The agency has not previously been reimbursed or repaid for the expended moneys by the defendant.
Fees and travel allowance of witnesses for the state at the preliminary examination and the trial.
Fees and disbursements allowed by the court to expert witnesses. Section 814.04 (2)
shall not apply in criminal cases.
Fees and travel allowance of witnesses for the defense incurred by the county at the request of the defendant, at the preliminary hearing and the trial.
Attorney fees payable to the defense attorney by the county or the state. If the court determines at the time of sentencing that the defendant's financial circumstances are changed, the court may adjust the amount in accordance with s. 977.07 (1) (a)
An amount determined by the court to make a reasonable contribution to a crime prevention organization, if the court determines that the person has the financial ability to make the contribution and the contribution is appropriate.
An amount equal to 10% of any restitution ordered under s. 973.20
, payable to the county treasurer for use by the county.
The cost of performance of a test under s. 968.38
, if ordered by the court.
The court may remit the taxable costs, in whole or in part.
If the court orders payment of restitution, collection of costs shall be as provided under s. 973.20
Sup. Ct. Order, 67 W (2d) 585, 784 (1975); 1979 c. 356
; 1981 c. 352
; 1985 a. 29
; 1987 a. 347
; 1991 a. 39
; 1995 a. 27
See note to 814.51, citing State v. Foster, 100 W (2d) 103, 301 NW (2d) 192 (1981).
Court may not order reimbursement of law enforcement agency for routine investigative activities. State v. Peterson, 163 W (2d) 800, 472 NW (2d) 571 (Ct. App. 1991).
Contribution under (1) (e) toward defendant's attorney fees payable by county may not be taxed in an order separate from the sentence. State v. Grant, 168 W (2d) 682, 484 NW (2d) 371 (Ct. App. 1992).
Sub. (1) (c) provides authority to order payment of costs to the state crime laboratory for tests performed, whether or not an expert from the laboratory actually testified at trial. State v. Ferguson, 195 W (2d) 174, 536 NW (2d) 116 (Ct. App. 1995).
Sub. (1) (c) does not limit recovery of expert witness fees to fees for court appointed witnesses. State v. Schmaling, 198 W (2d) 757, 543 NW (2d) 555 (Ct. App. 1995).
Obligation of defendant under this section is not dischargeable in bankruptcy. Matter of Zarzynski, 771 F (2d) 304 (1985).
Right to counsel; repayment of cost of court-appointed counsel as a condition of probation. 56 MLR 551.
Failure to pay fine or costs or to comply with certain community service work.
If the fine, costs, penalty assessment, jail assessment, crime victim and witness assistance surcharge, applicable deoxyribonucleic acid analysis surcharge, applicable drug abuse program improvement surcharge, applicable domestic abuse assessment, applicable driver improvement surcharge, applicable weapons assessment, applicable uninsured employer assessment, applicable environmental assessment, applicable wild animal protection assessment, applicable natural resources assessment and applicable natural resources restitution payments are not paid or community service work under s. 943.017 (3)
is not completed as required by the sentence, the defendant may be committed to the county jail until the fine, costs, penalty assessment, jail assessment, crime victim and witness assistance surcharge, applicable deoxyribonucleic acid analysis surcharge, applicable drug abuse program improvement surcharge, applicable domestic abuse assessment, applicable driver improvement surcharge, applicable weapons assessment, applicable uninsured employer assessment, applicable environmental assessment, applicable wild animal protection assessment, applicable natural resources assessment or applicable natural resources restitution payments are paid or discharged, or the community service work under s. 943.017 (3)
is completed, for a period fixed by the court not to exceed 6 months.
See note to Art. I, sec. 8, citing State ex rel. Pedersen v. Blessinger, 56 W (2d) 286, 201 NW (2d) 778.
Where fine and payment schedule are reasonably suited to offender's means, offender carries heavy burden of showing inability to pay. Will v. State, 84 W (2d) 397, 267 NW (2d) 357 (1978).
Commitment under this section may be consecutive to another term of incarceration. State v. Way, 113 W (2d) 82, 334 NW (2d) 918 (Ct. App. 1983).
The six month limit on commitments under this section is the aggregate amount of time a defendant may be jailed for nonpayment of a fine. State v. Schuman, 173 W (2d) 743, 496 NW (2d) 684 (Ct. App. 1993).
Forfeiture of property derived from crime and certain vehicles. 973.075(1)(a)
All property, real or personal, including money, directly or indirectly derived from or realized through the commission of any crime.
All vehicles, as defined in s. 939.22 (44)
, which are used to transport any property or weapon used or to be used or received in the commission of any felony, which are used in the commission of a crime under s. 946.70
, which are used in the commission of a crime in violation of s. 944.30
, which are used in the commission of a crime relating to a submerged cultural resource in violation of s. 44.47
or which are used to cause more than $1,000 worth of criminal damage to cemetery property in violation of s. 943.01 (2) (d)
No vehicle used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under ss. 973.075
unless it appears that the owner or other person in charge of the vehicle had knowledge of or consented to the commission of the crime;
No vehicle is subject to forfeiture under ss. 973.075
by reason of any act or omission established by the owner of the vehicle to have been committed or omitted without his or her knowledge or consent; and
If forfeiture of a vehicle encumbered by a bona fide perfected security interest occurs, the holder of the security interest shall be paid from the proceeds of the forfeiture if the security interest was perfected prior to the date of the commission of the crime which forms the basis for the forfeiture and he or she neither had knowledge of nor consented to the act or omission.
All remote sensing equipment, navigational devices, survey equipment and scuba gear and any other equipment or device used in the commission of a crime relating to a submerged cultural resource in violation of s. 44.47
A tank vessel that violates s. 144.78 (2)
[299.62 (2)] that is owned by a person who, within 5 years before the commission of the current violation, was previously convicted of violating s. 144.78 (2)
[299.62 (2)], but if the tank vessel is encumbered by a bona fide perfected security interest that was perfected before the date of the commission of the current violation and the holder of the security interest neither had knowledge of nor consented to the commission of that violation, the holder of the security interest shall be paid from the proceeds of the forfeiture.
NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
A law enforcement officer may seize property subject to this section upon process issued by any court of record having jurisdiction over the property. Except for vehicles used in the commission of a crime in violation of s. 944.30
, seizure without process may be made under any of the following circumstances:
The seizure is incident to an arrest or a search under a search warrant or an inspection under any administrative or special inspection warrant.
The property subject to seizure has been the subject of a prior judgment in favor of the state.
The officer has probable cause to believe that the property is directly or indirectly dangerous to health or safety.
The officer has probable cause to believe that the property was derived from or realized through a crime or that the property is a vehicle which was used to transport any property or weapon used or to be used or received in the commission of any felony, which was used in the commission of a crime relating to a submerged cultural resource in violation of s. 44.47
or which was used to cause more than $1,000 worth of criminal damage to cemetery property in violation of s. 943.01 (2) (d)
If there is a seizure under sub. (2)
or s. 342.30 (4) (a)
, proceedings under s. 973.076
shall be instituted. Property seized under this section or s. 342.30 (4) (a)
is not subject to replevin, but is deemed to be in the custody of the sheriff of the county in which the seizure was made subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When property is seized under this section or s. 342.30 (4) (a)
, the person seizing the property may do any of the following:
Remove the property to a place designated by it.
Require the sheriff of the county in which the seizure was made to take custody of the property and remove it to an appropriate location for disposition in accordance with law.
When property is forfeited under ss. 973.075
, the agency seizing the property may sell the property that is not required by law to be destroyed or transferred to another agency. The agency may retain any vehicle for official use or sell the vehicle. The agency seizing the property may deduct 50% of the amount received for administrative expenses of seizure, maintenance of custody, advertising and court costs and the costs of investigation and prosecution reasonably incurred. The remainder shall be deposited in the school fund as the proceeds of the forfeiture. If the property forfeited under ss. 973.075
is money, all the money shall be deposited in the school fund.
All forfeitures under ss. 973.075
shall be made with due provision for the rights of innocent persons under sub. (1) (b) 1.
. Any property seized but not forfeited shall be returned to its rightful owner. Any person claiming the right to possession of property seized may apply for its return to the circuit court for the county in which the property was seized. The court shall order such notice as it deems adequate to be given the district attorney and all persons who have or may have an interest in the property and shall hold a hearing to hear all claims to its true ownership. If the right to possession is proved to the court's satisfaction, it shall order the property returned if:
The property is not needed as evidence or, if needed, satisfactory arrangements can be made for its return for subsequent use as evidence; or
All proceedings in which it might be required have been completed.
The critical inquiry under (1) (b) is not whether the vehicle was used in crime, but whether property carried by vehicle was used in crime. State v. One 1971 Oldsmobile Cutlass, 159 W (2d) 718, 464 NW (2d) 851 (Ct. App. 1990).
Forfeiture proceedings. 973.076(1)
Type of action; where brought.
In an action brought to cause the forfeiture of any property specified in s. 342.30 (4) (a)
or s. 973.075 (1)
, the court may render a judgment in rem or against a party personally, or both. The circuit court for the county in which the property was seized shall have jurisdiction over any proceedings regarding the property when the action is commenced in state court. Any property seized may be the subject of a federal forfeiture action.
The district attorney of the county within which the property was seized or in which the defendant is convicted shall commence the forfeiture action within 30 days after the seizure of the property or the date of conviction, whichever is earlier, except that the defendant may request that the forfeiture proceedings be adjourned until after adjudication of any charge concerning a crime which was the basis for the seizure of the property. The request shall be granted. The forfeiture action shall be commenced by filing a summons, complaint and affidavit of the person who seized the property with the clerk of circuit court, provided service of authenticated copies of those papers is made in accordance with ch. 801
within 60 days after filing upon the person from whom the property was seized and upon any person known to have a bona fide perfected security interest in the property.
Upon service of an answer, the action shall be set for hearing within 60 days of the service of the answer but may be continued for cause or upon stipulation of the parties.
In counties having a population of 500,000 or more, the district attorney or the corporation counsel may proceed under par. (a)
If no answer is served or no issue of law or fact has been joined and the time for that service or joining issue has expired, or if any defendant fails to appear at trial after answering or joining issue, the court may render a default judgment as provided in s. 806.02
(3) Burden of proof.
The state shall have the burden of satisfying or convincing to a reasonable certainty by the greater weight of the credible evidence that the property is subject to forfeiture under s. 973.075
(4) Action against other property of the person.
The court may order the forfeiture of any other property of a defendant up to the value of property found by the court to be subject to forfeiture under s. 973.075
if the property subject to forfeiture meets any of the following conditions:
Has been transferred or conveyed to, sold to or deposited with a 3rd party.
Has been substantially diminished in value while not in the actual physical custody of the law enforcement agency.
Has been commingled with other property that cannot be divided without difficulty.
History: 1981 c. 267
; Sup. Ct. Order, 120 W (2d) xiii (1984); 1985 a. 245
; 1989 a. 121
; 1993 a. 92
Judicial Council Note, 1984: Sub. (2) (a) has been amended by allowing 60 days after the action is commenced for service of the summons, complaint and affidavit on the defendants. The prior statute, requiring service within 30 days after seizure of the property, was an exception to the general rule of s. 801.02 (2), stats. [Re Order effective Jan. 1, 1985]
Burden of proof; liabilities. 973.077(1)
It is not necessary for the state to negate any exemption or exception regarding any crime in any complaint, information, indictment or other pleading or in any trial, hearing or other proceeding under s. 973.076
. The burden of proof of any exemption or exception is upon the person claiming it.
In the absence of proof that a person is the duly authorized holder of an appropriate federal registration or order form, the person is presumed not to be the holder of the registration or form. The burden of proof is upon the person to rebut the presumption.
No liability is imposed by ss. 973.075
upon any authorized law enforcement officer or employe engaged in the lawful performance of duties.
History: 1981 c. 267
Records accompanying prisoner. 973.08(1)
When any defendant is sentenced to the state prisons, a copy of the judgment of conviction and a copy of any order for restitution under s. 973.20
shall be delivered by the officer executing the judgment to the warden or superintendent of the institution when the prisoner is delivered.
The transcript of any portion of the proceedings relating to the prisoner's sentencing shall be filed at the institution within 120 days from the date sentence is imposed.
The transcript of all other testimony and proceedings upon order of a court shall be delivered to a prisoner within 120 days of his or her request.
The transcript of all other testimony and proceedings upon order of a court shall be delivered to the department within 120 days of its request.
The clerk of court shall file or deliver a transcript under sub. (2)
Effective date note
History: 1971 c. 298
s. 26 (1)
; 1977 c. 187
; Sup. Ct. Order, eff. 1-1-80; 1979 c. 221
; 1987 a. 398
For a court order to be entered under sub. (3), at a minimum a requesting prisoner must show that he or she either never received or was denied access to the requested documents. State v. Wilson, 170 W (2d) 720, 490 NW (2d) 48 (Ct. App. 1992).
Except as provided in par. (c)
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.
If the court places the person on probation, 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 probation. 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
When a person is convicted of any crime which is punishable by life imprisonment, the court shall not place the person on probation.
If a person is convicted of an offense that provides a mandatory or presumptive minimum period of one year or less of imprisonment, a court may place the person on probation under par. (a)
if the court requires, as a condition of probation, that the person be confined under sub. (4)
for at least that mandatory or presumptive minimum period. The person is eligible to earn good time credit calculated under s. 302.43
regarding the period of confinement. This paragraph does not apply if the conviction is for any violation under s. 346.63
The court may impose a sentence under s. 973.032
, stay its execution and place the person on probation. A court may not provide that a condition of any probation involves participation in the intensive sanctions program.
If the court places the person on probation, the court may require, upon consideration of the factors specified in s. 973.20 (13) (a) 2.
, that the probationer reimburse the county or the state, as applicable, for any costs for legal representation to the county or the state for the defense of the case. In order to receive this reimbursement, the county or the state public defender shall provide a statement of its costs of legal representation to the defendant and court within the time period set by the court.
If the court places a person on probation, the court may require that the probationer make a contribution to a crime prevention organization if the court determines that the probationer has the financial ability to make the contribution.
The original term of probation shall be: