Under current law, DHSS must adjust the per-person daily cost assessment
upon counties for state-provided juvenile correctional services at least annually. If
there is an increase in the assessment, DHSS must increase the funds available to
counties to cover that increase. This bill eliminates the requirements that DHSS
adjust that assessment annually and provide funding to cover any increase in that
assessment.
Under current law, a county department of human services or social services
may provide an intensive supervision program, consisting of intensive surveillance
and community-based treatment services, for children who have been adjudicated
delinquent and ordered to participate in an intensive supervision program. This bill
eliminates the authority of county departments to provide intensive supervision
programs.
Current law provides an intensive aftercare program for children who have
been released from secured correctional facilities, child-caring institutions and
secure alcohol and other drug abuse treatment programs with the aim of reducing
recidivism by determining what types and levels of intensity of services are effective
for reducing recidivism for children on aftercare. This bill eliminates that program.
Under current law, DOC may enter into contracts with counties to have DOC
provide electronic monitoring for certain children who have been ordered by a
juvenile court to be subject to electronic monitoring. Currently, children may not be
assessed a fee for these services. This bill broadens DOC's authority, allowing DOC
to enter into a contract with a county social services department or DHSS so that
DOC can provide electronic monitoring services for any child who is in the custody
or under the supervision of the county department or DHSS. DOC charges fees for
the services that it provides. Under a placement agreement, the child or the child's
parent or guardian may be charged a fee for these services.
This bill permits moneys received as payments in restitution of property that
is damaged at a juvenile secured correctional facility, moneys received from the sale
of surplus property from a juvenile secured correctional facility and moneys received
for miscellaneous services provided at a juvenile secured correctional facility to be
used for the repair or replacement of property damaged at the facility and for the
provision of those miscellaneous services.
Courts and procedure
Circuit courts
Under current law, the director of state courts reimburses counties for the costs
of guardians ad litem, who are appointed by courts to represent the interests of
children or incompetent persons. If the state moneys appropriated are insufficient,
the county payments are prorated. This bill eliminates that reimbursement program
and allows counties to include those costs in the court costs that are eligible for state
reimbursement under current circuit court support grants.
The court support payment program is currently funded by a $20 court support
services fee that is assessed to litigants. This bill raises that fee to $40.
This bill requires a county board to provide one judicial assistant for every 3
circuit judges in counties with 3 or more circuit court branches to assist the judges
with clerical and administrative duties. Under current law, the costs of the judicial
assistants are included in those court costs that are eligible for state reimbursement
under the circuit court support grants.
Under current law, the fees collected by the clerk of circuit court for most civil
actions are increased for the period from September 1, 1989, to December 31, 1995.
This bill removes the expiration date of December 31, 1995, for the increased fees.
Under current law, funding to reimburse Milwaukee County for the costs of
operating a drug court in Milwaukee expires June 30, 1995. This bill changes that
expiration date to June 30, 1997.
Under current law, each circuit judge is responsible for appointing a court
reporter to serve in the branch of that circuit judge. This bill instead requires the
chief judge of the judicial administrative district, in cooperation with the district
court administrator, to appoint, assign and supervise the court reporters serving the
circuit courts within that judicial administrative district.
Under current law, in civil cases, traffic cases, municipal court actions to impose
civil monetary forfeitures and small claims actions if a jury is requested, the jury
consists of 6 persons. In certain cases, including traffic cases and forfeiture actions,
a party to the action may request a greater number of jurors, not to exceed 12 persons.
This bill limits the number of jurors to 6 persons in cases involving traffic
regulations.
Under current law, a circuit court fee of $10 collected by each county for filing
a petition requesting child or family support or maintenance is used to fund the
county's cost of administering the child and spousal support and paternity program.
Under this bill, the fee is used for court services related to the filing of a petition for
support or maintenance.
Under current law, a court reporter receives a fee for making a transcript of the
court record of $1.50 for a 25-line page for the original and 50 cents for a duplicate
page. The fee generally is paid by the county. If the state public defender (SPD)
represents the defendant, the state pays the fee. If another party to an action
requests a transcript, the party pays the court reporter a fee of $1.75 for a 25-line
page for the original and 60 cents for a duplicate page.
This bill allows a court reporter to collect these transcript fees after June 30,
1995, only if the transcript is produced on computer-aided transcription equipment
owned by the court reporter and purchased before January 1, 1995. The bill
eliminates all court reporter fees after June 30, 1997.
Other courts and procedure
Under current law, certain proceedings in a criminal case may be conducted by
telephone or live audiovisual means, if available. Some of these proceedings may be
conducted by telephone or live audiovisual means only with the consent of the
defendant. This bill eliminates the requirement for the defendant's consent. Under
the bill, either party may request that the proceedings be conducted by telephone or
live audiovisual means. The court may then permit the proceedings to be conducted
by telephone or live audiovisual means unless the opposing party shows good cause
for not doing so.
Under current law, in antitrust actions, the court may award private parties,
but not the department of justice (DOJ), the costs of a suit, including reasonable
attorney fees. The costs must be paid by the losing party. In pollution discharge
actions, the court may award DOJ the costs of any investigation and monitoring
related to a prosecution. Current law does not give the court authority to provide any
similar awards to DOJ in consumer protection, medical assistance fraud and
environmental protection actions.
This bill permits the court, in consumer protection, environmental protection,
medical assistance fraud and pollution discharge actions, to award DOJ an amount
reasonably necessary to remedy the harmful effects of the violation, the costs of the
suit, including attorney fees and the expenses of investigation and prosecution.
Under current law, the judicial commission, composed of 5 nonlawyers
appointed by the governor with the consent of the senate and 2 judges and 2 state
bar members appointed by the supreme court, investigates any misconduct or
permanent disability of a judge or court commissioner. The supreme court reviews
the actions of the commission and determines the appropriate discipline or action to
take in response to the commission's investigation.
Under current law, the judicial council studies the rules of practice and
procedure in the courts and the organization and methods of operation of the courts.
The judicial council recommends changes in court practice and procedure to the
legislature and to the supreme court and advises the supreme court in the
promulgation of rules that regulate pleadings, practice and procedure in judicial
proceedings.
This bill retains both the judicial commission and the judicial council but
abolishes the executive secretary of and clerical support for the judicial council.
Under the bill, the judicial commission provides staff services to the judicial council.
This bill provides immunity from civil liability for property damage if the
person causing the damage was acting in good faith in containing and stabilizing a
discharge of oil into any navigable waterway and was under the direction of a state
or federal hazardous substance contingency plan, a federal on-scene coordinator or
the secretary of natural resources. This immunity does not apply to a person who
possesses or controls the oil which is discharged, who causes the discharge of the oil
or whose act or omission involves reckless, wanton or intentional misconduct.
Public defender
Under current law, the SPD may seek payment for legal services provided to
persons who are indigent in part, from the parents of children for whom the SPD
provides legal counsel who are not indigent or who are indigent in part and from
persons who have been represented by the SPD and whose financial circumstances
improve.
Under this bill, the SPD must establish a system to verify the income, assets
and expenses of the persons seeking representation, to make redeterminations of
indigency during the course of representation and to collect payments from persons
who have been provided counsel. The bill authorizes the SPD to gain access to, and
to receive copies of, the income tax returns of its clients from whom the SPD seeks
payment for legal representation.
Under current law, if an indigent person is the respondent in a paternity action
and the petitioner is represented by the district attorney, corporation counsel,
attorney responsible for support enforcement or some other state or county attorney,
the indigent person is entitled to state-paid legal counsel under the SPD program
on the issues of paternity determination and initial child support establishment.
The legal services provided by SPD end, however, if during the paternity proceeding
the results of blood tests show that the respondent is excluded as the father or that
the statistical probability of the respondent being the father is 99.0% or higher. This
bill eliminates entirely the entitlement of an indigent respondent in a paternity
action to state-paid legal services provided by SPD.
Under a decision by the Wisconsin court of appeals, which the Wisconsin
supreme court refused to review and thus upheld, an indigent person is entitled to
representation by the SPD in an action for contempt of court that is brought by the
state because the person, if found in contempt, may be incarcerated.
Brotzman v.
Brotzman, 91 Wis. 2d 335 (1979). This bill provides that the SPD may not provide
legal representation to a person who is subject to a contempt of court proceeding for
failure to pay child or family support if the matter is not brought by the state or if
the judge or family court commissioner hearing the matter certifies to the SPD that
the person will not be incarcerated if found in contempt.
Under current law, the SPD may provide legal representation on behalf of an
indigent person in a case attacking the conditions of the person's confinement, if the
SPD believes the case should be pursued. This bill eliminates this authority.
Current law provides caseload standards that a staff attorney in the SPD trial
division is expected to handle. This bill increases those standards for felony cases
from 166.8 to 184.5 per year, for misdemeanor cases from 410.9 to 492 per year and
for juvenile cases from 228.4 to 246 per year.
Current law reduces the caseload standards of 12 SPD staff attorneys to 50%
of the full caseload standards imposed by law and requires them to perform
supervisory duties. This bill repeals this provision.
Under current law, the SPD assigns some cases to staff attorneys and some
cases to private local attorneys. In each county, the SPD creates a list of qualified
private local attorneys for each type of case handled. Generally, the SPD assigns
cases in order according to the applicable list. An attorney may not be excluded from
a list unless the SPD states in writing the reasons for the exclusion. This bill allows
the SPD to assign cases to a private local attorney, without regard to the lists, for
reasons related to that attorney's performance.
Under current law, a private local attorney who receives an assignment from
the SPD generally receives $50 per hour for time spent in court, $40 per hour for time
spent out of court, excluding travel, and $25 per hour for travel in certain situations.
The SPD may also enter into annual contracts with private local attorneys to handle
vehicle-related cases and to pay those attorneys an amount set in the contract that
does not exceed the previously described rates. This bill authorizes such contracts
in all cases, requires the SPD to enter into as many of these contracts as possible,
allows the contracts to be made with attorneys or law firms and requires that the
contracts set a fixed-fee total amount (subject to the hourly rate limits).
Current law requires that a prosecutor make available to a person charged with
a crime certain information, such as statements of witnesses, police reports and
reports of scientific testing, that the prosecutor has in his or her possession. This bill
requires the SPD to pay any fee charged for photocopying any such items made
available to a person charged with a crime if the SPD or a private attorney appointed
by the SPD represents the person. The fee that the SPD may be charged for
photocopies may not exceed the actual, necessary and direct cost of photocopying.
Current law requires a court in criminal, children's code, mental health act and
protective services proceedings to consider the ability of the person who is the subject
of the proceeding to cooperate and understand the proceeding. If the court has notice
that the person has a language difficulty, current law requires the court to hold a
hearing to determine if that person needs an interpreter.
Current law requires the state to pay for an interpreter provided to an indigent
if the proceedings are in the supreme court, a court of appeals or a circuit court. In
Appointment of Interpreter in State v. Le, 184 Wis. 2d 860 (1994), the Wisconsin
supreme court decided that the director of state courts is the state agency responsible
for the payment of the fees of an interpreter for an indigent in circuit court
proceedings and that the SPD is responsible for the payment of fees for those services
provided outside a court proceeding. Current law limits the payment of interpreter
fees in court proceedings to $35 per one-half day.
This bill codifies the supreme court decision, requiring the SPD to pay the
interpreter fees for out-of-court assistance to the SPD. The bill sets a payment limit
of $35 per one-half day for interpreter services provided to the SPD outside of court
proceedings.
Current law requires the clerk of circuit court to collect a fee of $1.25 per page
for copies of general court documents. The register in probate and sheriff collect a
fee of $1 per page for copies of similar documents. This bill requires the clerk of
circuit court, the register in probate and the sheriff to instead charge the actual,
necessary and direct costs for those documents when copies of those documents are
requested by the SPD.
Crimes
Under current law, with certain exceptions for repeat serious felony offenders,
if a person is convicted of first-degree intentional homicide or another crime
punishable by life imprisonment, the court must sentence the person to life
imprisonment and must make a parole eligibility determination either allowing
ordinary parole eligibility provisions to apply or setting a later parole eligibility date.
This bill gives the court a 3rd option: the court may provide that the life
imprisonment is without the possibility of parole.
Current law provides a number of penalty enhancement provisions to allow for
increased penalties whenever crimes are committed under specified circumstances.
This bill provides penalty enhancement for violent crimes committed on or within
1,000 yards of school premises or a school bus. If the underlying crime is a felony,
the maximum period of imprisonment is increased by 5 years. If the underlying
crime is a misdemeanor, the maximum period of imprisonment is increased by 6
months. In addition, unless the person who is convicted of a crime poses a public
safety risk, the court may require the person to complete 100 hours of community
service work.
Under current law, the sentencing commission promulgates rules providing
guidelines for use by judges whenever sentencing most felony defendants. Judges
must take the guidelines into account when imposing a sentence, but may deviate
from the guidelines by stating on the record the reasons for the deviation. This bill
abolishes the sentencing commission and eliminates the requirement that judges
consider the guidelines.
Education
Primary and secondary education
Article X, Section 1, of the Wisconsin Constitution provides that "the
supervision of public instruction shall be vested in a state superintendent of public
instruction and such other officers as the legislature shall direct ...." The constitution
provides for the election of the state superintendent. The statutes provide that the
state superintendent directs and supervises the department of public instruction.
Effective July 1, 1996, this bill changes the name of the department of public
instruction (DPI) to the department of education (DOE) and provides for DOE to be
under the direction and supervision of a secretary of education who is nominated by
the governor, and with the advice and consent of the senate appointed, to serve at the
pleasure of the governor. All duties and powers currently assigned or granted to the
state superintendent, including membership on various boards and councils, are
transferred to the secretary of education. The bill creates an office of the state
superintendent, attached to DOE, under the direction and supervision of the state
superintendent, and directs the state superintendent to:
1. Visit, ascertain the condition of and stimulate public interest in the public
schools.
2. Advocate for the needs of children and school districts.
3. Provide information to the public on the public schools and school districts.
4. Annually submit to the governor and the legislature a plan for improving the
public schools and the academic achievement of public school pupils.
This bill transfers from DPI to the department of revenue (DOR), effective July
1, 1996, the responsibility for calculating and distributing general school aid, the
responsibility for distributing handicapped education aid, pupil transportation aid,
bilingual-bicultural education aid, school library aids and tuition payments. The
bill transfers 10 FTE positions from DPI to DOR, but no incumbent DPI employes
are transferred.
Current law requires any person having under his or her control a child
between the ages of 6 and 18 years to ensure that the child attends school regularly.
Current law provides certain exceptions to that general rule:
1. With the written approval of the parent or guardian of a child who is at least
16 years old and a child at risk, the child may attend, part time or in lieu of high
school, a technical college. A child at risk is a pupil in grades 5 to 12 who is one or
more years behind his or her age group in the number of high school credits attained,
or 2 or more years behind his or her age group in basic skill levels, and is also a
dropout, a habitual truant, a parent or an adjudicated delinquent.
2. With the written approval of the parent or guardian of a child who is 16 years
old, the child may be excused by a school board from school attendance if the child
will participate in an alternative program that leads to high school graduation.
3. With the written approval of the parent or guardian of a child who is at least
17 years old, the child may be excused by a school board from regular school
attendance if the child will participate in an alternative program leading to high
school graduation or to a high school equivalency diploma.
4. With the written approval of the parent or guardian of a child who is at least
17 years old, the child must be excused by a school board from regular school
attendance if the child began a program leading to a high school equivalency diploma
in a secured correctional facility and the child and his or her parent or guardian agree
that the child will continue to participate in such a program.
This bill reduces the age of compulsory school attendance from 18 to 17 years
of age. The bill modifies the exception described in item 3, above. Under the bill,
upon the request of any child who is at least 17 years old, the school board may allow
the child to participate in an alternative program. Finally, the bill eliminates the
exception described in item 4, above.
