AB133-SSA1,1446,1918
977.08
(5) (bn) 1r. Cases representing persons under
ss. s. 980.05
and 980.06:
1915.
AB133-SSA1,1446,2421
977.08
(5) (br) Beginning on July 1, 2000, the state public defender may exempt
22up to 10 full-time assistant state public defenders in the subunit responsible for
23trials from the annual caseload standards under par. (bn) based on their need to
24perform other assigned duties.
AB133-SSA1,1447,3
1978.01
(2) (b) A district attorney serves on a part-time basis if his or her
2prosecutorial unit consists of Buffalo, Florence, Forest, Pepin,
Richland, Rusk, 3Trempealeau or Vernon county.
AB133-SSA1,1447,105
978.03
(3) Any assistant district attorney under sub. (1), (1m) or (2) must be
6an attorney admitted to practice law in this state and
, except as provided in s.
7978.043, may perform any duty required by law to be performed by the district
8attorney. The district attorney of the prosecutorial unit under sub. (1), (1m) or (2)
9may appoint such temporary counsel as may be authorized by the department of
10administration.
AB133-SSA1,1447,18
12978.04 Assistants in certain prosecutorial units. The district attorney of
13any prosecutorial unit having a population of less than 100,000 may appoint one or
14more assistant district attorneys as necessary to carry out the duties of his or her
15office and as may be requested by the department of administration authorized in
16accordance with s. 16.505. Any such assistant district attorney must be an attorney
17admitted to practice law in this state and
, except as provided in s. 978.043, may
18perform any duty required by law to be performed by the district attorney.
AB133-SSA1,1448,3
20978.042 Prosecutor caseload measurement; redistribution of assistant
21district attorney positions. (1) The department of administration shall develop
22a weighted prosecutor caseload measurement formula to assist in determining the
23comparative need for assistant district attorneys in this state. The formula shall be
24based on the number of cases filed in a given year and the time needed to prosecute
25the cases, as applied to the average number of cases filed by a prosecutorial unit
1during the most recent 3-year period for which data is available. The department
2may consult with the Wisconsin District Attorneys Association in developing the
3formula.
AB133-SSA1,1448,7
4(2) Notwithstanding s. 978.03 and 978.04, the department of administration
5shall transfer an authorized assistant district attorney position from the
6prosecutorial unit to which it is allocated to another prosecutorial unit if all of the
7following apply:
AB133-SSA1,1448,88
(a) A vacancy occurs in the position.
AB133-SSA1,1448,159
(b) The prosecutorial unit from which the position is transferred has a
10prosecutor workload of less than 100% of the standard full-time workload, according
11to the weighted prosecutor caseload measurement formula developed under sub. (1),
12and transferring the position from the prosecutorial unit would not result in the
13prosecutorial unit having a prosecutor workload of more than 100% of the standard
14full-time workload, according to the weighted prosecutor caseload measurement
15formula developed under sub. (1).
AB133-SSA1,1448,2016
(c) The prosecutorial unit to which the position is transferred requested
17additional assistant district attorney position authorization for the fiscal biennium
18in which the transfer is made and has a prosecutor workload of more than 100% of
19the standard full-time workload, according to the weighted prosecutor caseload
20measurement formula developed under sub. (1).
AB133-SSA1,1449,6
22978.043 Assistants for prosecution of sexually violent person
23commitment cases. The district attorney of the prosecutorial unit that consists of
24Brown County and the district attorney of the prosecutorial unit that consists of
25Milwaukee County shall each assign one assistant district attorney in his or her
1prosecutorial unit to be a sexually violent person commitment prosecutor. An
2assistant district attorney assigned under this section to be a sexually violent person
3commitment prosecutor may engage only in the prosecution of sexually violent
4person commitment proceedings under ch. 980 and, at the request of the district
5attorney of the prosecutorial unit, may file and prosecute sexually violent person
6commitment proceedings under ch. 980 in any prosecutorial unit in this state.
AB133-SSA1,1449,178
978.05
(8) (b) Hire, employ and supervise his or her staff and
, subject to s.
9978.043, make appropriate assignments of the staff throughout the prosecutorial
10unit. The district attorney may request the assistance of district attorneys, deputy
11district attorneys or assistant district attorneys from other prosecutorial units or
12assistant attorneys general who then may appear and assist in the investigation and
13prosecution of any matter for which a district attorney is responsible under this
14chapter in like manner as assistants in the prosecutorial unit and with the same
15authority as the district attorney in the unit in which the action is brought. Nothing
16in this paragraph limits the authority of counties to regulate the hiring, employment
17and supervision of county employes.
AB133-SSA1,1449,2419
978.12
(5) (b)
Employes generally. District attorneys and state employes of the
20office of district attorney shall be included within the provisions of the Wisconsin
21retirement system under ch. 40 as a participating employe of that office, except that
22the district attorney and state employes of the office of district attorney in a county
23having a population of 500,000 or more have the option provided under
par. (c) s.
24978.12 (5) (c), 1997 stats.
AB133-SSA1, s. 3211t
1Section 3211t. 978.12 (6) of the statutes is renumbered 978.12 (6) (a) and
2amended to read:
AB133-SSA1,1451,193
978.12
(6) (a) District attorneys and state employes of the office of district
4attorney shall be included within all insurance benefit plans under ch. 40, except as
5authorized in this
subsection paragraph. Alternatively, the state shall provide
6insurance benefit plans for district attorneys and state employes in the office of
7district attorney in the manner provided in this
subsection paragraph. A district
8attorney or other employe of the office of district attorney who was employed in that
9office as a county employe on December 31, 1989, and who received any form of fringe
10benefits other than a retirement, deferred compensation or employe-funded
11reimbursement account plan as a county employe, as defined by that county
12pursuant to the county's personnel policies, or pursuant to a collective bargaining
13agreement in effect on January 1, 1990, or the most recent collective bargaining
14agreement covering represented employes who are not covered by such an
15agreement, may elect to continue to be covered under all such fringe benefit plans
16provided by the county after becoming a state employe. In a county having a
17population of 500,000 or more, the fringe benefit plans shall include health insurance
18benefits fully paid by the county for each retired employe who, on or after December
1931, 1989, attains at least 15 years of service in the office of district attorney of that
20county, whether or not the service is as a county employe, for the duration of the
21employe's life. An employe may make an election under this
subsection paragraph 22no later than January 31, 1990, except that an employe who serves as an assistant
23district attorney in a county having a population of 500,000 or more may make an
24election under this
subsection paragraph no later than March 1, 1990. An election
25under this
subsection paragraph shall be for the duration of the employe's
1employment in the office of district attorney for the same county by which the
2employe was employed or until the employe terminates the election under this
3subsection paragraph, at the same cost to the county as the county incurs for a
4similarly situated county employe.
If Subject to par. (b), if the employer's cost for
5such fringe benefits for any such employe is less than or equal to the cost for
6comparable coverage under ch. 40, if any, the state shall reimburse the county for
7that cost.
If Subject to par. (b), if the employer's cost for such fringe benefits for any
8such employe is greater than the cost for comparable coverage under ch. 40, the state
9shall reimburse the county for the cost of comparable coverage under ch. 40 and the
10county shall pay the remainder of the cost. The cost of comparable coverage under
11ch. 40 shall equal the average cost of comparable coverage under ch. 40 for employes
12in the office of the state public defender, as contained in budget determinations
13approved by the joint committee on finance or the legislature under the biennial
14budget act for the period during which the costs are incurred. An employe who makes
15the election under this
subsection paragraph may terminate that election, and shall
16then be included within all insurance benefit plans under ch. 40, except that the
17department of employe trust funds may require prior written notice, not exceeding
18one year's duration, of an employe's intent to be included under any insurance benefit
19plan under ch. 40.
AB133-SSA1,1451,2321
978.12
(6) (b) Beginning in the 1999-2000 fiscal year and ending in the
222003-04 fiscal year, the state shall in each fiscal year reduce its reimbursement of
23the employer's cost for fringe benefits under par. (a) by $80,000.
AB133-SSA1,1452,9
1978.13
(1) (b) In counties having a population of 500,000 or more, the salary
2and fringe benefit costs of 2 clerk positions providing clerical services to the
3prosecutors in the district attorney's office handling cases involving felony violations
4under ch. 961. The state treasurer shall pay the amount authorized under this
5paragraph to the county treasurer pursuant to a voucher submitted by the district
6attorney to the department of administration from the appropriation under s. 20.475
7(1) (i). The amount paid under this paragraph may not exceed
$70,500 $75,200 in
8the
1997-98 1999-2000 fiscal year and
$73,000 $77,500 in the
1998-99 2000-01 9fiscal year.
AB133-SSA1,1452,2011
978.13
(1) (c) In counties having a population of 500,000 or more, the salary and
12fringe benefit costs of clerk positions in the district attorney's office necessary for the
13prosecution of violent crime cases primarily involving felony violations under s.
14939.63, if a felony is committed while armed, and under ss. 940.01 to 940.03, 940.05,
15940.06, 940.225, 943.23 (1g), (1m) and (1r) and 943.32 (2). The state treasurer shall
16pay the amount authorized under this paragraph to the county treasurer pursuant
17to a voucher submitted by the district attorney to the secretary of administration
18from the appropriation under s. 20.475 (1) (i). The amount paid under this paragraph
19may not exceed
$88,500 $94,400 in the
1997-98 1999-2000 fiscal year and
$91,600 20$97,200 in the
1998-99 2000-01 fiscal year.
AB133-SSA1,1453,422
978.13
(1) (d) In counties having a population of 500,000 or more, the salary
23and fringe benefit costs of 2 clerk positions providing clerical services to the
24prosecutors in the district attorney's office handling cases involving the unlawful
25possession or use of firearms. The state treasurer shall pay the amount authorized
1under this paragraph to the county treasurer from the appropriation under s. 20.475
2(1) (f) pursuant to a voucher submitted by the district attorney to the department of
3administration. The amount paid under this paragraph may not exceed $51,300 in
4the 1999-2000 fiscal year and $64,400 in the 2000-01 fiscal year.
AB133-SSA1,1453,226
980.03
(4) Whenever
the a person who is the subject of
the a petition
filed under
7s. 980.02 or who has been committed under s. 980.06 is required to submit to an
8examination under this chapter, he or she may retain experts or professional persons
9to perform an examination. If the person retains a qualified expert or professional
10person of his or her own choice to conduct an examination, the examiner shall have
11reasonable access to the person for the purpose of the examination, as well as to the
12person's past and present treatment records, as defined in s. 51.30 (1) (b), and patient
13health care records as provided under s. 146.82 (2) (c). If the person is indigent, the
14court shall, upon the person's request, appoint a qualified and available expert or
15professional person to perform an examination and participate in the trial
or other
16proceeding on the person's behalf. Upon the order of the circuit court, the county
17shall pay, as part of the costs of the action, the costs of
a court-appointed an expert
18or professional person
appointed by a court under this subsection to perform an
19examination and participate in the trial
or other proceeding on behalf of an indigent
20person. An expert or professional person appointed to assist an indigent person who
21is subject to a petition may not be subject to any order by the court for the
22sequestration of witnesses at any proceeding under this chapter.
AB133-SSA1, s. 3223h
24Section 3223h. 980.06 (1) of the statutes is renumbered 980.06 and amended
25to read:
AB133-SSA1,1454,6
1980.06 Commitment. If a court or jury determines that the person who is the
2subject of a petition under s. 980.02 is a sexually violent person, the court shall order
3the person to be committed to the custody of the department for control, care and
4treatment until such time as the person is no longer a sexually violent person.
A
5commitment order under this section shall specify that the person be placed in
6institutional care.
AB133-SSA1, s. 3223L
10Section 3223L. 980.06 (2) (d) of the statutes is renumbered 980.08 (6m) and
11amended to read:
AB133-SSA1,1455,1612
980.08
(6m) An order for supervised release places the person in the custody
13and control of the department.
The department shall arrange for control, care and
14treatment of the person in the least restrictive manner consistent with the
15requirements of the person and in accordance with the plan for supervised release
16approved by the court under sub. (5). A person on supervised release is subject to the
17conditions set by the court and to the rules of the department. Before a person is
18placed on supervised release by the court under this section, the court shall so notify
19the municipal police department and county sheriff for the municipality and county
20in which the person will be residing. The notification requirement under this
21paragraph subsection does not apply if a municipal police department or county
22sheriff submits to the court a written statement waiving the right to be notified. If
23the department alleges that a released person has violated any condition or rule, or
24that the safety of others requires that supervised release be revoked, he or she may
25be taken into custody under the rules of the department. The department shall
1submit a statement showing probable cause of the detention and a petition to revoke
2the order for supervised release to the committing court and the regional office of the
3state public defender responsible for handling cases in the county where the
4committing court is located within
48 72 hours after the detention
, excluding
5Saturdays, Sundays and legal holidays. The court shall hear the petition within 30
6days, unless the hearing or time deadline is waived by the detained person. Pending
7the revocation hearing, the department may detain the person in a jail or in a
8hospital, center or facility specified by s. 51.15 (2). The state has the burden of
9proving by clear and convincing evidence that any rule or condition of release has
10been violated, or that the safety of others requires that supervised release be
11revoked. If the court determines after hearing that any rule or condition of release
12has been violated, or that the safety of others requires that supervised release be
13revoked, it may revoke the order for supervised release and order that the released
14person be placed in an appropriate institution until the person is discharged from the
15commitment under s. 980.09 or until again placed on supervised release under
s.
16980.08 this section.
AB133-SSA1,1455,2218
980.065
(1m) The department
may shall place a person committed
to
19institutional care under s. 980.06
(2) (b) at
a mental health unit or facility, including
20a the secure mental health
unit or facility
at established under s. 46.055, the
21Wisconsin resource center established under s. 46.056 or a secure mental health unit
22or facility provided by the department of corrections under sub. (2).
AB133-SSA1,1456,524
980.065
(2) The department may contract with the department of corrections
25for the provision of a secure mental health unit or facility for persons committed
to
1institutional care under s. 980.06
(2) (b). The department shall operate a secure
2mental health unit or facility provided by the department of corrections under this
3subsection and shall promulgate rules governing the custody and discipline of
4persons placed by the department in the secure mental health unit or facility
5provided by the department of corrections under this subsection.
AB133-SSA1,1456,177
980.07
(1) If a person has been committed under s. 980.06 and has not been
8discharged under s. 980.09, the department shall conduct an examination of his or
9her mental condition within 6 months after an initial commitment under s. 980.06
10and again thereafter at least once each 12 months for the purpose of determining
11whether the person has made sufficient progress
to be entitled to transfer to a less
12restrictive facility, to for the court to consider whether the person should be placed
13on supervised release or
to discharge discharged. At the time of a reexamination
14under this section, the person who has been committed may retain or
, if he or she is
15indigent and so requests, seek to have the court
may appoint
a qualified expert or a
16professional person to examine him or her an examiner as provided under s. 980.03
17(4).
AB133-SSA1,1456,2519
980.08
(1) Any person who is committed
to institutional care under s. 980.06
20may petition the committing court to modify its order by authorizing supervised
21release if at least
6 18 months have elapsed since the initial commitment order was
22entered
, or at least 6 months have elapsed since the most recent release petition was
23denied or the most recent order for supervised release was revoked. The director of
24the facility at which the person is placed may file a petition under this subsection on
25the person's behalf at any time.
AB133-SSA1,1457,132
980.08
(3) Within 20 days after receipt of the petition, the court shall appoint
3one or more examiners having the specialized knowledge determined by the court to
4be appropriate, who shall examine the person and furnish a written report of the
5examination to the court within 30 days after appointment. The examiners shall
6have reasonable access to the person for purposes of examination and to the person's
7past and present treatment records, as defined in s. 51.30 (1) (b), and patient health
8care records, as provided under s. 146.82 (2) (c). If any such examiner believes that
9the person is appropriate for supervised release
under the criterion specified in sub.
10(4), the examiner shall report on the type of treatment and services that the person
11may need while in the community on supervised release.
The county shall pay the
12costs of an examiner appointed under this subsection as provided under s. 51.20 (18)
13(a).
AB133-SSA1,1458,1015
980.08
(4) The court, without a jury, shall hear the petition within 30 days after
16the report of the court-appointed examiner is filed with the court, unless the
17petitioner waives this time limit. Expenses of proceedings under this subsection
18shall be paid as provided under s. 51.20 (18)
(b), (c) and (d). The court shall grant the
19petition unless the state proves by clear and convincing evidence that the person is
20still a sexually violent person and that it is still substantially probable that the
21person will engage in acts of sexual violence if the person is not continued in
22institutional care. In making a decision under this subsection, the court may
23consider, without limitation because of enumeration, the nature and circumstances
24of the behavior that was the basis of the allegation in the petition under s. 980.02 (2)
25(a), the person's mental history and present mental condition, where the person will
1live, how the person will support himself or herself and what arrangements are
2available to ensure that the person has access to and will participate in necessary
3treatment, including pharmacological treatment using an antiandrogen or the
4chemical equivalent of an antiandrogen if the person is a serious child sex offender.
5A decision under this subsection on a petition filed by a person who is a serious child
6sex offender may not be made based on the fact that the person is a proper subject
7for pharmacological treatment using an antiandrogen or the chemical equivalent of
8an antiandrogen or on the fact that the person is willing to participate in
9pharmacological treatment using an antiandrogen or the chemical equivalent of an
10antiandrogen.
AB133-SSA1,1458,1813
980.09
(1) (c) If the court is satisfied that the state has not met its burden of
14proof under par. (b), the petitioner shall be discharged from the custody or
15supervision of the department. If the court is satisfied that the state has met its
16burden of proof under par. (b), the court may proceed
under s. 980.06 to determine
,
17using the criterion specified in s. 980.08 (4), whether to modify the petitioner's
18existing commitment order
by authorizing supervised release.
AB133-SSA1,1458,2520
980.09
(2) (c) If the court is satisfied that the state has not met its burden of
21proof under par. (b), the person shall be discharged from the custody or supervision
22of the department. If the court is satisfied that the state has met its burden of proof
23under par. (b), the court may proceed
under s. 980.06 to determine
, using the
24criterion specified in s. 980.08 (4), whether to modify the person's existing
25commitment order
by authorizing supervised release.
AB133-SSA1,1459,42
980.11
(2) (intro.) If the court places a person on supervised release under s.
3980.06 980.08 or discharges a person under s. 980.09 or 980.10, the department shall
4do all of the following:
AB133-SSA1,1459,96
980.12
(1) The Except as provided in ss. 980.03 (4) and 980.08 (3), the 7department shall pay from the appropriations under s. 20.435 (2) (a) and (bm) for all
8costs relating to the evaluation, treatment and care of persons evaluated or
9committed under this chapter.
AB133-SSA1,1459,1611
980.12
(2) By February 1, 2002, the department shall submit a report to the
12legislature under s. 13.172 (2) concerning the extent to which pharmacological
13treatment using an antiandrogen or the chemical equivalent of an antiandrogen has
14been required as a condition of supervised release under s. 980.06
, 1997 stats., or
s. 15980.08 and the effectiveness of the treatment in the cases in which its use has been
16required.
AB133-SSA1,1459,2019
985.01
(1g) "Governing body" has the meaning given in s. 345.05 (1) (b) and
20includes a family care district board under s. 46.2895.
AB133-SSA1,1459,2422
985.01
(3) "Municipality" has the meaning in s. 345.05 (1) (c) and
"governing
23body" the meaning in s. 345.05 (1) (b) with reference to such municipality includes
24a family care district under s. 46.2895.
AB133-SSA1,1460,13
1[Laws of 1929, chapter 151] Section 1. All the right, title and interest of the
2state of Wisconsin in the lands hereinafter described, whether any part or parcel
3thereof may be, at the time of the passage and publication of this act, dry or
4submerged under the waters of Lake Michigan are hereby ceded, granted and
5confirmed to the city of Milwaukee, a municipal corporation, for the purpose of
6improving, filling, and utilizing the same
for public park purposes or in aid of
7navigation and the fisheries, in any manner the said city may deem expedient
, and
8particularly for the purpose of. Such land may also be used for the purpose of 9establishing and maintaining thereon breakwaters, bulkheads, piers, wharves,
10warehouses, transfer sheds, railway tracks, airports, and other harbor facilities,
11together with such other uses not inconsistent with the improvement of navigation
12and fisheries in Lake Michigan, and the navigable waters tributary thereto, as said
13city may deem expedient.
AB133-SSA1,1461,215
[Laws of 1929, chapter 151] Section 3. The said grantee, the city of Milwaukee,
16shall not convey any portion or the whole of the lands so granted, ceded and
17confirmed, and described in section 2 of this act, to any other party, either by
18warranty deed, quit claim, or in any other manner, except that it may convey to the
19government of the United States such portion thereof as may be desirable for the
20promotion of navigation; and it may also convey said lands to any harbor district or
21other public corporation that may hereafter be organized, under any law of this state,
22for public park purposes or for the purpose of maintaining and operating a public
23port; and it may further lease for limited terms not exceeding thirty years, such
24particular parcels or portions thereof as the board of harbor commissioners may
25deem expedient, to parties desiring to employ such leased portions and parcels
for
1public park purposes or in the maintaining, operating or using of any harbor facilities
2thereon.
AB133-SSA1,1461,104
[Laws of 1929, chapter 151] Section 4. Whenever the said city of Milwaukee
5shall convey or attempt to convey the whole or any portion of the lands hereby
6granted, ceded or confirmed, to any other party except as herein provided, or shall
7use said lands or any part thereof for purposes permanently inconsistent with their
8use
for public park purposes or for the promotion of navigation and the fisheries, such
9land, or any part thereof so conveyed or attempted to be conveyed, or used
10inconsistently as hereinabove stated, shall revert to the state of Wisconsin.
AB133-SSA1,1461,2512
[Laws of 1973, chapter 76] Section 1. All the right, title and interest of the state
13of Wisconsin in the lands hereinafter described, whether any part or parcel thereof
14may be, at the time of the passage and publication of this act, dry or submerged under
15the waters of Lake Michigan are hereby ceded, granted and confirmed to the city of
16Milwaukee, a municipal corporation, for the purpose of improving, filling, and
17utilizing the same
for public park purposes or in aid of navigation and the fisheries
18and in addition for such further and other use which the board of harbor
19commissioners of the city of Milwaukee may deem appropriate and expedient and
20which the common council approves by resolution. Such land
shall may also be used
21for the purpose of establishing and maintaining thereon breakwaters, bulkheads,
22piers, wharves, warehouses, transfer sheds, railway tracks, airports, and other
23harbor facilities, together with such other uses not inconsistent with the
24improvement of navigation and fisheries in Lake Michigan, and the navigable
25waters tributary thereto, as the city may deem expedient.
AB133-SSA1,1462,142
[Laws of 1973, chapter 76] Section 3. The city of Milwaukee, shall not convey
3any portion or the whole of the lands so granted, ceded and confirmed, and described
4in
Section 2 of this act, to any other party, either by warranty deed, quit claim, or
5in any other manner, except that it may convey to the government of the United
6States such portion thereof as may be desirable for the promotion of navigation; and
7it may also convey lands to any harbor district or other public corporation that may
8hereafter be organized, under any law of this state,
for public park purposes or for
9the purpose of maintaining and operating a public port; and it may further lease for
10an initial term not exceeding 30 years, such particular parcels or portions thereof as
11the board of harbor commissioners considers advisable, to parties desiring to employ
12such leased portions and parcels
for public park purposes or in a manner determined
13by the board of harbor commissioners to be for the best interests of port and harbor
14development.
AB133-SSA1,1462,2417[
1997 Wisconsin Act 4] Section 4 (1) (a)
Notwithstanding
1995 Wisconsin Act
1827, section
9126 (23) and (26v), the department of corrections may, from July 1, 1997,
19until July 1,
1999 2001, operate the
juvenile secured correctional facility
, as defined
20in section 938.02 (15m) of the statutes, authorized under
1995 Wisconsin Act 27,
21section
9126 (26v), as a state prison named in section 302.01 of the statutes, as
22affected by this act, for the placement of prisoners, as defined in section 301.01 (2)
23of the statutes, who are not more than 21 years of age and who are not violent
24offenders, as determined by the department of corrections.
AB133-SSA1,1464,311[
1997 Wisconsin Act 27] Section 9410 (5g)
Elimination of recycling market
12development board. The treatment of sections 15.07 (1) (b) 19., 15.155 (2),
16.72 (7)
13(by Section 119d), 20.143 (1) (L) (by
Section 200d), (st) (by
Section 204d) and (tm)
1(by
Section 205d), 20.923 (4) (a) 4q., 36.25 (30g), 560.031 (by
Section 4338c), (2), (3)
2and (4), 560.09 (5) and 560.65 (4) (a) and subchapter III of chapter 287 (by
Section 33620m) of the statutes takes effect on June 30, 2001.