finance for the rule.

AB150-ASA, s. 7263m Section 7263m. 977.03 (3) of the statutes is created to read:

AB150-ASA,2256,2 977.03 (3) The state public defender may establish procedures by rule under which the state public defender may appoint attorneys without regard to s. 977.08 (3) (c) and (d) based on the state public defender's evaluation of the attorneys' performance.

AB150-ASA, s. 7263p Section 7263p. 977.05 (4) (i) 3. of the statutes is amended to read:

AB150-ASA,2256,6 977.05 (4) (i) 3. Cases involving persons charged with a misdemeanor that is punishable by imprisonment but is not specified under subd. 1 and to which s. 939.615 (1) does not apply.

AB150-ASA, s. 7264m Section 7264m. 977.05 (4) (i) 7. of the statutes is amended to read:

AB150-ASA,2256,11 977.05 (4) (i) 7. Cases involving paternity determinations, as specified under ch. 767 s. 767.52, in which the state is the petitioner under s. 767.45 (1) (g) or in which the action is commenced on behalf of the child by an attorney appointed under s. 767.045 (1) (c).

AB150-ASA, s. 7265 Section 7265. 977.05 (4) (j) of the statutes is amended to read:

AB150-ASA,2256,19 977.05 (4) (j) At Subject to sub. (6) (e) and (f), at the request of any person determined by the state public defender to be indigent or upon referral of any court, prosecute a writ of error, appeal, action or proceeding for habeas corpus or other postconviction or post-commitment remedy or attack the conditions of confinement on behalf of the person before any court, if the state public defender determines the case should be pursued. The state public defender must pursue the case of any indigent person entitled to counsel under s. 971.17 (7) (b) 1. or 980.03 (2) (a).

AB150-ASA, s. 7266 Section 7266. 977.05 (6) (title) of the statutes is amended to read:

AB150-ASA,2256,21 977.05 (6) (title) Restriction Restrictions.

AB150-ASA, s. 7267 Section 7267. 977.05 (6) of the statutes is renumbered 977.05 (6) (a) and amended to read:

AB150-ASA,2257,2 977.05 (6) (a) The state public defender shall may not provide legal services or assign counsel for cases involving a person subject to contempt of court proceedings involving the alleged failure of the person to pay a forfeiture to a county or municipality.

AB150-ASA, s. 7268 Section 7268. 977.05 (6) (b) of the statutes is created to read:

AB150-ASA,2257,6 977.05 (6) (b) The state public defender may not provide legal services or assign counsel for a person subject to contempt of court proceedings under s. 767.30 or 767.305 for failure to pay child or family support, if any of the following applies:

AB150-ASA,2257,8 1. The action is not brought by the state, its delegate under s. 59.458 (1) or an attorney appointed under s. 767.045 (1) (c).

AB150-ASA,2257,11 2. The judge or family court commissioner before whom the proceedings shall be held certifies to the state public defender that the person will not be incarcerated if he or she is found in contempt of court.

AB150-ASA, s. 7268b Section 7268b. 977.05 (6) (c) of the statutes is created to read:

AB150-ASA,2257,14 977.05 (6) (c) The state public defender may not provide legal services or assign counsel for any of the following persons:

AB150-ASA,2257,15 1. An adult who has not yet been charged with a crime.

AB150-ASA,2257,17 2. A child who is not yet subject to a proceeding under ch. 48 for which counsel is required under s. 48.23 or for which counsel may be appointed under s. 48.23.

AB150-ASA, s. 7268k Section 7268k. 977.05 (6) (e) of the statutes is created to read:

AB150-ASA,2257,22 977.05 (6) (e) The state public defender may not provide legal services or assign counsel for a person who files a motion to modify sentence under s. 973.19 (1) (a), or for a person who appeals, under s. 973.19 (4), the denial of a motion to modify sentence filed under s. 973.19 (1) (a), unless the person does one of the following:

AB150-ASA,2257,24 1. Files the notice of intent to pursue postconviction relief within the time limit specified in s. 809.30 (2) (b).

AB150-ASA,2258,2 2. Files the motion to modify sentence under s. 973.19 (1) (a) within 20 days after the sentence or order is entered.

AB150-ASA, s. 7268p Section 7268p. 977.05 (6) (f) of the statutes is created to read:

AB150-ASA,2258,7 977.05 (6) (f) The state public defender may not provide legal services or assign counsel in cases involving an appeal or postconviction motion under s. 809.30 (2) if the notice of intent to pursue postconviction relief is not filed within the time limit specified in s. 809.30 (2) (b).

AB150-ASA, s. 7268s Section 7268s. 977.05 (6) (g) of the statutes is created to read:

AB150-ASA,2258,11 977.05 (6) (g) The state public defender may not provide legal services or assign counsel in cases involving modification of the conditions of probation under s. 973.09 (3) unless all of the following apply:

AB150-ASA,2258,12 1. The probationer is contesting the modification of the conditions of probation.

AB150-ASA,2258,14 2. The state or the court seeks to modify the conditions of probation to include a period of confinement under s. 973.09 (4).

AB150-ASA, s. 7268w Section 7268w. 977.05 (6) (h) of the statutes is created to read:

AB150-ASA,2258,17 977.05 (6) (h) The state public defender may not provide legal services or assign counsel in parole revocation proceedings unless all of the following apply:

AB150-ASA,2258,18 1. The parolee is contesting the revocation of parole.

AB150-ASA,2258,20 2. The department of corrections seeks to have the parolee imprisoned upon the revocation of parole.

AB150-ASA, s. 7268y Section 7268y. 977.05 (6) (i) of the statutes is created to read:

AB150-ASA,2258,23 977.05 (6) (i) The state public defender may not provide legal services or assign counsel in probation revocation proceedings unless all of the following apply:

AB150-ASA,2258,24 1. The probationer is contesting the revocation of probation.

AB150-ASA,2259,3 2. The department of corrections seeks to have the probationer imprisoned upon the revocation of probation or a stayed sentence of imprisonment will be imposed on the probationer upon the revocation of probation.

AB150-ASA, s. 7269 Section 7269. 977.06 of the statutes is created to read:

AB150-ASA,2259,7 977.06 Indigency determinations; redeterminations; verification; collection. (1) Duties. The state public defender shall determine whether persons are indigent and shall establish a system to do all of the following:

AB150-ASA,2259,9 (a) Verify the information regarding assets, income and expenses and income specified under s. 977.07 (2).

AB150-ASA,2259,11 (b) Redetermine indigency during the course of representation of persons receiving representation.

AB150-ASA,2259,13 (c) Record the amount of time spent on each case by the attorney appointed under s. 977.08.

AB150-ASA,2259,16 (d) Collect for the cost of representation from persons who are indigent in part or who have been otherwise determined to be able to reimburse the state public defender for the cost of providing counsel.

AB150-ASA, s. 7270 Section 7270. 977.06 (2) (title) of the statutes is created to read:

AB150-ASA,2259,18 977.06 (2) (title) Verifications.

AB150-ASA, s. 7271 Section 7271. 977.06 (3) (title) of the statutes is created to read:

AB150-ASA,2259,20 977.06 (3) (title) Redeterminations.

AB150-ASA, s. 7272 Section 7272. 977.06 (4) (title) of the statutes is created to read:

AB150-ASA,2259,22 977.06 (4) (title) Oversight.

AB150-ASA, s. 7273 Section 7273. 977.07 (2) (a) of the statutes is renumbered 977.07 (2) and amended to read:

AB150-ASA,2261,14 977.07 (2) The representative of the state public defender or the authority for indigency determinations specified under sub. (1) making a determination of indigency shall ascertain the assets of the person which exceed the amount needed for the payment of reasonable and necessary expenses incurred, or which must be incurred to support the person and the person's immediate family. The assets shall include disposable income, cash in hand, stocks and bonds, bank accounts and other property which can be converted to cash within a reasonable period of time and is not needed to hold a job, or to shelter, clothe and care for the person and the person's immediate family. Assets which cannot be converted to cash within a reasonable period of time, such as a person's home, car, household furnishings, clothing and other property which has been declared exempt from attachment or execution by law, shall be calculated to be assets equivalent in dollars to the amount of the loan which could be, in fact, raised by using these assets as collateral. Assets also include any money expended by the person to post bond to obtain release regarding the current alleged offense. If the person's assets, less reasonable and necessary living expenses, are not sufficient to cover the anticipated cost of effective representation when the length and complexity of the anticipated proceedings are taken fully into account, the person shall be determined to be indigent in full or in part. The determination of the ability of the person to contribute to the cost of legal services shall be based upon specific written standards relating to income, assets and the anticipated cost of representation. If found to be indigent in full or in part, the person shall be promptly informed of the state's right to payment or recoupment under s. 48.275 (2), 757.66 or 973.06 (1) (e), and the possibility that the payment of attorney fees may be made a condition of probation, should the person be placed on probation. Furthermore, if found to be indigent in part, the person shall be promptly informed of the extent to which he or she will be expected to pay for counsel, and whether the payment shall be in the form of a lump sum payment or periodic payments. The person shall be informed that the payment amount may be adjusted if his or her financial circumstances change by the time of sentencing. The payment and payment schedule shall be set forth in writing. Payments for services of the state public defender or other counsel provided under this chapter made pursuant to this subsection shall be paid to the state public defender for deposit in the state treasury and credited to the appropriation under s. 20.550 (1) (ja). Under this subsection, reasonable and necessary living expenses equal the applicable payment amount under s. 49.19 (11) (a) 1. plus other specified, emergency or essential costs. The representative or authority making the determination of indigency shall consider any assets of the spouse of the person claiming to be indigent as if they were assets of the person, unless the spouse was the victim of a crime allegedly committed by the person.

AB150-ASA, s. 7274 Section 7274. 977.07 (2) (b) of the statutes is renumbered 977.06 (3) and amended to read:

AB150-ASA,2261,21 977.06 (3) Unless the court has made an adjustment under s. 973.06 (1) (e), upon determination at the conclusion of a case that a person's financial circumstances are changed, the state public defender may shall adjust the amount of payment for counsel under par. (a) s. 977.07 (2) in accordance with par. (a) and sub. s. 977.07 (1) (a) and (2).

AB150-ASA, s. 7275 Section 7275. 977.07 (2) (c) of the statutes is renumbered 977.06 (2) (a) and amended to read:

AB150-ASA,2262,7 977.06 (2) (a) A person seeking to have counsel assigned for him or her under s. 977.08, other than a child who is entitled to be represented by counsel under s. 48.23, shall sign a statement declaring that he or she has not disposed of any assets for the purpose of qualifying for that assignment of counsel. If the representative or authority making the indigency determination finds that any asset was disposed of for less than its fair market value for the purpose of obtaining that assignment of counsel, the asset shall be counted under par. (a) s. 977.07 (2) at its fair market value at the time it was disposed of, minus the amount of compensation received for the asset.

AB150-ASA, s. 7276 Section 7276. 977.07 (2) (d) of the statutes is renumbered 977.06 (2) (b).

AB150-ASA, s. 7276m Section 7276m. 977.07 (2m) of the statutes is created to read:

AB150-ASA,2262,20 977.07 (2m) If the person is found to be indigent in full or in part, the person shall be promptly informed of the state's right to payment or recoupment under s. 48.275 (2), 757.66 or 973.06 (1) (e), and the possibility that the payment of attorney fees may be made a condition of probation, should the person be placed on probation. Furthermore, if found to be indigent in part, the person shall be promptly informed of the extent to which he or she will be expected to pay for counsel, and whether the payment shall be in the form of a lump sum payment or periodic payments. The person shall be informed that the payment amount may be adjusted if his or her financial circumstances change by the time of sentencing. The payment and payment schedule shall be set forth in writing. This paragraph does not apply to persons who have paid under s. 977.075.

AB150-ASA, s. 7277 Section 7277. 977.07 (3) of the statutes is renumbered 977.06 (4) (a).

AB150-ASA, s. 7278 Section 7278. 977.07 (3m) (a) (intro.) of the statutes is renumbered 977.06 (4) (b) (intro.) and amended to read:

AB150-ASA,2263,2 977.06 (4) (b) (intro.) The state public defender shall promptly release a copy of any statement, affidavit or other information provided by a person regarding financial eligibility under this section s. 977.07 only if the state public defender or a circuit court finds all of the following:

AB150-ASA, s. 7279 Section 7279. 977.07 (3m) (a) 1. of the statutes is renumbered 977.06 (4) (b) 1.

AB150-ASA, s. 7280 Section 7280. 977.07 (3m) (a) 2. of the statutes is renumbered 977.06 (4) (b) 2.

AB150-ASA, s. 7281 Section 7281. 977.07 (3m) (b) of the statutes is renumbered 977.06 (4) (c) and amended to read:

AB150-ASA,2263,11 977.06 (4) (c) Paragraph (a) (b) does not limit the authority of the state public defender to release a copy of the statement, affidavit or other information under other circumstances.

AB150-ASA, s. 7281m Section 7281m. 977.075 of the statutes is created to read:

AB150-ASA,2263,16 977.075 Prepayment for counsel. The state public defender shall establish by rule fixed amounts as flat payments for the cost of representation that persons found indigent in full or in part may elect to pay. The rule shall require all of the following:

AB150-ASA,2263,18 (1) If a person elects to pay the applicable fixed amount, the person cannot be held liable for any additional payment for counsel.

AB150-ASA,2263,20 (2) The person may pay the fixed amount only at the beginning of the representation.

AB150-ASA, s. 7281r Section 7281r. 977.077 of the statutes is created to read:

AB150-ASA,2263,25 977.077 Deposit of payments received. Payments for services of the state public defender or other counsel provided under this chapter made pursuant to s. 977.07 or 977.075 shall be paid to the state public defender for deposit in the state treasury and credited to the appropriation under s. 20.550 (1) (L).

AB150-ASA, s. 7281t Section 7281t. 977.08 (2) (c) of the statutes is amended to read:

AB150-ASA,2264,4 977.08 (2) (c) Cases involving persons charged with a misdemeanor that is punishable by imprisonment but is not specified under par. (a) and to which s. 939.615 (1) does not apply.

AB150-ASA, s. 7282 Section 7282. 977.08 (2) (f) of the statutes is repealed.

AB150-ASA, s. 7284 Section 7284. 977.08 (3) (f) of the statutes is amended to read:

AB150-ASA,2264,17 977.08 (3) (f) Beginning on October 1, 1993, the state public defender may shall enter into as many annual contracts as possible with private local attorneys or law firms for the provision of legal representation in cases involving the operation of a vehicle. Under any such contract, the state public defender shall assign cases without regard to pars. (c) and (d), shall set a fixed-fee total amount for all cases handled and shall pay the that amount specified in the contract, which shall not exceed the amount, except that the state public defender may not pay an attorney more for a case than he or she would receive according to the rates under sub. (4m). The contract shall include a procedure authorizing the state public defender to make additional payments for a case or to reassign a case if the circumstances surrounding the case justify the additional payment or reassignment.

AB150-ASA, s. 7284m Section 7284m. 977.08 (3) (fm) of the statutes is created to read:

AB150-ASA,2264,20 977.08 (3) (fm) Contracts entered into under par. (f) must terminate before January 1, 1998.

AB150-ASA, s. 7285 Section 7285. 977.08 (3) (g) of the statutes is created to read:

AB150-ASA,2264,25 977.08 (3) (g) The state public defender may appoint an attorney without regard to pars. (c) and (d) based on the state public defender's evaluation of that attorney's performance if the state public defender board promulgates rules under s. 977.03 (3).

AB150-ASA, s. 7285g Section 7285g. 977.08 (4m) of the statutes is amended to read:

AB150-ASA,2265,8 977.08 (4m) (a) Unless otherwise provided by a rule promulgated under s. 977.02 (7r), for cases assigned before December 1, 1992, private local attorneys shall be paid $45 per hour for time spent in court; $35 per hour for time spent out of court, excluding travel, related to a case; and $25 per hour for time spent in travel related to a case if any portion of the trip is outside the county in which the attorney's principal office is located or if the trip requires traveling a distance of more than 30 miles, one way, from the attorney's principal office.

AB150-ASA,2265,16 (b) Unless otherwise provided by a rule promulgated under s. 977.02 (7r) or by a contract authorized under sub. (3) (f), for cases assigned on or after December 1, 1992, private local attorneys shall be paid $50 per hour for time spent in court; $40 per hour for time spent out of court, excluding travel, related to a case; and $25 per hour for time spent in travel related to a case if any portion of the trip is outside the county in which the attorney's principal office is located or if the trip requires traveling a distance of more than 30 miles, one way, from the attorney's principal office.

AB150-ASA, s. 7285m Section 7285m. 977.08 (4m) (c) of the statutes is created to read:

AB150-ASA,2265,25 977.08 (4m) (c) Unless otherwise provided by a rule promulgated under s. 977.02 (7r) or by a contract authorized under sub. (3) (f), for cases assigned on or after the effective date of this paragraph .... [revisor inserts date], private local attorneys shall be paid $40 per hour for time spent related to a case, excluding travel, and $25 per hour for time spent in travel related to a case if any portion of the trip is outside the county in which the attorney's principal office is located or if the trip requires traveling a distance of more than 30 miles, one way, from the attorney's principal office.

AB150-ASA, s. 7286 Section 7286. 977.08 (5) (b) (intro.) of the statutes is amended to read: