51.45 (13) (j) Upon the filing of a petition for recommitment under par. (h), the court shall fix a date for a recommitment hearing within 10 days, and assure that the person sought to be recommitted is represented by counsel and, if the person is indigent, appoint by referring the person to the state public defender, who shall appoint counsel for him or her, unless waived for the person without a determination of indigency, as provided in s. 51.60. The provisions of par. (e) relating to notice and to access to records, names of witnesses, and summaries of their testimony shall apply to recommitment hearings under this paragraph. At the recommitment hearing, the court shall proceed as provided under pars. (f) and (g).
SECTION 14. 51.45 (16) (c) of the statutes is repealed.
SECTION 15. 51.60 of the statutes is created to read:
51.60 Appointment of counsel. (1) ADULTS. (a) In any situation under this chapter in which an adult individual has a right to be represented by counsel, the individual shall be referred as soon as practicable to the state public defender, who shall appoint counsel for the individual under s. 977.08 without a determination of indigency.
(b) Except as provided in s. 51.45 (13) (b) 2., par. (a) does not apply if the individual knowingly and voluntarily waives counsel.
(2) MINORS. In any situation under this chapter in which a minor has a right to be represented by counsel, counsel for the minor shall be appointed as provided in s. 48.23 (4).
(3) RETAINED COUNSEL. Notwithstanding subs. (1) and (2), an individual subject to proceedings under this chapter is entitled to retain counsel of his or her own choosing at his or her own expense.
SECTION 16. 51.605 of the statutes is created to read:
51.605 Reimbursement for counsel provided by the state. (1) INQUIRY. At or after the conclusion of a proceeding under this chapter in which the state public defender has provided counsel for an adult individual, the court may inquire as to the individual's ability to reimburse the state for all or part of the cost of representation. If the court determines that the individual is able to make reimbursement for all or part of the cost of representation, the court may order the individual to reimburse the state an amount not to exceed the maximum amount established by the public defender board under s. 977.075 (4). Upon the court's request, the state public defender shall conduct a determination of indigency under s. 977.07 and report the results of the determination to the court.
(2) PAYMENT. Reimbursement ordered under this section shall be made to the clerk of courts of the county where the proceedings took place. The clerk of courts shall transmit payments under this section to the county treasurer, who shall deposit 25 percent of the payment amount in the county treasury and transmit the remainder to the secretary of administration. Payments transmitted to the secretary of administration shall be deposited in the general fund and credited to the appropriation account under s. 20.550 (1) (L).
(3) REPORT. By January 31st of each year, the clerk of courts for each county shall report to the state public defender the total amount of reimbursements ordered under sub. (1) in the previous calendar year and the total amount of reimbursements paid to the clerk under sub. (2) in the previous year.
SECTION 17. 55.10 (4) (a) of the statutes is amended to read:
55.10 (4) (a) Counsel; costs. The individual sought to be protected has the right to counsel whether or not the individual is present at the hearing on the petition. The court shall require representation by full legal counsel whenever the petition alleges that the individual is not competent to refuse psychotropic medication under s. 55.14, the individual sought to be protected requested such representation at least 72 hours before the hearing, the guardian ad litem or any other person states that the individual sought to be protected is opposed to the petition, or the court determines that the interests of justice require it. If the individual sought to be protected or any other person on his or her behalf requests but is unable to obtain legal counsel, the court shall appoint refer the individual to the state public defender as provided under s. 55.105 for appointment of legal counsel. Counsel shall be provided at public expense, as provided under s. 967.06 and ch. 977, if the individual is indigent. If the individual sought to be protected is an adult who is indigent, and if counsel was not appointed under s. 977.08, the county in which the hearing is held is liable for any fees due the individual's legal counsel. If the individual sought to be protected is represented by counsel appointed under s. 977.08 in a proceeding for the appointment of a guardian under s. 880.33 ch. 54, the court shall order the counsel appointed under s. 977.08 to represent under this section the individual sought to be protected.
SECTION 18. 55.105 of the statutes is created to read:
55.105 Appointment of counsel. (1) In any situation under this chapter in which an adult individual has a right to be represented by legal counsel, the individual shall be referred as soon as practicable to the state public defender, who shall appoint counsel for the individual under s. 977.08 without a determination of indigency.
(2) In any situation under this chapter in which a minor has a right to be represented by legal counsel, legal counsel for the minor shall be appointed as provided in s. 48.23 (4).
(3) Notwithstanding subs. (1) and (2), an individual subject to proceedings under this chapter is entitled to retain counsel of his or her own choosing at his or her own expense.
SECTION 19. 55.107 of the statutes is created to read:
55.107 Reimbursement of counsel provided by the state. (1) At or after the conclusion of a proceeding under this chapter in which the state public defender has provided legal counsel for an adult individual, the court may inquire as to the individual's ability to reimburse the state for all or part of the cost of representation. If the court determines that the individual is able to make reimbursement for all or part of the cost of representation, the court may order the individual to reimburse the state an amount not to exceed the maximum amount established by the public defender board under s. 977.075 (4). Upon the court's request, the state public defender shall conduct a determination of indigency under s. 977.07 and report the results of the determination to the court.
(2) Reimbursement ordered under this section shall be made to the clerk of courts of the county where the proceedings took place. The clerk of courts shall transmit payments under this section to the county treasurer, who shall deposit 25 percent of the payment amount in the county treasury and transmit the remainder to the secretary of administration. Payments transmitted to the secretary of administration shall be deposited in the general fund and credited to the appropriation account under s. 20.550 (1) (L).
(3) By January 31st of each year, the clerk of courts for each county shall report to the state public defender the total amount of reimbursements ordered under sub. (1) in the previous calendar year and the total amount of reimbursements paid to the clerk under sub. (2) in the previous year.
SECTION 20. 55.135 (1) of the statutes is amended to read:
55.135 (1) If, upon a credible report to or, from personal observation of, or a reliable report made by a person who identifies himself or herself to, a sheriff, police officer, fire fighter, guardian, if any, or authorized representative of a county department or an agency with which it contracts under s. 55.02 (2), it appears probable that an individual is so totally incapable of providing for his or her own care or custody as to create a substantial risk of serious physical harm to himself or herself or others as a result of developmental disabilities, degenerative brain disorder, serious and persistent mental illness, or other like incapacities if not immediately placed, the individual under this paragraph who received the credible report or who personally made the observation or to whom the report is made may take into custody and transport the individual to an appropriate medical or protective placement facility. The person making emergency protective placement shall prepare a statement at the time of detention providing specific factual information concerning the person's observations or reports made to the person and the basis for emergency placement. The statement shall be filed with the director of the facility and with any petition under s. 55.075. At the time of emergency protective placement the individual shall be informed by the director of the facility or the director's designee, orally and in writing, of his or her right to contact an attorney and a member of his or her immediate family and the right to have an attorney provided at public expense, as provided under s. 967.06 and ch. 977, if the individual is a minor or is indigent s. 55.105. The director or designee shall also provide the individual with a copy of the statement by the person making emergency protective placement.
SECTION 21. 55.14 (7) of the statutes is amended to read:
55.14 (7) Upon the filing of a petition under this section, the court shall appoint make a referral for appointment of legal counsel as provided under s. 55.105. A petition under this section shall be heard under s. 55.10 (4) (a) s. 55.06 within 30 days after it is filed.
SECTION 22. 55.15 (7) (cm) of the statutes is amended to read:
55.15 (7) (cm) The court shall appoint counsel for refer the individual under protective placement for appointment of legal counsel as provided under s. 55.105 if the individual, the individual's guardian ad litem, or anyone on the individual's behalf requests that counsel be appointed for the individual,.
SECTION 23. 55.18 (3) (c) (intro.) of the statutes is amended to read:
55.18 (3) (c) (intro.) The court shall order legal counsel for refer an individual and, if the individual appears to be indigent, refer him or her to the authority for indigency determinations under s. 977.07 (1) for appointment of legal counsel under s. 55.105 if any of the following apply:
SECTION 24. 55.19 (3) (c) (intro.) of the statutes is amended to read:
55.19 (3) (c) (intro.) The court shall order legal counsel for refer an individual and, if the individual appears to be indigent, refer him or her to the authority for indigency determinations under s. 977.07 (1) for appointment of legal counsel under s. 55.105 if any of the following apply:
SECTION 25. 809.30 (2) (d) of the statutes is amended to read:
809.30 (2) (d) Indigency redetermination. Except as provided in this paragraph, whenever a person whose trial counsel is appointed by the state public defender files a notice under par. (b) requesting public defender representation for purposes of postconviction or postdisposition relief, the prosecutor may, within 5 days after the notice is served and filed, file in the circuit court and serve upon the state public defender a request that the person's indigency be redetermined before counsel is appointed or transcripts are requested. This paragraph does not apply to a child or juvenile person who is entitled to be represented by counsel under s. 48.23, 51.60 (1), 55.105, or 938.23.
SECTION 26. 814.69 (1) (a) of the statutes is amended to read:
814.69 (1) (a) For a transcript under SCR 71.04, a fee at the rate of $1.50 per 25-line page for the original and 50 cents per 25-line page for the duplicate. Except as provided in s. 967.06 (3), the fee shall be paid by the county treasurer upon the certificate of the clerk of court.
SECTION 27. 967.06 of the statutes is renumbered 967.06 (1) and amended to read:
967.06 (1) As soon as practicable after a person has been detained or arrested in connection with any offense which that is punishable by incarceration, or in connection with any civil commitment proceeding, or in any other situation in which a person is entitled to counsel regardless of ability to pay under the constitution or laws of the United States or this state, the person shall be informed of his or her right to counsel. Persons
(2) (a) Except as provided in par. (b), a person entitled to counsel under sub. (1) who indicate indicates at any time that they wish he or she wants to be represented by a lawyer, and who claim that they are claims that he or she is not able to pay in full for a lawyer's services, shall immediately be permitted to contact the authority for indigency determinations specified under s. 977.07 (1). The authority for indigency determination in each county shall have daily telephone access to the county jail in order to identify all persons who are being held in the jail. The jail personnel shall provide by phone information requested by the authority.
(3) In any case in which the state public defender provides representation to an indigent person, the public defender may request that the applicable court reporter or clerk of circuit court prepare and transmit any transcript or court record. The request shall be complied with. The state public defender shall, from the appropriation under s. 20.550 (1) (f), compensate the court reporter or clerk of circuit court for the cost of preparing, handling, duplicating, and mailing the documents.
SECTION 28. 967.06 (2) (b) of the statutes is created to read:
967.06 (2) (b) If the person indicating that he or she wants to be represented by a lawyer is detained under ch. 48, 51, 55, or 938, the person shall be referred for appointment of counsel as provided under s. 48.23 (4), 51.60, 55.105, or 938.23 (4), whichever is applicable.
SECTION 29. 977.02 (2m) of the statutes is amended to read:
977.02 (2m) Promulgate rules regarding eligibility for legal services under this chapter, including legal services for children persons who are entitled to be represented by counsel without a determination of indigency, as provided in s. 48.23 (4), 51.60, 55.105, or 938.23 (4).
SECTION 30. 977.02 (3) of the statutes is amended to read:
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, 55.105, 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.
SECTION 31. 977.05 (4) (gm) of the statutes is amended to read:
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, 55.105, 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.
SECTION 32. 977.05 (4) (h) of the statutes is amended to read:
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, 55.105, 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.
SECTION 33. 977.05 (4) (i) 8. of the statutes is amended to read:
977.05 (4) (i) 8. Cases involving individuals who are subject to petitions for protective placement or involuntary administration of psychotropic medication under ch. 55.
SECTION 34. 977.06 (2) (a) of the statutes is amended to read:
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, 55.105, 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) at its fair market value at the time it was disposed of, minus the amount of compensation received for the asset.
SECTION 35. 977.06 (2) (am) of the statutes is amended to read:
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, 55.105, 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).
SECTION 36. 977.07 (1) (a) of the statutes is amended to read:
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, 55.105, or 938.23.
SECTION 37. 977.07 (1) (c) of the statutes is amended to read:
977.07 (1) (c) For all referrals made under ss. 809.107, 809.30, 974.06 (3) (b) and 974.07 (11), except a referral of a child person who is entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, a representative of the state public defender shall determine indigency. For referrals made under ss. 809.107, 809.30 and 974.06 (3) (b), except a referral of a child person who is entitled to be represented by counsel under s. 48.23, 51.60, 55.105, 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 person'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.
SECTION 38. 977.075 (1g) of the statutes is created to read:
977.075 (1g) In this section, "client responsible for payment" means a client of the state public defender other than a client entitled to legal representation without a determination of indigency.
SECTION 39. 977.075 (3) of the statutes is amended to read:
977.075 (3) The board shall establish by rule a fee schedule that sets the amount that a person, other than a parent subject to s. 48.275 (2) (b) or 938.275 (2) (b), who is client responsible for payment for legal representation shall pay for the cost of the legal representation if the person client does not pay the applicable discount fee under sub. (3m). The schedule shall establish a fee for a given type of case, and the fee for a given type of case shall be based on the average cost, as determined by the board, for representation for that type of case.
SECTION 40. 977.075 (3m) of the statutes is amended to read:
977.075 (3m) The board shall establish by rule a fee schedule that sets the discount amount that a person, other than a parent subject to s. 48.275 (2) (b) or 938.275 (2) (b), who is client responsible for payment for legal representation, may pay during a time period established by rule instead of paying the applicable fee under sub. (3). The fee schedule shall establish a discount fee for each type of case included in the schedule under sub. (3). If a person client responsible for payment pays the applicable discount fee within the time period established under this section, the person client may not be held liable for any additional payment for counsel.
SECTION 41. 977.075 (4) of the statutes is created to read:
977.075 (4) The board shall establish by rule a fee schedule that sets the maximum amount that a parent subject to s. 48.275 (2) (b) or 938.275 (2) (b) shall pay as reimbursement for legal services and sets the maximum amount that a person subject to s. 51.605 or 55.107 shall pay as reimbursement for legal services. The maximum amounts under this subsection shall be based on the average cost, as determined by the board, for each applicable type of case.
SECTION 42. 977.08 (1) of the statutes is amended to read:
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, 55.105, 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.
SECTION 43. 977.08 (2) (intro.) of the statutes is amended to read:
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, 55.105, or 938.23 (4) and indigent clients in the following:
SECTION 44. 977.08 (2) (d) of the statutes is repealed.
SECTION 45. 977.085 (3) of the statutes is amended to read:
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, 51.605, 55.107, 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.
SECTION 9336. Initial applicability; Public Defender Board.
(1) REPRESENTATION IN CIVIL COMMITMENT, PROTECTIVE PLACEMENT, AND INVOLUNTARY MEDICATION CASES. The treatment of sections 20.550 (1) (L), 51.15 (9), 51.20 (3) and (18) (c), 51.35 (1) (e) 1. and 2. c., 51.45 (12) (b) (intro.), 1., 2., and 3. and (c) 2., 51.45 (13) (b) 2., (d), and (j) and (16) (c), 51.60, 51.605, 55.10 (4) (a), 55.105, 55.107, 55.135 (1), 55.14 (7), 55.15 (7) (cm), 55.18 (3) (c) (intro.), 55.19 (3) (c) (intro.), 809.30 (2) (d), 967.06 (2) (a) and (b), 977.02 (2m), 977.05 (4) (gm), (h), and (i) 8., 977.06 (2) (a) and (am), 977.07 (1) (a) and (c), 977.075 (1g), (3), (3m), and (4), and 977.08 (1) and (2) (intro.) and (d) of the statutes first applies to civil proceedings commencing, emergency detentions or emergency placements occurring, placement transfers occurring, or petitions for, or annual reviews of, court orders for involuntary administration of psychotropic medication commencing on July 1, 2008.
SECTION 9436. Effective dates; Public Defender Board.
(1) REPRESENTATION IN CIVIL COMMITMENT, PROTECTIVE PLACEMENT, AND INVOLUNTARY MEDICATION CASES. The treatment of sections 20.550 (1) (f), 51.15 (9), 51.20 (3) and (18) (c), 51.35 (1) (e) 1. and 2. c., 51.45 (12) (b) (intro.), 1., 2., and 3. and (c) 2., 51.45 (13) (b) 2., (d), and (j) and (16) (c), 51.60, 51.605, 55.10 (4) (a), 55.105, 55.107, 55.135 (1), 55.14 (7), 55.15 (7) (cm), 55.18 (3) (c) (intro.), 55.19 (3) (c) (intro.), 809.30 (2) (d), 814.69 (1) (a), 967.06 (1), (2) (a) and (b), and (3), 977.05 (4) (gm), (h), and (i) 8., 977.06 (2) (a) and (am), 977.07 (1) (a) and (c), 977.075 (1g), (3), (3m), and (4), 977.08 (1) and (2) (intro.) and (d), and 977.085 (3) of the statutes and SECTION 9336 (1) of this act take effect on July 1, 2008.
(End)
LRB-0469LRB-0469/1
PG:kjf:rs
2007 - 2008 LEGISLATURE
DOA:......Fath, BB0106 - School breakfast reimbursement rate
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
education
Primary and secondary education
Under current law, the state reimburses school boards and private schools 10 cents for each breakfast served under the School Breakfast Program. This bill raises the reimbursement rate to 15 cents.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
