2009 Wisconsin Act 28

28,3378 Section 3378. 973.01 (4) of the statutes is amended to read:

973.01 (4) No good time; extension Extension or reduction of term of imprisonment. A person sentenced to a bifurcated sentence under sub. (1) shall serve the term of confinement in prison portion of the sentence without reduction for good behavior. The term of confinement in prison portion is subject to extension under s. 302.113 (3) and, if applicable, to reduction under s. 302.045 (3m), 302.05 (3) (c) 2. a., 302.113 (9g), or 973.195 (1r), or adjustment under s. 302.113 (2) (b), 302.1135 (6) (a), or 304.06 (1).

28,3378r Section 3378r. 973.01 (4m) of the statutes is created to read:

973.01 (4m) Discharge from extended supervision. (a) The department may discharge a person from extended supervision after he or she has served 2 years of extended supervision if the person has met the conditions of extended supervision and the reduction is in the interests of justice. This subsection does not apply if the court sentences a person for a violation of s. 940.03, 940.06, 940.11 (1), 940.235, 940.302, 940.31 (1), 940.32 (3), 941.21, 946.465, 948.03 (2) (a), or 948.40 (4) (a) or for an offense against an elderly or vulnerable person, as defined in s. 939.22 (20d), an offense related to ethical government, as defined in s. 939.22 (20m), or an offense related to school safety, as defined in s. 939.22 (20s).

(b) The department shall notify the victim of the person, as defined under s. 950.02 (4) (a), of its intent to discharge the person from extended supervision.

(c) The department may promulgate rules under ch. 227 establishing guidelines and criteria for the exercise of discretion under this section.

28,3381 Section 3381. 973.01 (7) of the statutes is amended to read:

973.01 (7) No discharge Discharge. The department of corrections may not shall discharge a person who is serving a bifurcated sentence from custody, control and supervision until when the person has served the entire bifurcated sentence, as modified under sub. (4m) or s. 302.113 (2) (b) or (9h), 302.1135, or 304.06 (1), if applicable.

28,3381m Section 3381m. 973.01 (8) (a) (intro.) of the statutes is amended to read:

973.01 (8) (a) (intro.) When a court imposes a bifurcated sentence under this section, it shall explain , orally and in writing, all of the following to the person being sentenced:

28,3382 Section 3382. 973.01 (8) (a) 2. of the statutes is amended to read:

973.01 (8) (a) 2. The amount of time the person will serve in prison under the term of confinement in prison portion of the sentence, and the date upon which the person is eligible to be released to extended supervision under s. 302.113 (2) (b) or the date upon which the person may apply for release to extended supervision under s. 304.06.

28,3383 Section 3383. 973.01 (8) (a) 3. of the statutes is amended to read:

973.01 (8) (a) 3. The amount of time the person will spend on extended supervision, assuming that the person does not commit any act that results in the extension of the term of confinement in prison under s. 302.113 (3), and the date upon which the person may be eligible for discharge under sub. (4m).

28,3384 Section 3384. 973.015 (title) of the statutes is amended to read:

973.015 (title) Misdemeanors, special Special disposition.

28,3385 Section 3385. 973.015 (1) (a) of the statutes is amended to read:

973.015 (1) (a) Subject to par. (b) and except as provided in par. (c), when a person is under the age of 21 25 at the time of the commission of an offense for which the person has been found guilty in a court for violation of a law for which the maximum penalty is period of imprisonment for one year or less in the county jail is 6 years or less, the court may order at the time of sentencing that the record be expunged upon successful completion of the sentence if the court determines the person will benefit and society will not be harmed by this disposition. This subsection does not apply to information maintained by the department of transportation regarding a conviction that is required to be included in a record kept under s. 343.23 (2) (a).

28,3386 Section 3386. 973.015 (1) (c) of the statutes is created to read:

973.015 (1) (c) No court may order that a record of a conviction for any of the following be expunged:

1. A Class H felony, if the person has, in his or her lifetime, been convicted of a prior felony offense, or if the felony is a violent offense, as defined in s. 301.048 (2) (bm), or is a violation of s. 940.32, 948.03 (2) or (3), or 948.095.

2. A Class I felony, if the person has, in his or her lifetime, been convicted of a prior felony offense, or if the felony is a violent offense, as defined in s. 301.048 (2) (bm), or is a violation of s. 948.23.

28,3386m Section 3386m. 973.017 (2) (a) of the statutes is repealed.

28,3387 Section 3387. 973.017 (6) (a) of the statutes is amended to read:

973.017 (6) (a) In this subsection, "person responsible for the welfare of the child" includes the child's parent, stepparent, guardian, foster parent, or treatment foster parent; an employee of a public or private residential home, institution, or agency; any other person legally responsible for the child's welfare in a residential setting; or a person employed by one who is legally responsible for the child's welfare to exercise temporary control or care for the child.

28,3387m Section 3387m. 973.017 (10) of the statutes is repealed.

28,3387t Section 3387t. 973.031 of the statutes is created to read:

973.031 Risk reduction sentence. Whenever a court imposes a sentence for a felony under s. 973.01, the court may order the person it sentences to serve a risk reduction sentence if the court determines that a risk reduction sentence is appropriate and the person agrees to cooperate in an assessment of his or her criminogenic factors and his or her risk of reoffending, and to participate in programming or treatment the department develops for the person under s. 302.042 (1). This section does not apply if the court sentences a person for a violation of s. 940.03, 940.06, 940.11 (1), 940.235, 940.302, 940.31 (1), 940.32 (3), 941.21, 946.465, 948.03 (2) (a), or 948.40 (4) (a) or for a felony murder under s. 940.03, an offense against an elderly or vulnerable person, as defined in s. 939.22 (20d), an offense related to ethical government, as defined in s. 939.22 (20m), or an offense related to school safety, as defined in s. 939.22 (20s).

28,3388 Section 3388. 973.045 (1) (a) of the statutes is amended to read:

973.045 (1) (a) For each misdemeanor offense or count, $60 $67.

28,3389 Section 3389. 973.045 (1) (b) of the statutes is amended to read:

973.045 (1) (b) For each felony offense or count, $85 $92.

28,3390 Section 3390. 973.045 (1r) (a) 2. of the statutes is amended to read:

973.045 (1r) (a) 2. Part B equals $20 $27 for each misdemeanor offense or count and $20 $27 for each felony offense or count.

28,3391 Section 3391. 973.045 (2m) of the statutes is amended to read:

973.045 (2m) The secretary of administration shall credit part A and 26 percent of part B of the crime victim and witness surcharge to the appropriation account under s. 20.455 (5) (g) and 74 percent of part B to the appropriation account under s. 20.455 (5) (gc).

28,3391c Section 3391c. 973.045 (2m) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

973.045 (2m) (a) The secretary of administration shall credit to the appropriation account under s. 20.455 (5) (gc) the first $20 of part B of the crime victim and witness surcharge.

(b) The secretary of administration shall credit to the appropriation account under s. 20.455 (5) (g) part A of the crime victim and witness surcharge and any part of part B of the crime victim and witness surcharge that remains after the secretary of administration complies with par. (a).

28,3392 Section 3392. 973.05 (2m) (r) of the statutes is amended to read:

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

28,3392b Section 3392b. 973.06 (1) (e) of the statutes is amended to read:

973.06 (1) (e) Attorney fees payable to the defense attorney by the county or the state. If the court determines at the time of sentencing that the defendant's financial circumstances are changed, the court may adjust the amount in accordance with s. 977.07 (1) (a) and (2) rules promulgated under s. 977.02 (3).

28,3392d Section 3392d. 973.09 (3) (d) of the statutes is created to read:

973.09 (3) (d) The department may petition the sentencing court to modify a person's period of probation and to discharge the person from probation if the person has completed less than 50 percent of his or her period of probation. The court may modify the person's period of probation and order the person discharged from probation if the person has complied with the conditions of his or her probation, has paid restitution ordered under s. 973.20, and has paid all ordered court costs, fines or forfeitures, and supervision fees.

28,3392s Section 3392s. 973.09 (5) (intro.) of the statutes is amended to read:

973.09 (5) (intro.) When the period of probation for a probationer has expired or a court has modified a probationer's period of probation under sub. (3) (d), the probationer shall be discharged from probation and the department shall do all of the following:

28,3395g Section 3395g. 973.195 (1r) (a) of the statutes is amended to read:

973.195 (1r) (a) An inmate who is serving a sentence imposed under s. 973.01 before the effective date of this paragraph .... [LRB inserts date], for a crime other than a Class B felony may petition the sentencing court to adjust the sentence if the inmate has served at least the applicable percentage 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.

28,3395r Section 3395r. 973.195 (1r) (j) of the statutes is created to read:

973.195 (1r) (j) An inmate who submits a petition under this subsection may not apply under s. 304.06 (1) (bg) 3. or 4. for release to extended supervision for any crime committed prior to the effective date of this paragraph .... [LRB inserts date].

28,3395t Section 3395t. 973.20 (9m) of the statutes is repealed.

28,3396 Section 3396. 974.07 (4) (b) of the statutes is amended to read:

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 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).

28,3397 Section 3397. 976.03 (23) (c) of the statutes is amended to read:

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.

28,3398r Section 3398r. 977.02 (3) of the statutes is renumbered 977.02 (3) (intro.) and amended to read:

977.02 (3) (intro.) Promulgate rules regarding the determination of indigency of persons entitled to be represented by counsel, other than 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. The rules shall specify that, in determining indigency, the representative of the state public defender shall do all of the following:

28,3398t Section 3398t. 977.02 (3) (a) to (d) of the statutes are created to read:

977.02 (3) (a) Consider the anticipated costs of effective representation for the type of case in which the person seeks representation.

(b) Subject to par. (d), consider assets in the manner described in s. 49.145 (3) (a) and treat assets as available to the person to pay the costs of legal representation if they exceed the resource limitation under s. 49.145 (3) (a), except that the representative of the state public defender shall exclude only the first $30,000 of the equity value of the home that serves as the person's homestead.

(c) Subject to par. (d), treat income as available to pay the costs of legal representation to the person only if it exceeds the income limitations in s. 49.145 (3) (b).

(d) Treat assets or income of the person's spouse as the person's assets or income, unless the spouse was the victim of a crime that the person allegedly committed.

28,3399 Section 3399. 977.02 (9) of the statutes is created to read:

977.02 (9) Promulgate rules establishing the maximum fees that the state public defender may pay for copies, in any format, of materials that are subject to discovery in cases in which the state public defender or counsel assigned under s. 977.08 provides legal representation. In promulgating the rules under this subsection, the board shall consider information regarding the actual, necessary, and direct cost of producing copies of materials that are subject to discovery.

28,3400 Section 3400. 977.05 (4) (jm) of the statutes is amended to read:

977.05 (4) (jm) At the request of an inmate determined by the state public defender to be indigent or upon referral of a court the department of corrections under s. 302.113 (9g) (j) 302.1135 (10), represent the inmate in proceedings for modification of a bifurcated sentence under s. 302.113 (9g) before a program review committee and the sentencing court 302.1135 before the earned release review commission, if the state public defender determines the case should be pursued.

28,3400g Section 3400g. 977.06 (1) (a) of the statutes is amended to read:

977.06 (1) (a) Verify the information necessary to determine indigency under s. 977.07 (2) rules promulgated under s. 977.02 (3). 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.

28,3400i Section 3400i. 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 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) rules promulgated under s. 977.02 (3) at its fair market value at the time it was disposed of, minus the amount of compensation received for the asset.

28,3400k Section 3400k. 977.07 (2) of the statutes is repealed.

28,3400n Section 3400n. 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.

28,3400p Section 3400p. 977.10 of the statutes is created to read:

977.10 Assistant state public defender retention pay. (1) Each fiscal year, the state public defender shall report to the attorney general the number of full-time equivalent assistant state public defender positions that are filled as of June 30th of that year.

(2) (a) In this subsection "amount per full-time equivalent position" means the amount transferred by the attorney general under s. 165.03 (2) (c) in a fiscal year divided by the number of full-time equivalent assistant state public defender positions that are filled as of June 30th of that year.

(b) If the attorney general transfers moneys under s. 165.03 (1) for retention pay in a fiscal year, the state public defender shall, from the appropriation under s. 20.550 (1) (kb), pay each individual who is a full-time equivalent assistant state public defender on June 30th the amount per full-time equivalent position and pay each individual who is less than a full-time equivalent assistant state public defender on June 30th a prorated amount of the amount per full-time equivalent position.

28,3400s Section 3400s. 978.12 (1) (c) of the statutes is amended to read:

978.12 (1) (c) Assistant district attorneys. Assistant district attorneys shall be employed outside the classified service. For purposes of salary administration, the director of the office of state employment relations shall establish one or more classifications for assistant district attorneys in accordance with the classification or classifications allocated to assistant attorneys general. Except as provided in sub. (7) (b) and s. 111.93 (3), the salaries of assistant district attorneys shall be established and adjusted in accordance with the state compensation plan for assistant attorneys general whose positions are allocated to the classification or classifications established by the director of the office of state employment relations.

28,3400v Section 3400v. 978.12 (7) of the statutes is created to read:

978.12 (7) Assistant district attorney retention pay. (a) Each fiscal year, the secretary of administration shall report to the attorney general the number of full-time equivalent assistant district attorney positions that are filled as of June 30th of that year.

(b) 1. In this paragraph, "amount per full-time equivalent position" means the amount transferred by the attorney general under s. 165.03 (2) (b) in a fiscal year divided by the number of full-time equivalent assistant district attorney positions that are filled as of June 30th of that year.

2. If the attorney general transfers moneys under s. 165.03 (1) for retention pay in a fiscal year, the secretary of administration shall, from the appropriation under s. 20.475 (1) (kb) and subject to sub. (5) (c), pay each individual who is a full-time equivalent assistant district attorney on June 30th the amount per full-time equivalent position and pay each individual who is less than a full-time equivalent assistant district attorney on June 30th a prorated amount of the amount per full-time equivalent position.

28,3401 Section 3401. 980.036 (10) of the statutes is amended to read:

980.036 (10) Payment of copying costs in cases involving indigent respondents. When the state public defender or a private attorney appointed under s. 977.08 requests copies, in any format, of any item that is discoverable under this section, the state public defender shall pay any fee charged for the copies from the appropriation account under s. 20.550 (1) (a). If the person providing copies under this section charges the state public defender a fee for the copies, the fee may not exceed the actual, necessary, and, direct cost of providing the copies applicable maximum fee for copies of discoverable materials that is established by rule under s. 977.02 (9).

28,3405 Section 3405. 980.11 (1) (b) of the statutes is amended to read:

980.11 (1) (b) "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.

28,3405ay Section 3405ay. 985.03 (1) (am) of the statutes is created to read: