AB100,2021,822
975.10
(1) Any person committed as provided in this chapter may be paroled
23if it appears to the satisfaction of the department of health and family services after
24recommendation by a special review board, appointed by the department, a majority
25of whose members shall not be connected with the department, that the person is
1capable of making an acceptable adjustment in society. Before a person is released
2on parole under this section, the department of health and family services shall so
3notify the municipal police department and county sheriff for the area where the
4person will be residing. The notification requirement does not apply if a municipal
5department or county sheriff submits to the department of health and family services
6a written statement waiving the right to be notified. Probation
, community
7supervision and parole agents of the department of corrections shall supervise
8persons paroled under this section.
AB100, s. 5471
9Section
5471. 976.03 (3) of the statutes is amended to read:
AB100,2021,2510
976.03
(3) Form of demand. No demand for the extradition of a person charged
11with a crime in another state shall be recognized by the governor unless in writing
12alleging, except in cases arising under sub. (6), that the accused was present in the
13demanding state at the time of the commission of the alleged crime, and that
14thereafter the accused fled from the state, and accompanied by a copy of an
15indictment found or by an information supported by affidavit in the state having
16jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there,
17together with a copy of any warrant which was issued thereon; or by a copy of a
18judgment of conviction or of a sentence imposed in execution thereof, together with
19a statement by the executive authority of the demanding state that the person
20claimed has escaped from confinement or has broken the terms of the person's bail,
21probation
, community supervision or parole. The indictment, information or
22affidavit made before the magistrate must substantially charge the person
23demanded with having committed a crime under the law of that state; and the copy
24of indictment, information, affidavit, judgment of conviction or sentence must be
25authenticated by the executive authority making the demand.
AB100, s. 5472
1Section
5472. 976.03 (13) of the statutes is amended to read:
AB100,2022,202
976.03
(13) Arrest prior to requisition. Whenever any person within this
3state shall be charged on the oath of any credible person before any judge of this state
4with the commission of any crime in any other state and, except in cases arising
5under sub. (6), with having fled from justice, or with having been convicted of a crime
6in that state and having escaped from confinement, or having broken the terms of
7his or her bail, probation
, community supervision or parole, or whenever complaint
8shall have been made before any judge in this state setting forth on the affidavit of
9any credible person in another state that a crime has been committed in such other
10state and that the accused has been charged in such state with the commission of the
11crime, and, except in cases arising under sub. (6), has fled from justice, or with having
12been convicted of a crime in that state and having escaped from confinement, or
13having broken the terms of his or her bail, probation
, community supervision or
14parole, and is believed to be in this state, the judge shall issue a warrant directed to
15any peace officer commanding the officer to apprehend the person named therein,
16wherever the person may be found in this state, and to bring the person before the
17same or any other judge or court who or which may be available in or convenient of
18access to the place where the arrest may be made, to answer the charge or complaint
19and affidavit; and a certified copy of the sworn charge or complaint and affidavit upon
20which the warrant is issued shall be attached to the warrant.
AB100, s. 5473
21Section
5473. 976.03 (22) of the statutes is amended to read:
AB100,2023,622
976.03
(22) Fugitives from this state, duty of governor. Whenever the
23governor of this state shall demand a person charged with crime or with escaping
24from confinement or breaking the terms of his or her bail, probation
, community
25supervision or parole in this state from the executive authority of any other state, or
1from the chief justice or an associate justice of the district court of the United States
2for the District of Columbia authorized to receive such demand under the laws of the
3United States, the governor shall issue a warrant under the seal of this state, to some
4agent, commanding the agent to receive the person so charged if delivered to the
5agent and convey the person to the proper officer of the county in this state in which
6the offense was committed.
AB100, s. 5474
7Section
5474. 976.03 (23) (b) of the statutes is amended to read:
AB100,2023,188
976.03
(23) (b) When the return to this state is required of a person who has
9been convicted of a crime in this state and has escaped from confinement or broken
10the terms of his or her bail, probation
, community supervision or parole, the
11prosecuting attorney of the county in which the offense was committed, the secretary
12of corrections, or the warden of the institution or sheriff of the county from which
13escape was made, shall present to the governor a written application for a requisition
14for the return of the person, in which application shall be stated the name of the
15person, the crime of which the person was convicted, the circumstances of escape
16from confinement or of the breach of the terms of bail, probation
, community
17supervision or parole, and the state in which the person is believed to be, including
18the location of the person therein at the time application is made.
AB100, s. 5475
19Section
5475. 976.03 (27) (a) of the statutes is amended to read:
AB100,2024,420
976.03
(27) (a) Any person arrested in this state charged with having
21committed any crime in another state or alleged to have escaped from confinement,
22or broken the terms of his or her bail, probation
, community supervision or parole
23may waive the issuance and service of the warrant provided for in subs. (7) and (8)
24and all other procedure incidental to extradition proceedings, by executing or
25subscribing in the presence of a judge of any court of record within this state a writing
1which states that the person consents to return to the demanding state; however,
2before such waiver shall be executed or subscribed by such person the judge shall
3inform such person of the person's rights to the issuance and service of a warrant of
4extradition and to commence an action for habeas corpus as provided in sub. (10).
AB100, s. 5476
5Section
5476. 976.05 (3) (a) of the statutes is amended to read:
AB100,2024,226
976.05
(3) (a) Whenever a person has entered upon a term of imprisonment in
7a penal or correctional institution of a party state, and whenever during the
8continuance of the term of imprisonment there is pending in any other party state
9any untried indictment, information or complaint on the basis of which a detainer
10has been lodged against the prisoner, the prisoner shall be brought to trial within 180
11days after the prisoner has caused to be delivered to the prosecuting officer and the
12appropriate court of the prosecuting officer's jurisdiction written notice of the place
13of his or her imprisonment and his or her request for a final disposition to be made
14of the indictment, information or complaint, but for good cause shown in open court,
15the prisoner or the prisoner's counsel being present, the court having jurisdiction of
16the matter may grant any necessary or reasonable continuance. The request of the
17prisoner shall be accompanied by a certificate of the appropriate official having
18custody of the prisoner, stating the term of commitment under which the prisoner is
19being held, the time already served, the time remaining to be served on the sentence,
20the amount of good time earned, the time of parole eligibility
or date of release to
21community supervision of the prisoner and any decisions of the department relating
22to the prisoner.
AB100, s. 5477
23Section
5477. 976.05 (4) (b) of the statutes is amended to read:
AB100,2025,824
976.05
(4) (b) Upon receipt of the officer's written request under par. (a), the
25appropriate authorities having the prisoner in custody shall furnish the officer with
1a certificate stating the term of commitment under which the prisoner is being held,
2the time already served, the time remaining to be served on the sentence, the amount
3of good time earned, the time of parole eligibility
or date of release to community
4supervision of the prisoner, and any decisions of the state parole agency relating to
5the prisoner. Said authorities simultaneously shall furnish all other officers and
6appropriate courts in the receiving state who lodged detainers against the prisoner
7with similar certificates and with notices informing them of the request for custody
8or availability and of the reasons therefor.
AB100, s. 5478
9Section
5478. 977.05 (6) (h) (intro.) of the statutes is amended to read:
AB100,2025,1210
977.05
(6) (h) (intro.) The state public defender may not provide legal services
11or assign counsel in parole
or community supervision revocation proceedings unless
12all of the following apply:
AB100, s. 5479
13Section
5479. 977.05 (6) (h) 1. of the statutes is amended to read:
AB100,2025,1514
977.05
(6) (h) 1. The parolee
or person on community supervision is contesting
15the revocation of parole
or community supervision.
AB100, s. 5480
16Section
5480. 977.05 (6) (h) 2. of the statutes is amended to read:
AB100,2025,1917
977.05
(6) (h) 2. The department of corrections seeks to have the parolee
or
18person on community supervision imprisoned upon the revocation of parole
or
19community supervision.
AB100, s. 5481
20Section
5481. 977.06 (4) (bm) of the statutes is created to read:
AB100,2025,2421
977.06
(4) (bm) The state public defender shall provide information from any
22statement, affidavit or other information provided by a person regarding financial
23eligibility under s. 977.07 in response to a request for information made under s.
2449.22 (2m).
AB100, s. 5482
25Section
5482. 977.06 (4) (c) of the statutes is amended to read:
AB100,2026,4
1977.06
(4) (c)
Paragraph
Paragraphs (b)
does and (bm) do not limit the
2authority of the state public defender to release a copy of
the a statement, affidavit
3or other information
regarding financial eligibility under s. 977.07 under other
4circumstances.
AB100, s. 5483
5Section
5483. 977.08 (5) (b) (intro.) of the statutes is amended to read:
AB100,2026,86
977.08
(5) (b) (intro.)
Any Except as provided in par. (bn), any of the following
7constitutes an annual caseload standard for an assistant state public defender in the
8subunit responsible for trials:
AB100, s. 5484
9Section
5484. 977.08 (5) (bn) of the statutes is created to read:
AB100,2026,1310
977.08
(5) (bn) Beginning on the effective date of this paragraph .... [revisor
11inserts date], and ending on June 30, 1999, any of the following constitutes an annual
12caseload standard for an assistant state public defender in the subunit responsible
13for trials:
AB100,2026,1414
1. Felony cases not specified in subd. 1m.: 184.5.
AB100,2026,1515
1m. First-degree intentional homicide cases: 15.
AB100,2026,1616
1r. Cases representing persons under ss. 980.05 and 980.06: 15.
AB100,2026,1717
2. Misdemeanor cases: 492.
AB100,2026,1818
3. Cases not covered under subd. 1., 1m., 1r. or 2.: 246.
AB100, s. 5485
19Section
5485. 978.07 (1) (c) 1. of the statutes is amended to read:
AB100,2027,220
978.07
(1) (c) 1. Any case record of a felony punishable by life imprisonment
21or a related case, after the defendant's parole eligibility date under s. 304.06 (1) or
22973.014
(1) or date of eligibility for release to community supervision under s.
23973.014 (1g) (a) 1. or 2., whichever is applicable, or 50 years after the commencement
24of the action, whichever occurs later. If there is no parole eligibility date
or no date
1for release to community supervision, the district attorney may destroy the case
2record after the defendant's death.
AB100, s. 5486
3Section
5486. 978.13 (1) (b) of the statutes is amended to read:
AB100,2027,124
978.13
(1) (b) In counties having a population of 500,000 or more, the salary
5and fringe benefit costs of 2 clerk positions providing clerical services to the
6prosecutors in the district attorney's office handling cases involving felony violations
7under ch. 961. The state treasurer shall pay the amount authorized under this
8paragraph to the county treasurer pursuant to a voucher submitted by the district
9attorney to the department of administration from the appropriation under s. 20.475
10(1)
(h) (i). The amount paid under this paragraph may not exceed
$65,800 $70,500 11in the
1995-96 1997-98 fiscal year and
$68,100 $73,000 in the
1996-97 1998-99 12fiscal year.
AB100, s. 5487
13Section
5487. 978.13 (1) (c) of the statutes is amended to read:
AB100,2027,2314
978.13
(1) (c) In counties having a population of 500,000 or more, the salary and
15fringe benefit costs of clerk positions in the district attorney's office necessary for the
16prosecution of violent crime cases primarily involving felony violations under s.
17939.63, if a felony is committed while armed, and under ss. 940.01 to 940.03, 940.05,
18940.06, 940.225, 943.23 (1g), (1m) and (1r) and 943.32 (2). The state treasurer shall
19pay the amount authorized under this paragraph to the county treasurer pursuant
20to a voucher submitted by the district attorney to the secretary of administration
21from the appropriation under s. 20.475 (1) (i). The amount paid under this paragraph
22may not exceed
$82,600 $88,500 in the
1995-96 1997-98 fiscal year and
$85,500 23$91,600 in the
1996-97 1998-99 fiscal year.
AB100, s. 5488
24Section
5488. 980.015 (2) (a) of the statutes is amended to read:
AB100,2028,3
1980.015
(2) (a) The anticipated discharge from a sentence, anticipated release
2on parole
or community supervision or anticipated release from imprisonment of a
3person who has been convicted of a sexually violent offense.
AB100, s. 5489
4Section
5489. 980.02 (1) (b) 2. of the statutes is amended to read:
AB100,2028,95
980.02
(1) (b) 2. The county in which the person will reside or be placed upon
6his or her discharge from a sentence, release on parole
or community supervision,
7release from imprisonment, from a secured correctional facility, as defined in s.
8938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or
9from a commitment order.
AB100, s. 5490
10Section
5490. 980.02 (2) (ag) of the statutes is amended to read:
AB100,2028,1711
980.02
(2) (ag) The person is within 90 days of discharge or release, on parole
,
12community supervision or otherwise, from a sentence that was imposed for a
13conviction for a sexually violent offense, from a secured correctional facility, as
14defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02
15(15g), if the person was placed in the facility for being adjudicated delinquent under
16s. 938.34 on the basis of a sexually violent offense or from a commitment order that
17was entered as a result of a sexually violent offense.
AB100, s. 5491
18Section
5491. 980.02 (4) (am) of the statutes is amended to read:
AB100,2028,2319
980.02
(4) (am) The circuit court for the county in which the person will reside
20or be placed upon his or her discharge from a sentence, release on parole
or
21community supervision, release from imprisonment, from a secured correctional
22facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined
23in s. 938.02 (15g), or from a commitment order.
AB100,2029,14
1980.11
(4) The department shall design and prepare cards for persons specified
2in sub. (2) (am) to send to the department. The cards shall have space for these
3persons to provide their names and addresses, the name of the person committed
4under this chapter and any other information the department determines is
5necessary. The department shall provide the cards, without charge, to the
6department of justice and district attorneys. The department of justice and district
7attorneys shall provide the cards, without charge, to persons specified in sub. (2)
8(am). These persons may send completed cards to the department of health and
9family services. All records or portions of records of the department of health and
10family services that relate to mailing addresses of these persons are not subject to
11inspection or copying under s. 19.35 (1), except as needed to comply with a request
12by the department of corrections under s. 301.46 (3) (d)
and except that the
13department shall provide information from records kept under this subsection in
14response to a request for information made under s. 49.22 (2m).
AB100, s. 5493
15Section
5493. 985.01 (3) of the statutes is amended to read:
AB100,2029,1816
985.01
(3) "Municipality" "
Local governmental unit" has the meaning in s.
17345.05 (1)
(c) (bg) and "governing body" the meaning in s. 345.05 (1) (b) with reference
18to such
municipality local governmental unit.
AB100, s. 5494
19Section
5494. 985.02 (1) of the statutes is amended to read:
AB100,2029,2420
985.02
(1) Except as otherwise provided by law, a legal notice shall be published
21in a newspaper likely to give notice in the area or to the person affected. Whenever
22the law requires publication in a newspaper published in a designated
municipality 23local governmental unit or area and no newspaper is published therein publication
24shall be made in a newspaper likely to give notice.
AB100, s. 5495
25Section
5495. 985.02 (2) (intro.) of the statutes is amended to read:
AB100,2030,2
1985.02
(2) (intro.) If the governing body of a
municipality local governmental
2unit elects to post under s. 985.05 (1) it shall post in the following manner:
AB100, s. 5496
3Section
5496. 985.05 (title) of the statutes is amended to read:
AB100,2030,4
4985.05 (title)
Official municipal local newspapers.
AB100, s. 5497
5Section
5497. 985.05 (1) of the statutes is amended to read:
AB100,2030,216
985.05
(1) The governing body of every
municipality local governmental unit 7not required to have an official newspaper may designate a newspaper published or
8having general circulation in the
municipality local governmental unit and eligible
9under s. 985.03 as its official newspaper or utilize the same for specific notices. The
10governing body of such
municipality local governmental unit may, in lieu of
11newspaper publication, direct other form of publication or posting under s. 985.02
12(2). Other publication or posting, however, shall not be substituted for newspaper
13publication in proceedings relating to: tax redemptions or sales of land acquired by
14the county or city authorized to act under s. 74.87 for delinquent taxes, charges or
15assessments; civil annexations, detachments, consolidations or incorporations
16under chs. 59 to 66; or legal notices directed to specific individuals. Posting may not
17be substituted for publication in school board elections conducted under s. 120.06 or
18publication under s. 60.80 (2) of town ordinances imposing forfeitures. If an eligible
19newspaper is published in the
municipality local governmental unit, other
20publication or posting shall not be substituted for newspaper publication under s.
2161.32 or 61.50.
AB100, s. 5498
22Section
5498. 985.05 (2) of the statutes is amended to read:
AB100,2031,223
985.05
(2) When any
municipality
local governmental unit has designated an
24official newspaper, all legal notices published in a newspaper by such
municipality
1local governmental unit shall be published in such newspaper unless otherwise
2specifically required by law.
AB100, s. 5499
3Section
5499. 992.21 of the statutes is created to read:
AB100,2031,8
4992.21 Actions by division of savings and loan validated. Any action
5taken by the division of savings and loan between July 1, 1996, and the effective date
6of this section .... [revisor inserts date], under the name of the division of savings
7institutions has the same force and effect in all respects as if the action had been
8taken under the name of the division of savings and loan.
AB100,2032,211
[Laws of 1937, chapter 201] Section 11.
All Except as provided in section 49.852
12of the statutes, as created by 1997 Wisconsin Act .... (this act), and subject to section
13767.265 of the statutes, all moneys and assets of the retirement system and all
14benefits and allowances, and every portion thereof, both before and after payment
15to any beneficiary, granted under the retirement system shall be exempt from any
16state, county or municipal tax, and from attachment or garnishment process, and
17shall not be seized, taken, detained or levied upon by virtue of any executions, or any
18process or proceeding whatsoever issued out of or by any court of this state, for the
19payment and ratification in whole or in part of any debt, claim, damage, demand or
20judgment against any member of or beneficiary under the retirement system, and no
21member of or beneficiary under the retirement system shall have any right to assign
22his benefit or allowance, or any part thereof, either by way of mortgage or otherwise,
23provided, however, that the annuity and pension board may at its option and under
24rules and regulations promulgated by it permit retired members to assign a portion
25of their retirement allowance for the regular monthly payment of medical, surgical
1and hospital care. The exemption from taxation contained herein shall not apply
2with respect to any tax on income.
AB100, s. 5501
3Section
5501. Laws of 1937, chapter 201, section 21b is created to read:
AB100,2032,64
[Laws of 1937, chapter 201] Section 21b. Notwithstanding
Section 21, no
5county may enact an ordinance that prevents a retirement system from complying
6with section 49.852 of the statutes, as created by 1997 Wisconsin Act .... (this act).
AB100,2032,20
946.705 Contract with Red Cliff Band of Lake Superior Chippewas. (1) 10The department
of health and social services shall
establish administer a pilot
11project under which the Red Cliff Band of Lake Superior Chippewas may directly
12negotiate a contract with the department
of health and social services to provide
13certain social services for tribal members who reside within the boundaries of the
14reservation of the Red Cliff Band of Lake Superior Chippewas. Specific programs,
15services and funding levels that are to be provided under the project shall be
16determined by negotiations between the department of
health and social services 17and the Red Cliff Band of Lake Superior Chippewas and shall be specified in the
18contract. As a condition of the contract, the Red Cliff Band of Lake Superior
19Chippewas shall contract for performance of an independent evaluation of the
20project.
AB100,2032,21
21(2) This section does not apply after June 30, 1999.
AB100,2032,25
2585.105 (title)
Department
Sale of motor vehicle records.
AB100,2033,11
385.105 Notwithstanding
section s. 343.24 (2m)
of the statutes, as affected by
4this act, the department
of transportation may contract with a person to periodically
5furnish that person with any records on computer tape or other electronic media that
6contain information from files of motor vehicle accidents or uniform traffic citations
7and which were produced for or developed by the department for purposes related
8to maintenance of the operating record file data base. The department and the
9person desiring to contract with the department shall make a good faith effort to
10negotiate the purchase price for the records to be provided
under this paragraph. No
11record may be furnished under this
subsection after June 30, 1997 section.
AB100,2034,1215[
1995 Wisconsin Act 289] Section 275 (6) K
INSHIP CARE ASSESSMENTS AND
16BACKGROUND INVESTIGATIONS. Beginning on July 1, 1996, each county department of
17human services or social services under sections 46.215, 46.22 and 46.23 of the
18statutes, when conducting its regularly scheduled reinvestigation under section
1949.19 (5) (e) of the statutes of each nonlegally responsible relative who is providing
20care for a dependent child, as defined in section 49.19 (1) (a) of the statutes, under
21a program administered by that county department, shall assess and conduct a
22background investigation of the relative to determine if the relative is eligible to
23receive kinship care payments under section 48.57 (3m) (am) of the statutes, as
24created by this act. Immediately after conducting the assessment and background
25investigation, each county department of human services or social services under
1section 46.215, 46.22 and 46.23 of the statutes shall end income maintenance
2payments under section 49.33 of the statutes to the nonlegally responsible relative
3and, if the relative is determined to be eligible to receive kinship care payments
4under section 48.57 (3m) (am) of the statutes, as created by this act, the department
5of
industry, labor and job development health and family services shall begin making
6those kinship care payments or, if the relative is determined eligible to receive foster
7care payments under section 48.62 (4) of the statutes, the county department shall
8begin making those foster care payments. Each county department of human
9services or social services under sections 46.215, 46.22 and 46.23 shall complete all
10of the assessments and background investigations required under this subsection
11and shall end all income maintenance payments under section 49.33 of the statutes
12to those relatives by
July 1, 1997 December 31, 1997.
AB100,2034,2114[
1995 Wisconsin Act 351] Section 41 (1)
Reconciliation. Cellular mobile radio
15telecommunications utilities Persons that provide commercial mobile service and
16telephone companies that provide basic local exchange service shall reconcile their
17first payments under subchapter V of chapter 76 of the statutes, as created by this
18act, to reflect their overpayment or under payment of their final instalment of gross
19receipts taxes. All other telephone companies shall reconcile their first payments
20under subchapter IV of chapter 76 of the statutes, as created by this act, to reflect
21their overpayment or underpayment of their final instalment of gross receipts taxes.
AB100,2035,224[
1995 Wisconsin Act 445] Section 23 (1) The repeal of sections 14.26 (4m) and
2520.395 (5) (qr) of the statutes and the amendment of sections 341.14 (6r)
(bm) 1. (by
1Section 14), (c) (by
Section 16) and (e) (by
Section 18) and 341.16 (1) (b) (by
Section 222) of the statutes take effect on January 1, 1999.
AB100, s. 9101
3Section 9101.
Nonstatutory provisions; administration.
AB100,2035,4
4(1)
Transfer of land information functions.
AB100,2035,75
(a)
Employe transfers. All incumbent employes holding positions with the land
6information board are transferred on the effective date of this paragraph to the
7department of administration.
AB100,2035,138
(b)
Employe status. Employes transferred under paragraph (a
) have all the
9rights and the same status under subchapter V of chapter 111 and chapter 230 of the
10statutes in the department of administration that they enjoyed with the land
11information board immediately before the transfer. Notwithstanding section 230.28
12(4) of the statutes, no employe so transferred who has attained permanent status in
13class is required to serve a probationary period.
AB100,2035,1914
(c)
Rules and orders. All rules promulgated by the land information board that
15are in effect on the effective date of this paragraph remain in effect until their
16specified expiration date or until amended or repealed by the department of
17administration. All orders issued by the land information board that are in effect on
18the effective date of this paragraph remain in effect until their specified expiration
19date or until modified or rescinded by the department of administration.