SB40: Bill Text

SB40, s. 3885 Section 3885. 973.05 (2m) (r) of the statutes is amended to read:

SB40,1675,5 973.05 (2m) (r) To payment of the enforcement surcharge under s. 253.06 49.17 (4) (c) until paid in full.

SB40, s. 3886 Section 3886. 973.055 (3) of the statutes is amended to read:

SB40,1675,9 973.055 (3) All moneys collected from domestic abuse surcharges shall be deposited by the secretary of administration in s. 20.435 (3) 20.437 (1) (hh) and utilized in accordance with s. 46.95 49.165.

SB40, s. 3887 Section 3887. 973.09 (1) (b) of the statutes is amended to read:

SB40,1675,17 973.09 (1) (b) If the court places the person on probation, the court shall order the person to pay restitution under s. 973.20, unless the court finds there is substantial reason not to order restitution as a condition of probation. If the court does not require restitution to be paid to a victim, the court shall state its reason on the record. If the court does require restitution, it shall notify the department of justice of its decision if the victim may be eligible for compensation under subch. I of ch. 949.

SB40, s. 3888 Section 3888. 973.195 (1g) of the statutes is repealed.

SB40, s. 3889 Section 3889. 973.195 (1r) (a) of the statutes is amended to read:

SB40,1676,2 973.195 (1r) (a) An inmate who is serving a sentence imposed under s. 973.01 for a crime other than a Class B Class C to Class E felony may petition the sentencing court to adjust the sentence if the inmate has served at least the applicable percentage 85 percent of the term of confinement in prison portion of the sentence. If an inmate is subject to more than one sentence imposed under this section, the sentences shall be treated individually for purposes of sentence adjustment under this subsection.

SB40, s. 3890 Section 3890. 973.195 (1r) (d) of the statutes is amended to read:

SB40,1676,12 973.195 (1r) (d) If the sentence for which the inmate seeks adjustment is for an offense under s. 940.225 (2) or (3), 948.02 (2), 948.08, or 948.085, and the district attorney does not object to the petition within 10 days of receiving notice under par. (c), the district attorney shall notify the victim, as defined under s. 950.02 (4), of the inmate's petition. The notice to the victim shall include information on the sentence adjustment petition process under this subsection, including information on how to object to the inmate's petition. If the victim objects to adjustment of the inmate's sentence within 45 days of the date on which the district attorney received notice under par. (c), the court shall deny the inmate's petition.

SB40, s. 3891 Section 3891. 973.20 (9) (a) of the statutes is amended to read:

SB40,1676,18 973.20 (9) (a) If a crime victim is paid an award under subch. I of ch. 949 for any loss arising out of a criminal act, the state is subrogated to the rights of the victim to any restitution required by the court. The rights of the state are subordinate to the claims of victims who have suffered a loss arising out of the offenses or any transaction which is part of the same continuous scheme of criminal activity.

SB40, s. 3892 Section 3892. 973.20 (9) (b) of the statutes is amended to read:

SB40,1677,3 973.20 (9) (b) When restitution is ordered, the court shall inquire to see if an award has been made under subch. I of ch. 949 and if the department of justice is subrogated to the cause of action under s. 949.15. If the restitution ordered is less than or equal to the award under subch. I of ch. 949, the restitution shall be paid only to the general fund credited to the appropriation account under s. 20.455 (5) (hh). If the restitution ordered is greater than the award under subch. I of ch. 949, the general fund shall receive an amount equal to the award under subch. I of ch. 949 shall be credited to the appropriation account under s. 20.455 (5) (hh) and the balance shall be paid to the victim.

SB40, s. 3893 Section 3893. 973.30 (title) of the statutes is repealed.

SB40, s. 3894 Section 3894. 973.30 (1) (intro.) of the statutes is repealed.

SB40, s. 3895 Section 3895. 973.30 (1) (a) of the statutes is repealed.

SB40, s. 3896 Section 3896. 973.30 (1) (b) of the statutes is renumbered 16.964 (13) (a) 2.

SB40, s. 3897 Section 3897. 973.30 (1) (c) of the statutes is repealed.

SB40, s. 3898 Section 3898. 973.30 (1) (d) of the statutes is renumbered 16.964 (13) (a) 3.

SB40, s. 3899 Section 3899. 973.30 (1) (e) of the statutes is repealed.

SB40, s. 3900 Section 3900. 973.30 (1) (f) of the statutes is repealed.

SB40, s. 3901 Section 3901. 973.30 (1) (g) of the statutes is renumbered 16.964 (13) (a) 4.

SB40, s. 3902 Section 3902. 973.30 (1) (h) of the statutes is renumbered 16.964 (13) (a) 5.

SB40, s. 3903 Section 3903. 973.30 (1) (i) of the statutes is renumbered 16.964 (13) (a) 6.

SB40, s. 3904 Section 3904. 973.30 (1) (j) of the statutes is renumbered 16.964 (13) (a) 7.

SB40, s. 3905 Section 3905. 973.30 (2) of the statutes is repealed.

SB40, s. 3906 Section 3906. 973.30 (3) of the statutes is repealed.

SB40, s. 3907 Section 3907. 974.07 (4) (b) of the statutes is amended to read:

SB40,1678,2 974.07 (4) (b) Notwithstanding the limitation on the disclosure of mailing addresses from completed information cards submitted by victims under ss. 51.37 (10) (dx), 301.046 (4) (d), 301.048 (4m) (d), 301.38 (4), 302.105 (4), 304.06 (1) (f), 304.063 (4), 938.51 (2), 971.17 (6m) (d), and 980.11 (4), the department of corrections, the parole earned release review commission, and the department of health and family services shall, upon request, assist clerks of court in obtaining information regarding the mailing address of victims for the purpose of sending copies of motions and notices of hearings under par. (a).

SB40, s. 3908 Section 3908. 976.03 (23) (c) of the statutes is amended to read:

SB40,1678,15 976.03 (23) (c) The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by 2 certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to a judge, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The prosecuting officer, parole earned release review commission, warden or sheriff may also attach such further affidavits and other documents in duplicate as he, she or it deems proper to be submitted with the application. One copy of the application, with the action of the governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information and affidavits, or of the judgment of conviction or of the sentence shall be filed in the office of the governor to remain of record in that office. The other copies of all papers shall be forwarded with the governor's requisition.

SB40, s. 3909 Section 3909. 977.02 (2m) of the statutes is amended to read:

SB40,1678,20 977.02 (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).

SB40, s. 3910 Section 3910. 977.02 (3) of the statutes is amended to read:

SB40,1679,2 977.02 (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.

SB40, s. 3911 Section 3911. 977.05 (4) (gm) of the statutes is amended to read:

SB40,1679,9 977.05 (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.

SB40, s. 3912 Section 3912. 977.05 (4) (h) of the statutes is amended to read:

SB40,1679,16 977.05 (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.

SB40, s. 3913 Section 3913. 977.05 (4) (i) 8. of the statutes is amended to read:

SB40,1679,20 977.05 (4) (i) 8. Cases involving individuals who are subject to petitions for protective placement or involuntary administration of psychotropic medication under ch. 55.

SB40, s. 3914 Section 3914 . 977.06 (2) (a) of the statutes is amended to read:

SB40,1680,5 977.06 (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.

SB40, s. 3915 Section 3915. 977.06 (2) (am) of the statutes is amended to read:

SB40,1680,12 977.06 (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).

SB40, s. 3916 Section 3916. 977.06 (4) (bm) of the statutes is amended to read:

SB40,1680,22 977.06 (4) (bm) In response to a request for information under s. 49.22 (2m) made by the department of workforce development children and families or a county child support agency under s. 59.53 (5), the state public defender shall provide the name and address of an individual, the name and address of the individual's employer and financial information related to the individual, if the name, address or financial information is included in any statement, affidavit or other information provided by the individual regarding financial eligibility under s. 977.07 and if, at the time the request for information is made, the individual is represented by the state public defender or by counsel assigned under s. 977.08.

SB40, s. 3917 Section 3917. 977.07 (1) (a) of the statutes is amended to read:

SB40,1681,3 977.07 (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, 55.105, or 938.23.

SB40, s. 3918 Section 3918. 977.07 (1) (c) of the statutes is amended to read:

SB40,1681,14 977.07 (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.

SB40, s. 3919 Section 3919. 977.075 (1g) of the statutes is created to read:

SB40,1681,18 977.075 (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.

SB40, s. 3920 Section 3920. 977.075 (3) of the statutes is amended to read:

SB40,1682,2 977.075 (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.

SB40, s. 3921 Section 3921. 977.075 (3m) of the statutes is amended to read:

SB40,1682,12 977.075 (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.

SB40, s. 3922 Section 3922. 977.075 (4) of the statutes is created to read:

SB40,1682,19 977.075 (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.

SB40, s. 3923 Section 3923. 977.08 (1) of the statutes is amended to read:

SB40,1683,2 977.08 (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.

SB40, s. 3924 Section 3924. 977.08 (2) (intro.) of the statutes is amended to read:

SB40,1683,7 977.08 (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:

SB40, s. 3925 Section 3925. 977.08 (2) (d) of the statutes is repealed.

SB40, s. 3926 Section 3926. 977.085 (3) of the statutes is amended to read:

SB40,1683,18 977.085 (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.

SB40, s. 3927 Section 3927. 978.05 (4m) of the statutes is amended to read:

SB40,1683,22 978.05 (4m) Welfare fraud investigations. Cooperate with the departments of workforce development children and families and health and family services regarding the fraud investigation programs under ss. 49.197 (1m) and 49.845 (1).

SB40, s. 3928 Section 3928. 980.036 (10) of the statutes is amended to read:

SB40,1684,6 980.036 (10) Payment of photocopy copying costs in cases involving indigent respondents. When the state public defender or a private attorney appointed under s. 977.08 requests photocopies copies, in any format, of any item that is discoverable under this section, the state public defender shall pay any fee charged for the photocopies copies from the appropriation under s. 20.550 (1) (a). If the person providing photocopies copies under this section charges the state public defender a fee for the photocopies copies, the fee may not exceed the actual, necessary, and, direct cost of photocopying providing the copies.

SB40, s. 3929 Section 3929. 980.08 (9) of the statutes, as created by 2005 Wisconsin Act 431, is renumbered 980.08 (9) (a).

SB40, s. 3930 Section 3930. 980.08 (9) (b) of the statutes is created to read:

SB40,1684,11 980.08 (9) (b) The department of corrections may contract for the escort services under par. (a).

SB40, s. 3931 Section 3931. 985.01 (1g) of the statutes is amended to read:

SB40,1684,14 985.01 (1g) "Governing body" has the meaning given in s. 345.05 (1) (b) and includes a family long-term care district board under s. 46.2895.

SB40, s. 3932 Section 3932. 985.01 (3) of the statutes is amended to read:

SB40,1684,17 985.01 (3) "Municipality" has the meaning in s. 345.05 (1) (c) and includes a family long-term care district under s. 46.2895.

SB40, s. 3933 Section 3933. 995.12 (5) (a) of the statutes is amended to read:

SB40,1684,25 995.12 (5) (a) License revocation and civil penalty. Upon a determination that a distributor has violated sub. (2) (c), the department may revoke or suspend the license of the distributor in the manner provided under s. 139.44 (4) and (7). Each stamp affixed and each sale of cigarettes or offer or possession to sell cigarettes in violation of sub. (2) (c) shall constitute a separate violation. For each violation the department may also impose a forfeiture in an amount not to exceed the greater of 500% of the retail value of the cigarettes or $5,000.

SB40, s. 3934 Section 3934. 995.67 (1) (a) of the statutes is amended to read:

SB40,1685,3 995.67 (1) (a) "Domestic abuse" has the meaning given in s. 46.95 49.165 (1) (a).

SB40, s. 3935 Section 3935. 2003 Wisconsin Act 33, section 9159 (4f) is repealed.

SB40, s. 3936 Section 3936. 2005 Wisconsin Act 25, section 9101 (4) (b) and (c) is amended to read:

SB40,1685,23 [2005 Wisconsin Act 25] Section 9101 (4) (b) the secretary The department of administration shall submit a report to the secretary of the building commission containing an inventory of his or her recommendations to offer specified state properties may offer any parcel of state-owned real property for sale under in accordance with section 16.848 of the statutes, as created by this act, if the property is eligible for sale under that section and this subsection. If the department of administration receives an offer to purchase the property, the secretary of administration may submit a report to the secretary of the building commission recommending acceptance of the offer. The report shall contain a description of the property and the reasons therefor. A property may be included in the inventory for the recommendation. The secretary of administration may recommend the sale of a property with or without approval of the state agency having jurisdiction of the property. If, during the period on or before June 30, 2007, or the period beginning on the effective date of this paragraph and ending on June 30, 2009, the building commission votes to approve the sale of any offer to purchase the property included in the inventory, the department of administration may offer sell the property for sale under section 16.848 of the statutes, as created by this act.

SB40,1686,3 (c) This subsection does not apply during the period beginning after June 30, 2007 and ending the day before the effective date of this paragraph, nor during the period after June 30, 2009.

SB40, s. 3937 Section 3937. 2005 Wisconsin Act 25, section 9152 (5) is amended to read: