Amendment AA1-AB721

LRBa2066/2

JEO:jlg:hmh

1999 - 2000 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO 1999 ASSEMBLY BILL 721

March 28, 2000 - Offered by Joint committee on Finance.

AB721-AA1,1,1 At the locations indicated, amend the bill as follows:

AB721-AA1,1,2 1. Page 1, line 3: delete that line and substitute:

AB721-AA1,1,3 " Section 1g. 978.042 of the statutes is created to read:

AB721-AA1,1,13 978.042 Prosecutor caseload measurement; redistribution of assistant district attorney positions. (1) The department of administration shall develop a weighted prosecutor caseload measurement formula to assist in determining the comparative need for prosecutors in this state. The formula shall be based on the types of cases prosecuted by district attorneys' offices and the time needed to prosecute those cases, as applied to the average number of cases filed by a prosecutorial unit during the most recent 3-year period for which data is available and to the number of prosecutor positions allocated to the prosecutorial unit. The department may consult with the Wisconsin District Attorneys' Association in developing the formula.

AB721-AA1,2,6 (2) (a) If a vacancy occurs in an authorized assistant district attorney position or a portion of such a position and the position is allocated to a prosecutorial unit that has a prosecutor workload of less than 100% of the standard full-time workload, according to the weighted prosecutor caseload measurement formula developed under sub. (1), the department of administration shall notify the Wisconsin District Attorneys' Association of the vacancy.

AB721-AA1,2,14 (b) After receiving notice of a vacancy under par. (a), the Wisconsin District Attorneys' Association shall make a recommendation to the department of administration as to whether the vacancy or any portion of the vacancy should be transferred to a prosecutorial unit that has a prosecutor workload of more than 100% of the standard full-time workload, according to the weighted prosecutor caseload measurement formula developed under sub. (1), and that requested additional assistant district attorney position authorization for the fiscal biennium in which the vacancy occurs.

AB721-AA1,3,2 (c) After receiving the recommendation of the Wisconsin District Attorneys' Association prepared under par. (b), the department of administration shall decide, subject to par. (d), whether to transfer the vacancy or any portion of the vacancy to a prosecutorial unit that has a prosecutor workload of more than 100% of the standard full-time workload, according to the weighted prosecutor caseload measurement formula developed under sub. (1), and that requested additional assistant district attorney position authorization for the fiscal biennium in which the vacancy occurs. The department of administration shall consider the recommendation of the Wisconsin District Attorneys' Association in making its decision under this paragraph. If the department of administration decides under this paragraph to transfer a vacancy or portion of a vacancy from one prosecutorial unit to another, the department shall, notwithstanding ss. 978.03 and 978.04, transfer the position or portion of the position.

AB721-AA1,3,9 (d) The department of administration may not transfer a position or a portion of a position under this subsection if the transfer from the prosecutorial unit that has a prosecutor workload of less than 100% of the standard full-time workload, according to the weighted prosecutor caseload measurement formula developed under sub. (1), would result in the prosecutorial unit having a prosecutor workload of more than 100% of the standard full-time workload, according to the weighted prosecutor caseload measurement formula developed under sub. (1).

AB721-AA1, s. 1r Section 1r. Appropriation changes.".

AB721-AA1,3,11 (End)