961.41 (5) (c) 2. All moneys in excess of $850,000 and up to $1,275,000 plus one-third of moneys in excess of $1,275,000 collected in each fiscal year from drug surcharges under this subsection shall be credited to the appropriation account under s. 20.505 (6) (ku) 20.455 (2) (kv).
20,2341
Section
2341. 961.472 (5) (b) of the statutes is amended to read:
961.472 (5) (b) The person is participating in a substance abuse treatment program that meets the requirements of s. 16.964 (12) (c) 165.95 (3), as determined by the office of justice assistance department of justice under s. 16.964 (12) (i) 165.95 (9) and (10).
20,2342
Section
2342. 967.11 (1) of the statutes is amended to read:
967.11 (1) In this section, "approved substance abuse treatment program" means a substance abuse treatment program that meets the requirements of s. 16.964 (12) (c) 165.95 (3), as determined by the office of justice assistance department of justice under s. 16.964 (12) (i) 165.95 (9) and (10).
20,2342c
Section 2342c. 969.02 (2) of the statutes is amended to read:
969.02 (2) In lieu of release pursuant to sub. (1), the judge may require the execution of an appearance bond with sufficient solvent sureties, or the deposit of cash in lieu of sureties. If the judge requires the execution of an appearance bond under this subsection, he or she shall determine whether the bond may be posted by a bail bond agent or bail bond agency that is licensed under s. 440.282 (1) or (2). If the judge requires a deposit of cash in lieu of sureties, the person making the cash deposit shall be given written notice of the requirements of sub. (6).
20,2342g
Section 2342g. 969.03 (1) (d) of the statutes is amended to read:
969.03 (1) (d) Require the execution of an appearance bond with sufficient solvent sureties, or the deposit of cash in lieu of sureties. If the judge requires the execution of an appearance bond under this paragraph, he or she shall determine whether the bond may be posted by a bail bond agent or bail bond agency that is licensed under s. 440.282 (1) or (2). If the judge requires a deposit of cash in lieu of sureties, the person making the cash deposit shall be given written notice of the requirements of sub. (4).
20,2342n
Section 2342n. 969.12 (1) of the statutes is repealed.
20,2342r
Section 2342r. 969.12 (2) of the statutes is amended to read:
969.12 (2) A surety under this chapter shall be a natural person, except who is a resident of this state or a surety under s. 345.61 or, subject to s. 969.02 (2) or 969.03 (1) (d), a bail bond agent or bail bond agency that is licensed under s. 440.282 (1) or (2). No surety under this chapter may be compensated for acting as such a surety, except that a bail bond agent or bail bond agency that is licensed under s. 440.282 (1) or (2) shall be compensated at a rate of 10 percent of the amount of the bond set.
20,2342w
Section 2342w. 969.15 of the statutes is created to read:
969.15 Pretrial release; reports. (1) The director of state courts shall create and make available to the clerks of court in Dane, Kenosha, Milwaukee, Racine, and Waukesha counties forms for reporting under this section and shall prescribe a schedule for the clerks of court to return the completed forms. The director of state courts shall require, at a minimum, annual reports from the clerks of the counties.
(2) The clerks of court in Dane, Kenosha, Milwaukee, Racine, and Waukesha counties shall, using the forms provided by the director of state courts and according to the schedule prescribed by the director of state courts, provide the following information to the director of state courts:
(a) The number of persons charged in the county released pursuant to s. 969.02 (1).
(b) The number of persons charged in the county released pursuant to s. 969.02 (2) and the amount of the appearance bond required. For each person released pursuant to s. 969.02 (2) who used a surety, whether the surety is a natural person, a surety under s. 345.61, or a bail bond agent or bail bond agency that is licensed under s. 440.282 (1) or (2).
(c) The number of persons charged in the county released pursuant to s. 969.03 (1) without bail or upon the execution of an unsecured appearance bond.
(d) The number of persons charged in the county released pursuant to s. 969.03 (1) upon the execution of an appearance bond under s. 969.03 (1) (d), and the amount of the appearance bond required. For each person released pursuant to s. 969.03 (1) upon the execution of an appearance bond under s. 969.03 (1) (d) who used a surety, whether the surety is a natural person, a surety under s. 345.61, or a bail bond agent or bail bond agency that is licensed under s. 440.282 (1) or (2).
(e) The number of court orders entered under s. 969.13 (1) because a person failed to make a required court appearance and, for each order counted under this paragraph, whether the person who forfeited bail had used a surety who is a natural person, a surety under s. 345.61, or a bail bond agent or bail agency that is licensed under s. 440.282 (1) or (2).
(f) The amounts of bail forfeited and subsequently collected and a description of how the collected amounts were allocated by the clerk of courts and the county treasurer.
(g) The amounts of bail forfeited and not collected.
(h) The disposition of the case against every person subject to an order counted under par. (e), including a statement as to whether, when, and by whom the person was located after he or she failed to make a required court appearance.
(i) A statement as to the time and cost expended by the county to locate a person subject to an order counted under par. (e).
(3) The director of state courts shall, no later than 4 years and 4 months after the effective date of this subsection .... [LRB inserts date], submit to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), a report summarizing the reports prepared by the clerks of court pursuant to sub. (2).
20,2343
Section
2343. 970.02 (8) of the statutes is created to read:
970.02 (8) If the offense charged is a felony, the judge shall determine if a biological specimen has been obtained from the defendant under s. 165.84 (7), and, if not, the judge shall direct that a law enforcement agency or tribal law enforcement agency obtain a biological specimen from the defendant and submit it to the state crime laboratories as specified in rules promulgated by the department of justice under s. 165.76 (4). If the judge requires the defendant to provide a specimen under this subsection or if a biological specimen has already been obtained from the defendant, the judge shall inform the defendant that he or she may request expungement under s. 165.77 (4).
20,2344
Section 2344. 971.17 (1m) (a) of the statutes is renumbered 971.17 (1m) (a) 1. and amended to read:
971.17 (1m) (a) 1. If the defendant under sub. (1) is found not guilty by reason of mental disease or defect for a felony or a violation of s. 165.765 (1), 2011 stats., or of s. 940.225 (3m), 941.20 (1), 944.20, 944.30, 944.31, 944.33 (1), 946.52, or 948.10 (1) (b), the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. The judge shall inform the person that he or she may request expungement under s. 165.77 (4).
20,2344c
Section 2344c. 971.17 (1m) (a) 2. of the statutes is created to read:
971.17 (1m) (a) 2. Biological specimens required under subd. 1. shall be obtained and submitted as specified in rules promulgated by the department of justice under s. 165.76 (4).
20,2345
Section
2345. 973.042 (3) of the statutes is repealed.
20,2346
Section
2346. 973.042 (5) of the statutes is amended to read:
973.042 (5) The secretary of administration shall credit part A of the surcharge to the appropriation account under s. 20.410 (1) (gj). The secretary of administration shall credit part B of the surcharge to the appropriation account under s. 20.455 (2) (5) (gj). The secretary of administration shall credit part C of the surcharge to the appropriation account under s. 20.505 (6) (gj).
20,2347
Section
2347. 973.043 (3) of the statutes is amended to read:
973.043 (3) All moneys collected from drug offender diversion surcharges shall be credited to the appropriation account under s. 20.505 (6) (ku) 20.455 (2) (kv) and used for the purpose of making grants to counties under s. 16.964 (12) 165.95.
20,2348
Section
2348. 973.045 (1) of the statutes is amended to read:
973.045 (1) If a court imposes a sentence or places a person on probation, the court shall impose a crime victim and witness assistance surcharge. A surcharge imposed under this subsection may not be waived, reduced, or forgiven for any reason. The surcharge is the total amount calculated by adding up the amount for every misdemeanor count and every felony count as follows:
(a) For each misdemeanor offense or count on which a conviction occurred, $67.
(b) For each felony offense or count on which a conviction occurred, $92.
20,2349
Section
2349. 973.045 (1r) of the statutes is repealed.
20,2350
Section
2350. 973.045 (2) of the statutes is amended to read:
973.045 (2) After the clerk determines the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under s. 59.25 (3) (f) 2. The secretary of administration shall credit to the appropriation account under s. 20.455 (5) (g) the amount paid to the secretary by the county treasurer under this subsection and any amount collected under sub. (4).
20,2351
Section
2351. 973.045 (2m) of the statutes is repealed.
20,2352
Section
2352. 973.045 (3) of the statutes is repealed.
20,2352m
Section 2352m. 973.0455 of the statutes is created to read:
973.0455 Crime prevention funding board surcharge. (1) If a court imposes a sentence or places a person on probation, the court shall impose a crime prevention funding board surcharge. The surcharge is the total amount calculated by adding up, for each misdemeanor or felony count on which a conviction occurred, $20.
(2) After the clerk determines the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (n). The county treasurer shall then distribute the moneys under s. 59.25 (3) (gm).
20,2353
Section
2353. 973.046 (1g) of the statutes is repealed.
20,2354
Section
2354. 973.046 (1r) of the statutes is renumbered 973.046 (1r) (intro.) and amended to read:
973.046 (1r) (intro.) If a court imposes a sentence or places a person on probation for a violation of s. 940.225, 948.02 (1) or (2), 948.025, 948.085, the court shall impose a deoxyribonucleic acid analysis surcharge of $250., calculated as follows:
20,2355
Section
2355. 973.046 (1r) (a) and (b) of the statutes are created to read:
973.046 (1r) (a) For each conviction for a felony, $250.
(b) For each conviction for a misdemeanor, $200.
20,2356
Section
2356. 973.047 (1f) of the statutes is amended to read:
973.047 (1f) If a court imposes a sentence or places a person on probation for a felony conviction or for a conviction for a violation of s. 165.765 (1), 940.225 (3m), 944.20, or 948.10 (1) (b), the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. The court shall inform the person that he or she may request expungement under s. 165.77 (4).
20,2357
Section
2357. 973.047 (1m) of the statutes is amended to read:
973.047 (1m) The results from deoxyribonucleic acid analysis of a specimen provided under this section may be used only as authorized under s. 165.77 (3). The state crime laboratories shall destroy any such specimen in accordance with s. 165.77 (3).
20,2358
Section
2358. 973.047 (2) of the statutes is amended to read:
973.047 (2) The department of justice shall promulgate rules providing for procedures for defendants to provide specimens when Biological samples required
to do so under this section and for the transportation of those specimens to the state crime laboratories for analysis under s. 165.77 sub. (1f) shall be obtained and submitted as specified in rules promulgated by the department of justice under s. 165.76 (4).
20,2358d
Section 2358d. 973.05 (2m) (c) of the statutes is amended to read:
973.05 (2m) (c) To payment of part A of the crime victim and witness assistance surcharge imposed before the effective date of this paragraph .... [LRB inserts date], until paid in full.
20,2358f
Section 2358f. 973.05 (2m) (d) of the statutes is amended to read:
973.05 (2m) (d) To payment of part B of the crime victim and witness assistance surcharge imposed before the effective date of this paragraph .... [LRB inserts date], until paid in full.
20,2358h
Section 2358h. 973.05 (2m) (dg) of the statutes is amended to read:
973.05 (2m) (dg) To payment of part C of the crime victim and witness assistance surcharge imposed before the effective date of this paragraph .... [LRB inserts date], until paid in full.
20,2358k
Section 2358k. 973.05 (2m) (dr) of the statutes is created to read:
973.05 (2m) (dr) To payment of the crime victim and witness surcharge imposed on or after the effective date of this paragraph .... [LRB inserts date], until paid in full.
20,2358m
Section 2358m. 973.05 (2m) (jr) of the statutes is created to read:
973.05 (2m) (jr) To payment of the crime prevention funding board surcharge until paid in full.
20,2359
Section
2359. 973.09 (3) (bg) of the statutes is created to read:
973.09 (3) (bg) 1. At least 90 days before the expiration date of a probationer's period of probation, the department shall notify the sentencing court and district attorney that a probationer owes an unpaid surcharge imposed under s. 973.045. Upon receiving notice from the department, the court shall schedule a probation review hearing to be held before the expiration date of the period of probation unless the probationer either pays the unpaid surcharge before the scheduled hearing date or voluntarily waives the hearing. A waiver of a probation review hearing under this paragraph must include an acknowledgment by the probationer that waiver may result in an extension of the probation period, a modification of the terms and conditions of probation, or a revocation of probation.
2. If the court does not extend probation, the court shall issue a judgment for the unpaid surcharge and direct the clerk of circuit court to file and enter the judgment in the judgment and lien docket. The judgment has the same force and effect as judgments entered under s. 806.10.
3. At a probation review hearing scheduled under subd. 1., the department has the burden of proving that the probationer owes an unpaid surcharge imposed under s. 973.045 and the amount of the unpaid surcharge. If the department proves by a preponderance of the evidence that the probationer owes an unpaid surcharge under s. 973.045, the court may, by order, extend the period of probation for a stated period or modify the terms and conditions of probation.
4. If the court does not extend or modify the terms of probation under subd. 3., the court shall issue a judgment for the unpaid surcharge and direct the clerk of circuit court to file and enter the judgment in the judgment and lien docket without fee. If the court issues a judgment for the unpaid surcharge, the court shall send to the department a written notification that a civil judgment has been issued for the unpaid fees. The judgment has the same force and effect as judgments entered under s. 806.10.
20,2360
Section
2360. 973.155 (1m) of the statutes is amended to read:
973.155 (1m) A convicted offender shall be given credit toward the service of his or her sentence for all days spent in custody as part of a substance abuse treatment program that meets the requirements of s. 16.964 (12) (c) 165.95 (3), as determined by the office of justice assistance department of justice under s. 16.964 (12) (i) 165.95 (9) and (10), for any offense arising out of the course of conduct that led to the person's placement in that program.
20,2360m
Section 2360m. 978.12 (1) (b) of the statutes is amended to read:
978.12 (1) (b) Deputy district attorneys. Deputy district attorneys shall be employed outside the classified service. The state shall establish and adjust the salaries of deputy district attorneys in accordance with s. 230.12 (10) and the state compensation plan.
20,2360w
Section 2360w. 980.063 (1) (a) of the statutes is amended to read:
980.063 (1) (a) If a person is found to be a sexually violent person under this chapter, the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. The court shall inform the person that he or she may request expungement under s. 165.77 (4).
20,2361
Section
2361. 980.063 (1) (b) of the statutes is amended to read:
980.063 (1) (b) The results from deoxyribonucleic acid analysis of a specimen under par. (a) may be used only as authorized under s. 165.77 (3). The state crime laboratories shall destroy any such specimen in accordance with s. 165.77 (3).
20,2362
Section
2362. 980.063 (2) of the statutes is amended to read:
980.063 (2) The department of justice shall promulgate rules providing for procedures for defendants to provide specimens Biological samples required under sub. (1) and for the transportation of those specimens to the state crime laboratories for analysis under s. 165.77 (a) shall be obtained and submitted as specified in rules promulgated by the department of justice under s. 165.76 (4).
20,2363
Section
2363. 995.10 (1) (i) 1. d. of the statutes is created to read:
995.10 (1) (i) 1. d. Owns an automated roll-your-own machine that is used to make cigarettes, not including an individual who owns a roll-your-own machine and uses the machine in his or her home solely to make cigarettes for his or her personal use or for the use of other individuals who live in his or her home.
