AB100: Bill Text

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:

AB100,2030,4 985.05 (title) Official municipal local newspapers.

AB100, s. 5497 Section 5497. 985.05 (1) of the statutes is amended to read:

AB100,2030,21 985.05 (1) The governing body of every municipality local governmental unit not required to have an official newspaper may designate a newspaper published or having general circulation in the municipality local governmental unit and eligible under s. 985.03 as its official newspaper or utilize the same for specific notices. The governing body of such municipality local governmental unit may, in lieu of newspaper publication, direct other form of publication or posting under s. 985.02 (2). Other publication or posting, however, shall not be substituted for newspaper publication in proceedings relating to: tax redemptions or sales of land acquired by the county or city authorized to act under s. 74.87 for delinquent taxes, charges or assessments; civil annexations, detachments, consolidations or incorporations under chs. 59 to 66; or legal notices directed to specific individuals. Posting may not be substituted for publication in school board elections conducted under s. 120.06 or publication under s. 60.80 (2) of town ordinances imposing forfeitures. If an eligible newspaper is published in the municipality local governmental unit, other publication or posting shall not be substituted for newspaper publication under s. 61.32 or 61.50.

AB100, s. 5498 Section 5498. 985.05 (2) of the statutes is amended to read:

AB100,2031,2 985.05 (2) When any municipality local governmental unit has designated an official newspaper, all legal notices published in a newspaper by such municipality local governmental unit shall be published in such newspaper unless otherwise specifically required by law.

AB100, s. 5499 Section 5499. 992.21 of the statutes is created to read:

AB100,2031,8 992.21 Actions by division of savings and loan validated. Any action taken by the division of savings and loan between July 1, 1996, and the effective date of this section .... [revisor inserts date], under the name of the division of savings institutions has the same force and effect in all respects as if the action had been taken under the name of the division of savings and loan.

AB100, s. 5500 Section 5500. Laws of 1937, chapter 201, section 11, as last amended by chapter 267, laws of 1963, is amended to read:

AB100,2032,2 [Laws of 1937, chapter 201] Section 11. All Except as provided in section 49.852 of the statutes, as created by 1997 Wisconsin Act .... (this act), and subject to section 767.265 of the statutes, all moneys and assets of the retirement system and all benefits and allowances, and every portion thereof, both before and after payment to any beneficiary, granted under the retirement system shall be exempt from any state, county or municipal tax, and from attachment or garnishment process, and shall not be seized, taken, detained or levied upon by virtue of any executions, or any process or proceeding whatsoever issued out of or by any court of this state, for the payment and ratification in whole or in part of any debt, claim, damage, demand or judgment against any member of or beneficiary under the retirement system, and no member of or beneficiary under the retirement system shall have any right to assign his benefit or allowance, or any part thereof, either by way of mortgage or otherwise, provided, however, that the annuity and pension board may at its option and under rules and regulations promulgated by it permit retired members to assign a portion of their retirement allowance for the regular monthly payment of medical, surgical and hospital care. The exemption from taxation contained herein shall not apply with respect to any tax on income.

AB100, s. 5501 Section 5501. Laws of 1937, chapter 201, section 21b is created to read:

AB100,2032,6 [Laws of 1937, chapter 201] Section 21b. Notwithstanding Section 21, no county may enact an ordinance that prevents a retirement system from complying with section 49.852 of the statutes, as created by 1997 Wisconsin Act .... (this act).

AB100, s. 5502 Section 5502. 1995 Wisconsin Act 27, section 9126 (26j) (a) is renumbered 46.705 of the statutes and amended to read:

AB100,2032,20 46.705 Contract with Red Cliff Band of Lake Superior Chippewas. (1) The department of health and social services shall establish administer a pilot project under which the Red Cliff Band of Lake Superior Chippewas may directly negotiate a contract with the department of health and social services to provide certain social services for tribal members who reside within the boundaries of the reservation of the Red Cliff Band of Lake Superior Chippewas. Specific programs, services and funding levels that are to be provided under the project shall be determined by negotiations between the department of health and social services and the Red Cliff Band of Lake Superior Chippewas and shall be specified in the contract. As a condition of the contract, the Red Cliff Band of Lake Superior Chippewas shall contract for performance of an independent evaluation of the project.

AB100,2032,21 (2) This section does not apply after June 30, 1999.

AB100, s. 5503 Section 5503. 1995 Wisconsin Act 27, section 9126 (26j) (b) is repealed.

AB100, s. 5504 Section 5504. 1995 Wisconsin Act 113, section 9155 (4m) (title) is renumbered 85.105 (title) of the statutes and amended to read:

AB100,2032,25 85.105 (title) Department Sale of motor vehicle records.

AB100, s. 5505 Section 5505. 1995 Wisconsin Act 113, section 9155 (4m) (a) is renumbered 85.105 of the statutes and amended to read:

AB100,2033,11 85.105 Notwithstanding section s. 343.24 (2m) of the statutes, as affected by this act, the department of transportation may contract with a person to periodically furnish that person with any records on computer tape or other electronic media that contain information from files of motor vehicle accidents or uniform traffic citations and which were produced for or developed by the department for purposes related to maintenance of the operating record file data base. The department and the person desiring to contract with the department shall make a good faith effort to negotiate the purchase price for the records to be provided under this paragraph. No record may be furnished under this subsection after June 30, 1997 section.

AB100, s. 5506 Section 5506. 1995 Wisconsin Act 113, section 9155 (4m) (b), (c) and (d) are repealed.

AB100, s. 5507 Section 5507. 1995 Wisconsin Act 289, section 275 (6) is amended to read:

AB100,2034,12 [1995 Wisconsin Act 289] Section 275 (6) KINSHIP CARE ASSESSMENTS AND BACKGROUND INVESTIGATIONS. Beginning on July 1, 1996, each county department of human services or social services under sections 46.215, 46.22 and 46.23 of the statutes, when conducting its regularly scheduled reinvestigation under section 49.19 (5) (e) of the statutes of each nonlegally responsible relative who is providing care for a dependent child, as defined in section 49.19 (1) (a) of the statutes, under a program administered by that county department, shall assess and conduct a background investigation of the relative to determine if the relative is eligible to receive kinship care payments under section 48.57 (3m) (am) of the statutes, as created by this act. Immediately after conducting the assessment and background investigation, each county department of human services or social services under section 46.215, 46.22 and 46.23 of the statutes shall end income maintenance payments under section 49.33 of the statutes to the nonlegally responsible relative and, if the relative is determined to be eligible to receive kinship care payments under section 48.57 (3m) (am) of the statutes, as created by this act, the department of industry, labor and job development health and family services shall begin making those kinship care payments or, if the relative is determined eligible to receive foster care payments under section 48.62 (4) of the statutes, the county department shall begin making those foster care payments. Each county department of human services or social services under sections 46.215, 46.22 and 46.23 shall complete all of the assessments and background investigations required under this subsection and shall end all income maintenance payments under section 49.33 of the statutes to those relatives by July 1, 1997 December 31, 1997.

AB100, s. 5508 Section 5508. 1995 Wisconsin Act 351, section 41 (1) is amended to read:

AB100,2034,21 [1995 Wisconsin Act 351] Section 41 (1) Reconciliation. Cellular mobile radio telecommunications utilities Persons that provide commercial mobile service and telephone companies that provide basic local exchange service shall reconcile their first payments under subchapter V of chapter 76 of the statutes, as created by this act, to reflect their overpayment or under payment of their final instalment of gross receipts taxes. All other telephone companies shall reconcile their first payments under subchapter IV of chapter 76 of the statutes, as created by this act, to reflect their overpayment or underpayment of their final instalment of gross receipts taxes.

AB100, s. 5509 Section 5509. 1995 Wisconsin Act 445, section 14 is repealed.

AB100, s. 5510 Section 5510. 1995 Wisconsin Act 445, section 23 (1) is amended to read:

AB100,2035,2 [1995 Wisconsin Act 445] Section 23 (1) The repeal of sections 14.26 (4m) and 20.395 (5) (qr) of the statutes and the amendment of sections 341.14 (6r) (bm) 1. (by Section 14), (c) (by Section 16) and (e) (by Section 18) and 341.16 (1) (b) (by Section 22) of the statutes take effect on January 1, 1999.

AB100, s. 9101 Section 9101. Nonstatutory provisions; administration.

AB100,2035,4 (1) Transfer of land information functions.

AB100,2035,7 (a) Employe transfers. All incumbent employes holding positions with the land information board are transferred on the effective date of this paragraph to the department of administration.

AB100,2035,13 (b) Employe status. Employes transferred under paragraph (a ) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of administration that they enjoyed with the land information board immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.