AB100: Bill Text

AB100,2016,20 3. At a probation review hearing under subd. 2., the department has the burden of proving that the probationer owes unpaid fees under s. 304.073 or 304.074 and the amount of the unpaid fees. If the department proves by a preponderance of the evidence that the probationer owes unpaid fees under s. 304.073 or 304.074, the court may, by order, extend the period of probation for a stated period, modify the terms and conditions of probation or revoke the probationer's probation.

AB100,2017,2 4. If the court does not extend, revoke or modify the terms of probation under subd. 3., it shall issue a judgment for the unpaid fees and direct the clerk of circuit court to file and enter the judgment in the judgment and lien docket, without fee. If the court issues a judgment for the unpaid fees, the court shall send to the department a written notification that a civil judgment has been issued for the unpaid fees. The judgment has the same force and effect as judgments entered under s. 806.10.

AB100, s. 5455 Section 5455. 973.09 (3) (c) 1. and 2. of the statutes are amended to read:

AB100,2017,5 973.09 (3) (c) 1. The probationer has not made a good faith effort to discharge court-ordered payment obligations or to pay fees owed under s. 304.073 or 304.074.

AB100,2017,9 2. The probationer is not presently able to make required restitution payments and the probationer and the person to whom restitution is owed consent to the performance of community service work under sub. (7m) in satisfaction of restitution ordered for that person, for which an extended period of probation is required.

AB100, s. 5456 Section 5456. 973.10 (1) of the statutes is amended to read:

AB100,2017,15 973.10 (1) Imposition of probation shall have the effect of placing the defendant in the custody of the department and shall subject the defendant to the control of the department under conditions set by the court and rules and regulations established by the department for the supervision of probationers and , parolees and persons on community supervision.

AB100, s. 5457 Section 5457. 973.135 (title) of the statutes is amended to read:

AB100,2017,18 973.135 (title) Courts to report convictions to the department of education state superintendent of public instruction.

AB100, s. 5458 Section 5458. 973.135 (1) (a) of the statutes is repealed.

AB100, s. 5459 Section 5459. 973.135 (1) (am) of the statutes is renumbered 973.135 (1) (a).

AB100, s. 5460 Section 5460. 973.135 (1) (b) of the statutes is created to read:

AB100,2017,23 973.135 (1) (b) "State superintendent" means the state superintendent of public instruction.

AB100, s. 5461 Section 5461. 973.135 (2) of the statutes is amended to read:

AB100,2018,6 973.135 (2) If a court determines that a person convicted of a crime specified in ch. 948, including a crime specified in s. 948.015, a felony for which the maximum term of imprisonment is at least 5 years, 4th degree sexual assault under s. 940.225 (3m) or a crime in which the victim was a child, is employed by an educational agency, the clerk of the court in which such conviction occurred shall promptly forward to the department state superintendent the record of conviction.

AB100, s. 5462 Section 5462. 973.135 (3) of the statutes is amended to read:

AB100,2018,10 973.135 (3) If a conviction under sub. (2) is reversed, set aside or vacated, the clerk of the court shall promptly forward to the department state superintendent a certificate stating that the conviction has been reversed, set aside or vacated.

AB100, s. 5463 Section 5463. 973.15 (2) (b) of the statutes is amended to read:

AB100,2018,22 973.15 (2) (b) The court may not impose a sentence to the intensive sanctions program consecutive to any other sentence. The court may not impose a sentence to the intensive sanctions program concurrent with a sentence imposing imprisonment, except that the court may impose a sentence to the program concurrent with an imposed and stayed imprisonment sentence or with a prison sentence for which the offender has been released on community supervision or parole. The court may impose concurrent intensive sanctions program sentences. The court may impose an intensive sanctions program sentence concurrent to probation. The court may impose any sentence for an escape from a sentence to the intensive sanctions program concurrent with the sentence to the intensive sanctions program.

AB100, s. 5464 Section 5464. 973.15 (6) of the statutes is amended to read:

AB100,2019,3 973.15 (6) Sections 302.11 and 304.06 are applicable to an inmate serving a sentence to the Wisconsin state prisons for a crime committed before July 1, 1998, but confined in a federal institution or an institution in another state.

AB100, s. 5465 Section 5465. 973.155 (1) (b) of the statutes is amended to read:

AB100,2019,8 973.155 (1) (b) The categories in par. (a) include custody of the convicted offender which is in whole or in part the result of a probation, community supervision or parole hold under s. 304.06 (3) or 973.10 (2) placed upon the person for the same course of conduct as that resulting in the new conviction.

AB100, s. 5466 Section 5466. 973.155 (2) of the statutes is amended to read:

AB100,2019,16 973.155 (2) After the imposition of sentence, the court shall make and enter a specific finding of the number of days for which sentence credit is to be granted, which finding shall be included in the judgment of conviction. In the case of revocation of probation, community supervision or parole, the department, if the hearing is waived, or the division of hearings and appeals in the department of administration, in the case of a hearing, shall make such a finding, which shall be included in the revocation order.

AB100, s. 5467 Section 5467. 973.155 (5) of the statutes is amended to read:

AB100,2019,25 973.155 (5) If this section has not been applied at sentencing to any person who is in custody or to any person who is on probation, community supervision or parole, the person may petition the department to be given credit under this section. Upon proper verification of the facts alleged in the petition, this section shall be applied retroactively to the person. If the department is unable to determine whether credit should be given, or otherwise refuses to award retroactive credit, the person may petition the sentencing court for relief. This subsection applies to any person, regardless of the date he or she was sentenced.

AB100, s. 5468 Section 5468. 973.20 (1r) of the statutes is amended to read:

AB100,2020,13 973.20 (1r) When imposing sentence or ordering probation for any crime for which the defendant was convicted, the court, in addition to any other penalty authorized by law, shall order the defendant to make full or partial restitution under this section to any victim of a crime considered at sentencing or, if the victim is deceased, to his or her estate, unless the court finds substantial reason not to do so and states the reason on the record. Restitution ordered under this section is a condition of probation, community supervision or parole served by the defendant for a crime for which the defendant was convicted. After the termination of probation, community supervision or parole, or if the defendant is not placed on probation, community supervision or parole, restitution ordered under this section is enforceable in the same manner as a judgment in a civil action by the victim named in the order to receive restitution or enforced under ch. 785.

AB100, s. 5469 Section 5469. 973.20 (10) of the statutes is amended to read:

AB100,2020,20 973.20 (10) The court may require that restitution be paid immediately, within a specified period or in specified instalments. If the defendant is placed on probation or sentenced to imprisonment, the end of a specified period shall not be later than the end of any period of probation, community supervision or parole. If the defendant is sentenced to the intensive sanctions program, the end of a specified period shall not be later than the end of the sentence under s. 973.032 (3) (a).

AB100, s. 5470 Section 5470. 975.10 (1) of the statutes is amended to read:

AB100,2021,8 975.10 (1) Any person committed as provided in this chapter may be paroled if it appears to the satisfaction of the department of health and family services after recommendation by a special review board, appointed by the department, a majority of whose members shall not be connected with the department, that the person is capable of making an acceptable adjustment in society. Before a person is released on parole under this section, the department of health and family services shall so notify the municipal police department and county sheriff for the area where the person will be residing. The notification requirement does not apply if a municipal department or county sheriff submits to the department of health and family services a written statement waiving the right to be notified. Probation, community supervision and parole agents of the department of corrections shall supervise persons paroled under this section.

AB100, s. 5471 Section 5471. 976.03 (3) of the statutes is amended to read:

AB100,2021,25 976.03 (3) Form of demand. No demand for the extradition of a person charged with a crime in another state shall be recognized by the governor unless in writing alleging, except in cases arising under sub. (6), that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter the accused fled from the state, and accompanied by a copy of an indictment found or by an information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereon; or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of the person's bail, probation, community supervision or parole. The indictment, information or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the executive authority making the demand.

AB100, s. 5472 Section 5472. 976.03 (13) of the statutes is amended to read:

AB100,2022,20 976.03 (13) Arrest prior to requisition. Whenever any person within this state shall be charged on the oath of any credible person before any judge of this state with the commission of any crime in any other state and, except in cases arising under sub. (6), with having fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his or her bail, probation, community supervision or parole, or whenever complaint shall have been made before any judge in this state setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime, and, except in cases arising under sub. (6), has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his or her bail, probation, community supervision or parole, and is believed to be in this state, the judge shall issue a warrant directed to any peace officer commanding the officer to apprehend the person named therein, wherever the person may be found in this state, and to bring the person before the same or any other judge or court who or which may be available in or convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit; and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.

AB100, s. 5473 Section 5473. 976.03 (22) of the statutes is amended to read:

AB100,2023,6 976.03 (22) Fugitives from this state, duty of governor. Whenever the governor of this state shall demand a person charged with crime or with escaping from confinement or breaking the terms of his or her bail, probation , community supervision or parole in this state from the executive authority of any other state, or from the chief justice or an associate justice of the district court of the United States for the District of Columbia authorized to receive such demand under the laws of the United States, the governor shall issue a warrant under the seal of this state, to some agent, commanding the agent to receive the person so charged if delivered to the agent and convey the person to the proper officer of the county in this state in which the offense was committed.

AB100, s. 5474 Section 5474. 976.03 (23) (b) of the statutes is amended to read:

AB100,2023,18 976.03 (23) (b) When the return to this state is required of a person who has been convicted of a crime in this state and has escaped from confinement or broken the terms of his or her bail, probation, community supervision or parole, the prosecuting attorney of the county in which the offense was committed, the secretary of corrections, or the warden of the institution or sheriff of the county from which escape was made, shall present to the governor a written application for a requisition for the return of the person, in which application shall be stated the name of the person, the crime of which the person was convicted, the circumstances of escape from confinement or of the breach of the terms of bail, probation, community supervision or parole, and the state in which the person is believed to be, including the location of the person therein at the time application is made.

AB100, s. 5475 Section 5475. 976.03 (27) (a) of the statutes is amended to read:

AB100,2024,4 976.03 (27) (a) Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of his or her bail, probation, community supervision or parole may waive the issuance and service of the warrant provided for in subs. (7) and (8) and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court of record within this state a writing which states that the person consents to return to the demanding state; however, before such waiver shall be executed or subscribed by such person the judge shall inform such person of the person's rights to the issuance and service of a warrant of extradition and to commence an action for habeas corpus as provided in sub. (10).

AB100, s. 5476 Section 5476. 976.05 (3) (a) of the statutes is amended to read:

AB100,2024,22 976.05 (3) (a) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information or complaint on the basis of which a detainer has been lodged against the prisoner, the prisoner shall be brought to trial within 180 days after the prisoner has caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place of his or her imprisonment and his or her request for a final disposition to be made of the indictment, information or complaint, but for good cause shown in open court, the prisoner or the prisoner's counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility or date of release to community supervision of the prisoner and any decisions of the department relating to the prisoner.

AB100, s. 5477 Section 5477. 976.05 (4) (b) of the statutes is amended to read:

AB100,2025,8 976.05 (4) (b) Upon receipt of the officer's written request under par. (a), the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility or date of release to community supervision of the prisoner, and any decisions of the state parole agency relating to the prisoner. Said authorities simultaneously shall furnish all other officers and appropriate courts in the receiving state who lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor.

AB100, s. 5478 Section 5478. 977.05 (6) (h) (intro.) of the statutes is amended to read:

AB100,2025,12 977.05 (6) (h) (intro.) The state public defender may not provide legal services or assign counsel in parole or community supervision revocation proceedings unless all of the following apply:

AB100, s. 5479 Section 5479. 977.05 (6) (h) 1. of the statutes is amended to read:

AB100,2025,15 977.05 (6) (h) 1. The parolee or person on community supervision is contesting the revocation of parole or community supervision.

AB100, s. 5480 Section 5480. 977.05 (6) (h) 2. of the statutes is amended to read:

AB100,2025,19 977.05 (6) (h) 2. The department of corrections seeks to have the parolee or person on community supervision imprisoned upon the revocation of parole or community supervision.

AB100, s. 5481 Section 5481. 977.06 (4) (bm) of the statutes is created to read:

AB100,2025,24 977.06 (4) (bm) The state public defender shall provide information from any statement, affidavit or other information provided by a person regarding financial eligibility under s. 977.07 in response to a request for information made under s. 49.22 (2m).

AB100, s. 5482 Section 5482. 977.06 (4) (c) of the statutes is amended to read:

AB100,2026,4 977.06 (4) (c) Paragraph Paragraphs (b) does and (bm) do not limit the authority of the state public defender to release a copy of the a statement, affidavit or other information regarding financial eligibility under s. 977.07 under other circumstances.

AB100, s. 5483 Section 5483. 977.08 (5) (b) (intro.) of the statutes is amended to read:

AB100,2026,8 977.08 (5) (b) (intro.) Any Except as provided in par. (bn), any of the following constitutes an annual caseload standard for an assistant state public defender in the subunit responsible for trials:

AB100, s. 5484 Section 5484. 977.08 (5) (bn) of the statutes is created to read:

AB100,2026,13 977.08 (5) (bn) Beginning on the effective date of this paragraph .... [revisor inserts date], and ending on June 30, 1999, any of the following constitutes an annual caseload standard for an assistant state public defender in the subunit responsible for trials:

AB100,2026,14 1. Felony cases not specified in subd. 1m.: 184.5.

AB100,2026,15 1m. First-degree intentional homicide cases: 15.

AB100,2026,16 1r. Cases representing persons under ss. 980.05 and 980.06: 15.

AB100,2026,17 2. Misdemeanor cases: 492.

AB100,2026,18 3. Cases not covered under subd. 1., 1m., 1r. or 2.: 246.

AB100, s. 5485 Section 5485. 978.07 (1) (c) 1. of the statutes is amended to read:

AB100,2027,2 978.07 (1) (c) 1. Any case record of a felony punishable by life imprisonment or a related case, after the defendant's parole eligibility date under s. 304.06 (1) or 973.014 (1) or date of eligibility for release to community supervision under s. 973.014 (1g) (a) 1. or 2., whichever is applicable, or 50 years after the commencement of the action, whichever occurs later. If there is no parole eligibility date or no date for release to community supervision, the district attorney may destroy the case record after the defendant's death.

AB100, s. 5486 Section 5486. 978.13 (1) (b) of the statutes is amended to read:

AB100,2027,12 978.13 (1) (b) In counties having a population of 500,000 or more, the salary and fringe benefit costs of 2 clerk positions providing clerical services to the prosecutors in the district attorney's office handling cases involving felony violations under ch. 961. The state treasurer shall pay the amount authorized under this paragraph to the county treasurer pursuant to a voucher submitted by the district attorney to the department of administration from the appropriation under s. 20.475 (1) (h) (i). The amount paid under this paragraph may not exceed $65,800 $70,500 in the 1995-96 1997-98 fiscal year and $68,100 $73,000 in the 1996-97 1998-99 fiscal year.

AB100, s. 5487 Section 5487. 978.13 (1) (c) of the statutes is amended to read:

AB100,2027,23 978.13 (1) (c) In counties having a population of 500,000 or more, the salary and fringe benefit costs of clerk positions in the district attorney's office necessary for the prosecution of violent crime cases primarily involving felony violations under s. 939.63, if a felony is committed while armed, and under ss. 940.01 to 940.03, 940.05, 940.06, 940.225, 943.23 (1g), (1m) and (1r) and 943.32 (2). The state treasurer shall pay the amount authorized under this paragraph to the county treasurer pursuant to a voucher submitted by the district attorney to the secretary of administration from the appropriation under s. 20.475 (1) (i). The amount paid under this paragraph may not exceed $82,600 $88,500 in the 1995-96 1997-98 fiscal year and $85,500 $91,600 in the 1996-97 1998-99 fiscal year.

AB100, s. 5488 Section 5488. 980.015 (2) (a) of the statutes is amended to read:

AB100,2028,3 980.015 (2) (a) The anticipated discharge from a sentence, anticipated release on parole or community supervision or anticipated release from imprisonment of a person who has been convicted of a sexually violent offense.

AB100, s. 5489 Section 5489. 980.02 (1) (b) 2. of the statutes is amended to read:

AB100,2028,9 980.02 (1) (b) 2. The county in which the person will reside or be placed upon his or her discharge from a sentence, release on parole or community supervision, release from imprisonment, from a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or from a commitment order.

AB100, s. 5490 Section 5490. 980.02 (2) (ag) of the statutes is amended to read:

AB100,2028,17 980.02 (2) (ag) The person is within 90 days of discharge or release, on parole, community supervision or otherwise, from a sentence that was imposed for a conviction for a sexually violent offense, from a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), if the person was placed in the facility for being adjudicated delinquent under s. 938.34 on the basis of a sexually violent offense or from a commitment order that was entered as a result of a sexually violent offense.

AB100, s. 5491 Section 5491. 980.02 (4) (am) of the statutes is amended to read:

AB100,2028,23 980.02 (4) (am) The circuit court for the county in which the person will reside or be placed upon his or her discharge from a sentence, release on parole or community supervision, release from imprisonment, from a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or from a commitment order.

AB100, s. 5492 Section 5492. 980.11 (4) of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

AB100,2029,14 980.11 (4) The department shall design and prepare cards for persons specified in sub. (2) (am) to send to the department. The cards shall have space for these persons to provide their names and addresses, the name of the person committed under this chapter and any other information the department determines is necessary. The department shall provide the cards, without charge, to the department of justice and district attorneys. The department of justice and district attorneys shall provide the cards, without charge, to persons specified in sub. (2) (am). These persons may send completed cards to the department of health and family services. All records or portions of records of the department of health and family services that relate to mailing addresses of these persons are not subject to inspection or copying under s. 19.35 (1), except as needed to comply with a request by the department of corrections under s. 301.46 (3) (d) and except that the department shall provide information from records kept under this subsection in response to a request for information made under s. 49.22 (2m).

AB100, s. 5493 Section 5493. 985.01 (3) of the statutes is amended to read:

AB100,2029,18 985.01 (3) "Municipality" " Local governmental unit" has the meaning in s. 345.05 (1) (c) (bg) and "governing body" the meaning in s. 345.05 (1) (b) with reference to such municipality local governmental unit.

AB100, s. 5494 Section 5494. 985.02 (1) of the statutes is amended to read:

AB100,2029,24 985.02 (1) Except as otherwise provided by law, a legal notice shall be published in a newspaper likely to give notice in the area or to the person affected. Whenever the law requires publication in a newspaper published in a designated municipality local governmental unit or area and no newspaper is published therein publication shall be made in a newspaper likely to give notice.

AB100, s. 5495 Section 5495. 985.02 (2) (intro.) of the statutes is amended to read:

AB100,2030,2 985.02 (2) (intro.) If the governing body of a municipality local governmental unit elects to post under s. 985.05 (1) it shall post in the following manner:

AB100, s. 5496 Section 5496. 985.05 (title) of the statutes is amended to read: