AB452: Bill Text

AB452,4,2 20.515 (1) (ds) Payment of health insurance premiums for individuals who receive compensation for wrongful imprisonment. A sum sufficient to pay the state's share of premium costs for health care benefits and the cost of administering the benefits for individuals under s. 40.515.

AB452, s. 3 Section 3. 20.515 (1) (g) of the statutes is created to read:

AB452,4,8 20.515 (1) (g) Benefit and coverage payments; health care coverage for individuals who receive compensation for wrongful imprisonment. All moneys received from individuals under s. 40.515 who elect to be included in a health care coverage plan under s. 40.51 (6), for the payment of benefits and the cost of administering benefits for the individuals.

AB452, s. 4 Section 4. 40.51 (1) of the statutes is amended to read:

AB452,4,13 40.51 (1) The procedures and provisions pertaining to enrollment, premium transmitted and coverage of eligible employees and individuals eligible for health care coverage under s. 40.515 for health care benefits shall be established by contract or rule except as otherwise specifically provided by this chapter.

AB452, s. 5 Section 5. 40.515 of the statutes is created to read:

AB452,4,19 40.515 Health care coverage for individuals who receive compensation for wrongful imprisonment. (1) Beginning on January 1, 2013, any individual who receives compensation under s. 775.05 after the effective date of this subsection .... [LRB inserts date], may elect coverage under any health care coverage plan offered under s. 40.51 (6) for a period not to exceed 10 years.

AB452,5,2 (2) The individual and the state shall jointly pay the full premium cost of health care coverage and the cost of administering the benefits. The amount that the individual must pay in health insurance premiums shall equal the amount required to be paid by state employees, as determined by the director of the office of state employment relations under s. 40.05 (4) (ah). The remainder of the premium cost for health care coverage for these individuals shall be paid from the appropriation account under s. 20.515 (1) (ds).

AB452, s. 6 Section 6. 71.05 (6) (b) 48. of the statutes is created to read:

AB452,5,8 71.05 (6) (b) 48. Any amount received by an individual, or the individual's estate, from the claims board under s. 775.05 (4), from the legislature under the process described in s. 775.05 (4), or from a financial assistance award granted under s. 808.085, in the taxable year that relates to the year in which the payment is received.

AB452, s. 7 Section 7. 227.03 (5) of the statutes is amended to read:

AB452,5,13 227.03 (5) This chapter does not apply to proceedings of the claims board, except as provided in ss. 775.05 (5), 775.06 (7) and 775.11 (2), and except that proceedings under s. 775.05 are subject to this chapter, unless otherwise provided in s. 775.05.

AB452, s. 8 Section 8. 227.43 (1) (bw) of the statutes is created to read:

AB452,5,16 227.43 (1) (bw) Assign a hearing examiner to preside over each hearing conducted under s. 775.05.

AB452, s. 9 Section 9. 301.051 of the statutes is created to read:

AB452,5,21 301.051 Wrongful conviction; transition plan. Not more than 5 days after a court issues an order for a plan requested by an inmate pursuant to 808.085 (1) (a), the department shall create a transition to release plan for the inmate. The plan shall do all of the following:

AB452,6,2 (1) Provide the inmate with a written list of community resources available to the inmate upon his or her release from prison, including temporary housing and emergency shelters, food banks, education and job assistance, and health care services in the county into which the inmate will be released. The department shall maintain up to date lists with contact information for each county in the state.

AB452,6,5 (2) Provide the inmate with an individual counseling session with a person trained by the department or the county into which the inmate will be released to assist inmates in the transition to release from prison.

AB452,6,8 (3) Schedule an appointment, set for not later than 2 weeks after the inmate's date of release, with a social worker or aid program administrator for the county into which the inmate will be released.

AB452, s. 10 Section 10. 775.05 (2) of the statutes is renumbered 775.05 (2) (a) and amended to read:

AB452,6,19 775.05 (2) (a) Any Except as provided in par. (b), any person who is imprisoned as the result of his or her conviction for a crime in any court of this state, of which crime the person claims to be innocent, and who is released from imprisonment for that crime after March 13, 1980, may petition the claims board for compensation for such imprisonment. Upon Within 5 days after receipt of the petition, the claims board department of administration shall transmit a copy thereof to the prosecutor who prosecuted the petitioner and the judge who sentenced the petitioner for the conviction which is the subject of the claim, or their successors in office, for the information of these persons.

AB452, s. 11 Section 11. 775.05 (2) (b) of the statutes is created to read:

AB452,6,24 775.05 (2) (b) Paragraph (a) does not apply to a person who is imprisoned as the result of his or her conviction for a felony in any court of this state arising from the same course of conduct that resulted in conviction for the crime of which the person claims to be innocent if the person does not claim to be innocent of that felony.

AB452, s. 12 Section 12. 775.05 (3) and (4) of the statutes are amended to read:

AB452,7,17 775.05 (3) After hearing the evidence on the petition, the claims board Upon receipt of a petition under sub. (2) (a), the department of administration shall promptly refer the petition to the division of hearings and appeals. No later than 30 days after the petition is filed, the department of administration or the office of the prosecutor who was responsible for prosecuting the petitioner may file a written request with the claims board for an evidentiary hearing on the petition. If a timely request for a hearing is filed, or if the division concludes that it cannot determine the petitioner's eligibility for compensation without a hearing, the division shall hold a hearing on the petition no later than 60 days after the petition is filed. If no request for a hearing is filed within the time specified in this subsection, and the division is able to determine that the petitioner is eligible for compensation without a hearing, the division shall decide the matter without a hearing, except that the division shall not deny a petition for compensation without affording the petitioner an opportunity for a hearing. The division shall find either that the preponderance of evidence is clear and convincing demonstrates that the petitioner was innocent of the crime for which he or she suffered imprisonment, or that the preponderance of evidence is not clear and convincing does not demonstrate that he or she was innocent.

AB452,8,14 (4) If the claims board division of hearings and appeals finds that the preponderance of evidence demonstrates that the petitioner was innocent and that he or she did not by his or her act or failure to act contribute to bring about the conviction and imprisonment for which he or she seeks compensation, the claims board of the crime for which he or she was imprisoned, the division shall find the amount which will equitably compensate the petitioner, not to exceed $25,000 and at a rate of compensation not greater than $5,000 of $50,000, or the amount determined under sub. (4m), whichever applies, per year, for the imprisonment. Compensation awarded by the claims board In addition, the division shall include find any amount to which the board finds the petitioner is entitled for reasonable, actual attorney fees, together with all costs and disbursements incurred by the petitioner in his or her defense, post-conviction, and compensation proceedings and all fees, surcharges, and restitution paid by the petitioner as a result of his or her arrest and imprisonment. The division shall subtract any moneys received by the petitioner under s. 808.085. If the claims board division finds that the amount it is able to award find is not an adequate compensation it shall submit a report specifying an amount which it considers adequate to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2). Upon conclusion of the proceeding, the division shall transmit its findings and decision to the claims board, which shall award the compensation specified in the decision and order disbursement of the award to the petitioner from the appropriation under s. 20.505 (4) (d).

AB452, s. 13 Section 13. 775.05 (4m) and (4r) of the statutes are created to read:

AB452,8,21 775.05 (4m) On April 1 of each year, the claims board shall adjust the maximum amount specified in sub. (4) to reflect any changes in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, for the 12-month period ending on the preceding December 31. The board shall publish the adjusted amount so determined in the Wisconsin administrative register.

AB452,8,24 (4r) At any hearing conducted under this section, the petitioner may be represented by counsel of his or her own choosing. The department of administration shall represent the interests of the state.

AB452, s. 14 Section 14. 775.05 (5) of the statutes is amended to read:

AB452,9,4 775.05 (5) The claims board shall keep a complete record of its the proceedings in each case petition under this section and of all the evidence related to the petition. The findings and decision of the division of hearings and appeals and the award of the claims board shall be subject to review as provided in ch. 227.

AB452, s. 15 Section 15. 808.085 of the statutes is created to read:

AB452,9,8 808.085 Wrongful conviction; relief. (1) If a court acts under s. 808.08 to release a person from confinement from a prison, the person may petition the court for any or all of the following:

AB452,9,10 (a) A court order directing the department of corrections to create a transition to release plan.

AB452,9,13 (b) A financial assistance award not to exceed 133 percent of the federal poverty level for up to 14 months, or while proceedings under s. 775.05 are pending, whichever is shorter.

AB452,9,16 (c) Sealing of all records related to the case. Records sealed under this section shall be accessible to the person but may not be available for public inspection or through the consolidated court automation program case management system.

AB452,9,20 (2) The court shall, within 10 days after it receives the petition under sub. (1), grant the relief sought if the person's criminal conviction was reversed, set aside, or vacated for reasons not inconsistent with the person's innocence of the crime for which he or she was convicted.

AB452,9,24 (3) If a person who is granted relief under this section is subsequently convicted of the same charges for which he or she was granted relief, or if his or her conviction is reinstated, the person shall repay any financial assistance award granted under this section and all records related to the case shall be unsealed.

AB452,10,6 (4) To the extent it is not contrary to or inconsistent with federal law, financial assistance a person receives pursuant to this section may not be included as income for the purpose of determining whether the person is indigent under rules promulgated under ch. 977 or for the purpose of determining the person's eligibility for any program for which the department of health services or the department of children and families provides services, benefits, or other assistance under ch. 49.

AB452, s. 16 Section 16. 977.05 (4) (jr) of the statutes is created to read:

AB452,10,10 977.05 (4) (jr) At the request of a person determined by the state public defender to be indigent or upon referral of any court, represent the person in proceedings under s. 775.05.

AB452, s. 17 Section 17. 977.05 (4) (jw) of the statutes is created to read:

AB452,10,14 977.05 (4) (jw) At the request of an inmate determined by the state public defender to be indigent or upon referral of any court, represent the person in proceedings under s. 808.085.

AB452, s. 18 Section 18. Initial applicability.

AB452,10,23 (1) This act first applies with respect to petitions filed by persons who are released on or after January 1, 2006, from imprisonment for crimes of which they claim to be innocent. If a person was released from imprisonment on or after January 1, 2006, and accepted compensation from this state for wrongful imprisonment prior to the effective date of this subsection, the person may petition for additional compensation and compensation shall be awarded to the extent payable under section 775.05 of the statutes notwithstanding any release signed by the claimant as a condition precedent to receiving an initial compensation award.

AB452,11,3 (2) The treatment of section 71.05 (6) (b) 48. of the statutes first applies to taxable years beginning on January 1 of the year in which this subsection takes effect, except that if this subsection takes effect after July 31, section 71.05 (6) (b) 48. of the statutes first applies to taxable years beginning on January 1 of the year following the year in which this subsection takes effect.

AB452,11,4 (End)