AB616: Bill Text

AB616, s. 30 Section 30. 977.02 (3) of the statutes is amended to read:

AB616,12,20 977.02 (3) Promulgate rules regarding the determination of indigency of persons entitled to be represented by counsel, other than children persons who are entitled to be represented by counsel under s. 48.23, 51.60 (1), 55.06 (11) (a), 880.33 (2) (a) 2., or 938.23, including the time period in which the determination must be made and the criteria to be used to determine indigency and partial indigency.

AB616, s. 31 Section 31. 977.05 (4) (gm) of the statutes is amended to read:

AB616,13,3 977.05 (4) (gm) In accordance with the standards under pars. (h) and (i), accept referrals from judges and courts for the provision of legal services without a determination of indigency of children persons who are entitled to be represented by counsel under s. 48.23, 51.60 (1), 55.06 (11) (a), 880.33 (2) (a) 2., or 938.23, appoint counsel in accordance with contracts and policies of the board , and inform the referring judge or court of the name and address of the specific attorney who has been assigned to the case.

AB616, s. 32 Section 32. 977.05 (4) (h) of the statutes is amended to read:

AB616,13,11 977.05 (4) (h) Accept requests for legal services from children persons who are entitled to be represented by counsel under s. 48.23, 51.60 (1), 55.06 (11) (a), 880.33 (2) (a) 2., or 938.23 and from indigent persons who are entitled to be represented by counsel under s. 967.06 or who are otherwise so entitled under the constitution or laws of the United States or this state and provide such persons with legal services when, in the discretion of the state public defender, such provision of legal services is appropriate.

AB616, s. 33 Section 33. 977.05 (4) (i) 4. of the statutes is amended to read:

AB616,13,15 977.05 (4) (i) 4. Cases involving persons subject to emergency detention or involuntary civil commitment under ch. 51, emergency detention under s. 55.06 (11) (a), or a guardianship petition containing the allegations under s. 880.07 (1m).

AB616, s. 34 Section 34. 977.06 (1) (a) of the statutes, as affected by 2003 Wisconsin Act 33, is amended to read:

AB616,13,22 977.06 (1) (a) Verify the information necessary to determine indigency under s. 977.07 (2) (2g). The information provided by a person seeking assigned counsel that is subject to verification shall include any social security numbers provided on an application under sub. (1m), income records, value of assets, eligibility for public assistance, and claims of expenses.

AB616, s. 35 Section 35. 977.06 (1m) of the statutes is amended to read:

AB616,14,4 977.06 (1m) Application for representation. The state public defender shall request each person seeking to have counsel assigned for him or her under s. 977.08, other than a child person who is entitled to be represented by counsel under s. 48.23, 51.60 (1), 55.06 (11) (a), 880.33 (2) (a) 2., or 938.23, to provide the state public defender with his or her social security number and the social security numbers of his or her spouse and dependent children, if any.

AB616, s. 36 Section 36 . 977.06 (2) (a) of the statutes is amended to read:

AB616,14,14 977.06 (2) (a) A person seeking to have counsel assigned for him or her under s. 977.08, other than a child person who is entitled to be represented by counsel under s. 48.23, 51.60 (1), 55.06 (11) (a), 880.33 (2) (a) 2., or 938.23, shall sign a statement declaring that he or she has not disposed of any assets for the purpose of qualifying for that assignment of counsel. If the representative or authority making the indigency determination finds that any asset was disposed of for less than its fair market value for the purpose of obtaining that assignment of counsel, the asset shall be counted under s. 977.07 (2) (2g) at its fair market value at the time it was disposed of, minus the amount of compensation received for the asset.

AB616, s. 37 Section 37. 977.06 (2) (am) of the statutes is amended to read:

AB616,14,21 977.06 (2) (am) A person seeking to have counsel assigned for him or her under s. 977.08, other than a child person who is entitled to be represented by counsel under s. 48.23, 51.60 (1), 55.06 (11) (a), 880.33 (2) (a) 2., or 938.23, shall sign a statement declaring that the information that he or she has given to determine eligibility for assignment of counsel he or she believes to be true and that he or she is informed that he or she is subject to the penalty under par. (b).

AB616, s. 38 Section 38. 977.07 (1) (a) of the statutes is amended to read:

AB616,15,3 977.07 (1) (a) Determination of indigency for persons entitled to counsel shall be made as soon as possible and shall be in accordance with the rules promulgated by the board under s. 977.02 (3) and the system established under s. 977.06. No determination of indigency is required for a child person who is entitled to be represented by counsel under s. 48.23, 51.60 (1), 55.06 (11) (a), 880.33 (2) (a) 2., or 938.23.

AB616, s. 39 Section 39. 977.07 (1) (c) of the statutes is amended to read:

AB616,15,14 977.07 (1) (c) For all referrals made under ss. 809.30, 974.06 (3) (b), and 974.07 (11), except a referral of a child who is entitled to be represented by counsel under s. 48.23, 51.60 (1), 55.06 (11) (a), 880.33 (2) (a) 2., or 938.23, a representative of the state public defender shall determine indigency. For referrals made under ss. 809.30 and 974.06 (3) (b), except a referral of a child who is entitled to be represented by counsel under s. 48.23 or 938.23, the representative of the state public defender may, unless a request for redetermination has been filed under s. 809.30 (2) (d) or the defendant's request for representation states that his or her financial circumstances have materially improved, rely upon a determination of indigency made for purposes of trial representation under this section.

AB616, s. 40 Section 40. 977.07 (2) of the statutes is repealed.

AB616, s. 41 Section 41. 977.07 (2g) of the statutes is created to read:

AB616,16,2 977.07 (2g) The representative of the state public defender or the authority for indigency determinations specified under sub. (1) shall determine that an individual is indigent if the individual satisfies the financial eligibility requirements for a Wisconsin works group under s. 49.145 (3), except that in determining the value of the individual's assets under s. 49.145 (3) (a), the representative of the state public defender or the authority shall exclude only up to $30,000 of the equity value of a home that serves as the individual's homestead. The state public defender shall consider any assets or income of the spouse of the person claiming to be indigent as if they were assets of the person, unless the spouse was the victim of a crime allegedly committed by the person.

AB616, s. 42 Section 42. 977.08 (1) of the statutes is amended to read:

AB616,16,9 977.08 (1) If the representative or the authority for indigency determinations specified under s. 977.07 (1) refers a case to or within the office of the state public defender or if a case is referred under s. 48.23 (4), 51.60 (1), 55.06 (11) (bm) 1., 880.33 (2) (a) 2., or 938.23 (4), the state public defender shall assign counsel according to subs. (3) and (4). If a defendant makes a request for change of attorney assignment, the change of attorney must be approved by the circuit court.

AB616, s. 43 Section 43. 977.08 (2) (intro.) of the statutes is amended to read:

AB616,16,14 977.08 (2) (intro.) All attorneys in a county shall be notified in writing by the state public defender that a set of lists is being prepared of attorneys willing to represent children persons referred under s. 48.23 (4), 51.60 (1), 55.06 (11) (bm) 1., 880.33 (2) (a) 2., or 938.23 (4) and indigent clients in the following:

AB616, s. 44 Section 44. 977.08 (2) (d) of the statutes is repealed.

AB616, s. 45 Section 45. 977.085 (3) of the statutes is amended to read:

AB616,16,25 977.085 (3) The board shall provide quarterly reports to the joint committee on finance on the status of reimbursement for or recoupment of payments under ss. 48.275, 757.66, 938.275, 977.06, 977.07 (2), 977.075 and 977.076, including the amount of revenue generated by reimbursement and recoupment. The quarterly reports shall include any alternative means suggested by the board to improve reimbursement and recoupment procedures and to increase the amount of revenue generated. The department of justice, district attorneys, circuit courts and applicable county agencies shall cooperate by providing any necessary information to the state public defender.

AB616, s. 46 Section 46 . Nonstatutory provisions.

AB616,17,2 (1) County payments.

AB616,17,8 (a) The state public defender shall charge counties the following fees for providing legal representation to persons who are determined to be indigent under section 977.07 (2g) of the statutes, as created by this act, for whom an indigency finding would not have been made under section 977.07 (2), 2001 stats., and for whom the state public defender assigns counsel under section 977.08 of the statutes, on or after January 1, 2004, and before June 26, 2005:

AB616,17,9 1. For an appeal, other than under chapter 980 of the statutes, $1,391.

AB616,17,10 2. For a homicide, $4,466.

AB616,17,11 3. For a class A, B, or C felony, other than a homicide, $1,447.

AB616,17,12 4. For a felony not included under subdivision 2. or 3., $589.

AB616,17,13 5. For a misdemeanor, $241.

AB616,17,14 6. For a commitment, other than under chapter 980 of the statutes, $176.

AB616,17,15 7. For a proceeding under chapter 55 of the statutes, $250.

AB616,17,16 8. For a paternity proceeding, $369.

AB616,17,17 9. For a proceeding to revoke probation, parole, or extended supervision, $383.

AB616,17,18 10. For a proceeding to terminate parental rights, $1,365.

AB616,17,19 11. For a commitment proceeding under chapter 980 of the statutes, $3,067.

AB616,17,20 12. For a postcommitment proceeding under chapter 980 of the statutes, $823.

AB616,17,21 13. For any case not included under subdivisions 1. to 12., $208.

AB616,18,2 (b) The state public defender shall assess the applicable fee when the public defender assigns counsel for a person. For criminal cases, the county in which a defendant is charged shall pay the fee. For civil cases, the county in which the case is commenced shall pay the fee. Fees paid by counties under this subsection shall be credited to the appropriation accounts under section 20.550 (1) (j) and (ja) of the statutes, as created by this act.

AB616,18,11 (2) Attorney fees. Notwithstanding section 48.275 (2), 938.275 (2), 973.06 (1) (e), or 977.075 of the statutes, the state may not collect attorney fees from persons who are determined to be indigent under section 977.07 (2g) of the statutes, as created by this act, for whom an indigency finding would not have been made under section 977.07 (2), 2001 stats., and for whom the state public defender assigns counsel under section 977.08 of the statutes, on or after January 1, 2004, and before June 26, 2005. The court may order such persons to pay attorney fees as provided under section 973.06 (1) (e) of the statutes to the county that pays a fee under subsection (1) for the person's representation.

AB616,18,16 (3) Position increase. The authorized FTE positions for the public defender board are increased by 44.25 PR positions on January 1, 2004, to be funded from the appropriation under section 20.550 (1) (ja) of the statutes, as created by this act, for the purpose of providing legal representation to persons for whom the state public defender assigns counsel.

AB616,18,17 (4) Position change.

AB616,18,20 (a) The authorized FTE positions for the public defender board are decreased by 44.25 PR positions on June 26, 2005, to convert the PR positions authorized under subsection (3) to GPR positions.

AB616,18,24 (b) The authorized FTE positions for the public defender board are increased by 44.25 GPR positions on June 26, 2005, to be funded from the appropriation under section 20.550 (1) (c) of the statutes, to convert the PR positions authorized under subsection (3) to GPR positions.

AB616, s. 47 Section 47 . Initial applicability.

AB616,19,5 (1) Indigency determinations. The treatment of sections 20.550 (1) (fb), 303.065 (5) (dm), 973.06 (1) (e), 977.06 (1) (a), 977.06 (2) (a), 977.07 (2) and (2g), and 977.085 (3) of the statutes and Section 46 (1 ) of this act (with respect to the criteria for determining indigency) first apply to cases opened on the effective date of this subsection.

AB616,19,7 (2) Representation in civil commitment, protective placement, and guardianship cases.

AB616,19,13 (a) Emergency mental health detentions. The treatment of sections 51.15 (9), 51.60, 809.30 (2) (d), 977.02 (3), 977.05 (4) (gm), (h), and (i) 4., 977.06 (1m) and (2) (a) and (am), 977.07 (1) (a) and (c), and 977.08 (1) and (2) (intro.) and (d) of the statutes (with respect to the appointment of counsel for persons subject to an emergency detention under section 51.15 of the statutes) first applies to emergency detentions occurring on the effective date of this paragraph.

AB616,19,20 (b) Involuntary commitments for mental health treatment. The treatment of sections 51.20 (3) and (18) (c), 51.60, 809.30 (2) (d), 977.02 (3), 977.05 (4) (gm), (h), and (i) 4., 977.06 (1m) and (2) (a) and (am), 977.07 (1) (a) and (c), and 977.08 (1) and (2) (intro.) and (d) of the statutes (with respect to the appointment of counsel for persons subject to an involuntary commitment proceeding under section 51.20 of the statutes) first applies to proceedings commenced on the effective date of this paragraph.

AB616,20,2 (c) Transfers of patients. The treatment of sections 51.35 (1) (e) 1. and 2. c., 51.60, 809.30 (2) (d), 977.02 (3), 977.05 (4) (gm), (h), and (i) 4., 977.06 (1m) and (2) (a) and (am), 977.07 (1) (a) and (c), and 977.08 (1) and (2) (intro.) and (d) of the statutes (with respect to the appointment of counsel for persons subject to a transfer under section 51.35 of the statutes) first applies to transfers occurring on the effective date of this paragraph.

AB616,20,10 (d) Involuntary commitments for treatment of alcoholism. The treatment of sections 51.45 (12) (b) (intro.), 1., 2., and 3., and (c) 2., (13) (b) 2., (d), and (j), and (16) (c), 51.60, 809.30 (2) (d), 977.02 (3), 977.05 (4) (gm), (h), and (i) 4., 977.06 (1m) and (2) (a) and (am), 977.07 (1) (a) and (c), and 977.08 (1) and (2) (intro.) and (d) of the statutes (with respect to the appointment of counsel for persons subject to a commitment or recommitment proceeding under section 51.45 of the statutes) first applies to proceedings for commitment or recommitment commenced on the effective date of this paragraph.

AB616,20,16 (e) Protective placements proceedings. The treatment of sections 51.60, 55.06 (11) (a) and (bm), 809.30 (2) (d), 977.02 (3), 977.05 (4) (gm), (h), and (i) 4., 977.06 (1m) and (2) (a) and (am), 977.07 (1) (a) and (c), and 977.08 (1) and (2) (intro.) and (d) of the statutes (with respect to the appointment of counsel for persons subject to an emergency detention under section 55.06 (11) of the statutes) first applies to emergency detentions occurring on the effective date of this paragraph.

AB616,20,22 (f) Guardianship proceedings. The treatment of sections 51.60, 809.30 (2) (d), 880.33 (2) (a) 2., 977.02 (3), 977.05 (4) (gm), (h), and (i) 4., 977.06 (1m) and (2) (a) and (am), 977.07 (1) (a) and (c), and 977.08 (1) and (2) (intro.) and (d) of the statutes (with respect to the appointment of counsel for persons subject to a guardianship proceeding under chapter 880 of the statutes) first applies to guardianship proceedings commenced on the effective date of this paragraph.

AB616, s. 48 Section 48. Effective dates. This act takes effect on January 1, 2004, except as follows:

AB616,21,2 (1) The treatment of section 20.550 (1) (ja) (by Section 6) of the statutes takes effect on July 1, 2005.

AB616,21,3 (End)