Amendment ASA1-AB64

AB64-ASA1,934,14 961.443 (2) (b) 2. If an aided person is subject to prosecution under s. 946.49 for bail jumping, under s. 961.573 for the possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a controlled substance or a controlled substance analog, or under s. 961.69 (2) for possession of a masking agent under the circumstances surrounding or leading to an aider's commission of an act described in sub. (1) that occurs on or after July 19, 2017, the district attorney shall offer the aided person a deferred prosecution agreement that includes the completion of a treatment program. This subdivision does not apply to an aided person who is on parole, probation, or extended supervision and fails to meet a condition under subd. 1.

AB64-ASA1,2251y Section 2251y. 967.06 (2) (b) of the statutes is amended to read:

AB64-ASA1,934,19 967.06 (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, or 980, the person shall be referred for appointment of counsel as provided under s. 48.23 (4), 51.60, 55.105, or 938.23 (4), or 980.03 (2) (a), whichever is applicable.

AB64-ASA1,2252 Section 2252 . 967.06 (3) of the statutes is amended to read:

AB64-ASA1,935,2 967.06 (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) (a), compensate the court reporter or clerk of circuit court for the cost of preparing, handling, duplicating, and mailing the documents.

AB64-ASA1,2253 Section 2253 . 970.05 (2) (b) of the statutes is amended to read:

AB64-ASA1,935,8 970.05 (2) (b) When a transcript is requested under sub. (1) by the state public defender or by a private attorney appointed under s. 977.08, the state public defender shall pay the cost of the original from the appropriation under s. 20.550 (1) (f) (a) and any additional copies shall be paid for at the statutory rate by the party requesting the copies.

AB64-ASA1,2254 Section 2254 . 971.23 (10) of the statutes is amended to read:

AB64-ASA1,935,17 971.23 (10) Payment of copying costs in cases involving indigent defendants. 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) (f) (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 applicable maximum fee for copies of discoverable materials that is established by rule under s. 977.02 (9).

AB64-ASA1,2255 Section 2255 . 973.013 (3m) of the statutes is amended to read:

AB64-ASA1,936,11 973.013 (3m) If a person who has not attained the age of 16 18 years is sentenced to the Wisconsin state prisons, the department shall place the person at a juvenile correctional facility or a secured residential care center for children and youth, unless the department determines that placement in an institution under s. 302.01 is appropriate based on the person's prior record of adjustment in a correctional setting, if any; the person's present and potential vocational and educational needs, interests and abilities; the adequacy and suitability of available facilities; the services and procedures available for treatment of the person within the various institutions; the protection of the public; and any other considerations promulgated by the department by rule. The department may not place any person under the age of 18 years in the correctional institution authorized in s. 301.16 (1n). This subsection does not preclude the department from designating an adult correctional institution, other than the correctional institution authorized in s. 301.16 (1n), as a reception center for the person and subsequently transferring the person to a juvenile correctional facility or a secured residential care center for children and youth. Section 302.11 and ch. 304 apply to all persons placed in a juvenile correctional facility or a secured residential care center for children and youth under this subsection.

AB64-ASA1,2255p Section 2255p. 973.046 (3) of the statutes is amended to read:

AB64-ASA1,936,15 973.046 (3) All moneys collected from deoxyribonucleic acid analysis surcharges shall be deposited by the secretary of administration as specified in s. 20.455 (2) (Lm) (Lp) and utilized under s. 165.77.

AB64-ASA1,2257e Section 2257e. 977.02 (2m) of the statutes is amended to read:

AB64-ASA1,936,20 977.02 (2m) Promulgate rules regarding eligibility for legal services under this chapter, including legal services for 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), or 980.03 (2) (a).

AB64-ASA1,2257f Section 2257f. 977.02 (3) (intro.) of the statutes is amended to read:

AB64-ASA1,937,3 977.02 (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, or 980.03 (2) (a) 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:

AB64-ASA1,2257g Section 2257g. 977.05 (4) (gm) of the statutes is amended to read:

AB64-ASA1,937,11 977.05 (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 persons who are entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, or 980.03 (2) (a), 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.

AB64-ASA1,2257h Section 2257h. 977.05 (4) (h) of the statutes is amended to read:

AB64-ASA1,937,18 977.05 (4) (h) Accept requests for legal services from persons who are entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, or 980.03 (2) (a) 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.

AB64-ASA1,2257i Section 2257i. 977.05 (4) (i) 9. of the statutes is created to read:

AB64-ASA1,937,21 977.05 (4) (i) 9. Cases involving persons who are subject to petitions under ch. 980.

AB64-ASA1,2257j Section 2257j. 977.06 (2) (a) of the statutes is amended to read:

AB64-ASA1,938,6 977.06 (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, or 980.03 (2) (a), 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 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.

AB64-ASA1,2257k Section 2257k. 977.06 (2) (am) of the statutes is amended to read:

AB64-ASA1,938,13 977.06 (2) (am) 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, or 980.03 (2) (a), 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).

AB64-ASA1,2257L Section 2257L. 977.07 (1) (a) of the statutes is amended to read:

AB64-ASA1,938,19 977.07 (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 person who is entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23 , or 980.03 (2) (a).

AB64-ASA1,2257m Section 2257m. 977.07 (1) (c) of the statutes is amended to read:

AB64-ASA1,939,6 977.07 (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 person who is entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, or 980.03 (2) (a), 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 person who is entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, or 980.03 (2) (a), 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.

AB64-ASA1,2257n Section 2257n. 977.075 (4) of the statutes is amended to read:

AB64-ASA1,939,13 977.075 (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 , or 980.0305 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.

AB64-ASA1,2257o Section 2257o. 977.08 (1) of the statutes is amended to read:

AB64-ASA1,939,20 977.08 (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), or 980.03 (2) (a), 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.

AB64-ASA1,2257p Section 2257p. 977.08 (2) (intro.) of the statutes is amended to read:

AB64-ASA1,939,25 977.08 (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 persons referred under s. 48.23 (4), 51.60, 55.105, or 938.23 (4), or 980.03 (2) (a) and indigent clients in the following:

AB64-ASA1,2258 Section 2258. 977.085 (1) (a) of the statutes is amended to read:

AB64-ASA1,940,3 977.085 (1) (a) Private bar and staff case loads at the trial and appellate levels and expenditures of moneys under s. 20.550 (1) (b) to (d) (a) for the current fiscal year.

AB64-ASA1,2259 Section 2259 . 977.085 (1) (b) of the statutes is amended to read:

AB64-ASA1,940,7 977.085 (1) (b) Projections for the private bar and staff case loads at the trial and appellate levels and for expenditures of moneys under s. 20.550 (1) (b) to (d) (a) for the remainder of the current fiscal year and for the next fiscal year.

AB64-ASA1,2260 Section 2260 . 977.085 (1m) of the statutes is amended to read:

AB64-ASA1,940,11 977.085 (1m) The projections under sub. (1) (b) shall include the number of cases projected to be assigned to the private bar and the number of cases for which reimbursement will be made under s. 20.550 (1) (d) (a).

AB64-ASA1,2261 Section 2261 . 977.085 (2) (intro.) of the statutes is amended to read:

AB64-ASA1,940,17 977.085 (2) (intro.) If the projections under sub. (1) (b) indicate that moneys are being expended under s. 20.550 (1) (d) (a) at a rate which will deplete the appropriation prior to the end of the current fiscal year, the board shall include in the report a plan to address the problem. The plan shall include proposals for one or more of the following:

AB64-ASA1,2261d Section 2261d. 977.085 (3) of the statutes is amended to read:

AB64-ASA1,941,2 977.085 (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, 977.075 and, 977.076, and 980.0305, 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.

AB64-ASA1,2261g Section 2261g. 978.001 (1b), (1d) and (1n) of the statutes are created to read:

AB64-ASA1,941,4 978.001 (1b) “Board" means the prosecutor board.

AB64-ASA1,941,6 (1d) “Executive director" means the executive director appointed under s. 978.003 (3).

AB64-ASA1,941,7 (1n) “Office" means the state prosecutors office.

AB64-ASA1,2261h Section 2261h. 978.001 (1p) of the statutes is repealed.

AB64-ASA1,2261j Section 2261j. 978.003 of the statutes is created to read:

AB64-ASA1,941,10 978.003 Board; duties. The board shall do all of the following:

AB64-ASA1,941,12 (1) Submit the budget in accordance with s. 16.42 after the executive director submits the budget to the board and the board approves it.

AB64-ASA1,941,14 (2) At least annually submit to the joint committee on finance recommendations on the allocation of prosecutor resources.

AB64-ASA1,941,16 (3) Appoint an attorney with experience in criminal prosecution as the executive director of the office.

AB64-ASA1,941,17 (4) Oversee, and set policy initiatives for, the executive director.

AB64-ASA1,941,19 (5) Review existing law or proposed legislation and make recommendations to the legislature.

AB64-ASA1,2261L Section 2261L. 978.004 of the statutes is created to read:

AB64-ASA1,941,22 978.004 State prosecutors office executive director. (1) The executive director shall do all of the following:

AB64-ASA1,941,24 (a) Manage and direct the office subject to the policy initiatives set under s. 978.003 (4).

AB64-ASA1,942,2 (b) Prepare and submit to the board for its approval a budget and any personnel and employment policies that the board requires.

AB64-ASA1,942,4 (c) Prepare and submit to the board and other appropriate persons an annual report of the activities of the office in the form that the board directs.

AB64-ASA1,942,6 (d) Represent the board before the governor, the legislature, bar associations, courts, and other appropriate entities.

AB64-ASA1,942,13 (e) Appoint in the classified service an executive assistant and all other employees of the office. Before making an appointment under this paragraph, the executive director shall notify the board of any prospective appointment. If the board does not object to the prospective appointment within 7 working days after notification, the executive director may make the appointment. If the board objects to a prospective appointment, the executive director may not make the appointment until the board approves it.

AB64-ASA1,942,21 (f) Prepare fiscal estimates on bills affecting prosecutors or the office, including bills modifying or creating crimes or sentencing practices. To prepare a fiscal estimate, the executive director shall consult with and obtain data from district attorneys. The executive director shall transmit a draft fiscal estimate to the board. If the board does not object to the draft fiscal estimate within 7 working days after receiving it, the executive director may submit the fiscal estimate. If the board objects to a draft fiscal estimate, the executive director may not submit the fiscal estimate until the board approves it.

AB64-ASA1,942,24 (2) The executive director may identify methods and practices for district attorneys that promote professional competence, ethical practices, and evidence-based practices.

AB64-ASA1,2261m Section 2261m. 978.005 of the statutes is created to read:

AB64-ASA1,943,6 978.005 Limits on board and executive director. Neither the board nor the executive director may make any decision regarding the handling of any case nor interfere with any district attorney in carrying out professional duties. Neither the board nor the office may interfere with or infringe upon the autonomy of a district attorney or upon the authority of a district attorney to manage his or her own prosecutorial unit.

AB64-ASA1,2261o Section 2261o. 978.03 of the statutes is amended to read:

AB64-ASA1,943,18 978.03 Deputies and assistants in certain prosecutorial units. (1) The district attorney of any prosecutorial unit having a population of 500,000 or more may appoint 7 deputy district attorneys and such assistant district attorneys as may be requested by the department of administration, or by the board, and authorized in accordance with s. 16.505. The district attorney shall rank the deputy district attorneys for purposes of carrying out duties under this section. The deputies, according to rank, may perform any duty of the district attorney, under the district attorney's direction. In the absence or disability of the district attorney, the deputies, according to rank, may perform any act required by law to be performed by the district attorney. Any such deputy must have practiced law in this state for at least 2 years prior to appointment under this section.

AB64-ASA1,944,4 (1m) The district attorney of any prosecutorial unit having a population of 200,000 or more but not more than 499,999 may appoint 3 deputy district attorneys and such assistant district attorneys as may be requested by the department of administration, or by the board, and authorized in accordance with s. 16.505. The district attorney shall rank the deputy district attorneys for purposes of carrying out duties under this section. The deputies, according to rank, may perform any duty of the district attorney, under the district attorney's direction. In the absence or disability of the district attorney, the deputies, according to rank, may perform any act required by law to be performed by the district attorney. Any such deputy must have practiced law in this state for at least 2 years prior to appointment under this section.

AB64-ASA1,944,13 (2) The district attorney of any prosecutorial unit having a population of 100,000 or more but not more than 199,999 may appoint one deputy district attorney and such assistant district attorneys as may be requested by the department of administration, or by the board, and authorized in accordance with s. 16.505. The deputy may perform any duty of the district attorney, under the district attorney's direction. In the absence or disability of the district attorney, the deputy may perform any act required by law to be performed by the district attorney. The deputy must have practiced law in this state for at least 2 years prior to appointment under this section.

AB64-ASA1,944,19 (3) Any assistant district attorney under sub. (1), (1m), or (2) must be an attorney admitted to practice law in this state and, except as provided in s. 978.043 (1), may perform any duty required by law to be performed by the district attorney. The district attorney of the prosecutorial unit under sub. (1), (1m), or (2) may appoint such temporary counsel as may be authorized by the department of administration board.

AB64-ASA1,2261q Section 2261q. 978.045 (1g) of the statutes is amended to read:

AB64-ASA1,945,7 978.045 (1g) A court on its own motion may appoint a special prosecutor under sub. (1r) or a district attorney may request a court to appoint a special prosecutor under that subsection. Before a court appoints a special prosecutor on its own motion or at the request of a district attorney for an appointment that exceeds 6 hours per case, the court or district attorney shall request assistance from a district attorney, deputy district attorney or assistant district attorney from other prosecutorial units or an assistant attorney general. A district attorney requesting the appointment of a special prosecutor, or a court if the court is appointing a special prosecutor on its own motion, shall notify the department of administration, on a form provided by that department, of office that the district attorney's attorney or the court's inability court, whichever is appropriate, is unable to obtain assistance from another prosecutorial unit or from an assistant attorney general.

AB64-ASA1,2261qm Section 2261qm. 978.045 (1r) (bm) (intro.) of the statutes is amended to read:

AB64-ASA1,945,15 978.045 (1r) (bm) (intro.) The judge may appoint an attorney as a special prosecutor at the request of a district attorney to assist the district attorney in the prosecution of persons charged with a crime, in grand jury proceedings, in proceedings under ch. 980, or in investigations. The Except as provided under par. (bp), the judge may appoint an attorney as a special prosecutor only if the judge or the requesting district attorney submits an affidavit to the department of administration attesting that any of the following conditions exists:

AB64-ASA1,2261r Section 2261r. 978.045 (1r) (bm) (intro.) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,945,24 978.045 (1r) (bm) (intro.) The judge may appoint an attorney as a special prosecutor at the request of a district attorney to assist the district attorney in the prosecution of persons charged with a crime, in grand jury proceedings, in proceedings under ch. 980, or in investigations. Except as provided under par. (bp), the judge may appoint an attorney as a special prosecutor only if the judge or the requesting district attorney submits an affidavit to the department of administration office attesting that any of the following conditions exists:

AB64-ASA1,2261rm Section 2261rm. 978.045 (1r) (bp) of the statutes is created to read:

AB64-ASA1,946,5 978.045 (1r) (bp) The judge may appoint an attorney as a special prosecutor to assist the district attorney in counties with a population of less than 45,000 if the department of administration certifies that the county has a significant case backlog and if a petition for such an appointment is approved by the affected county board. This paragraph does not apply after December 31, 2019.

AB64-ASA1,2261rt Section 2261rt. 978.045 (1r) (cm) of the statutes is amended to read:

AB64-ASA1,946,12 978.045 (1r) (cm) The judge may not appoint an attorney as a special prosecutor to assist the district attorney in John Doe proceedings under s. 968.26 unless a condition under par. (bm) 1. to 8. exists, par. (bp) applies, or unless the judge determines that a complaint received under s. 968.26 (2) (am) relates to the conduct of the district attorney to whom the judge otherwise would refer the complaint. This paragraph does not prohibit assistance authorized by s. 978.05 (8).

AB64-ASA1,2261s Section 2261s. 978.045 (2) of the statutes is amended to read:

AB64-ASA1,946,24 978.045 (2) If the department of administration office approves the appointment of a special prosecutor under sub. (1r), the court shall fix the amount of compensation for the attorney appointed according to the rates specified in s. 977.08 (4m) (b). The department of administration shall pay the compensation ordered by the court from the appropriation under s. 20.475 (1) (d). The court, district attorney, and the special prosecutor shall provide any information regarding a payment of compensation that the department requests. Any payment under this subsection earns interest on the balance due from the 121st day after receipt of a properly completed invoice or receipt and acceptance of the property or service under the order or contract, whichever is later, at the rate specified in s. 71.82 (1) (a) compounded monthly.

AB64-ASA1,2262 Section 2262 . 978.05 (6) (a) of the statutes is amended to read:

AB64-ASA1,947,13 978.05 (6) (a) Institute, commence or appear in all civil actions or special proceedings under and perform the duties set forth for the district attorney under ch. 980 and ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36, 84.062 (8), 89.08, 103.92 (4), 109.09, 343.305 (9) (a), 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a), 946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties in connection with court proceedings in a court assigned to exercise jurisdiction under chs. 48 and 938 as the judge may request and perform all appropriate duties and appear if the district attorney is designated in specific statutes, including matters within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits the authority of the county board to designate, under s. 48.09 (5), that the corporation counsel provide representation as specified in s. 48.09 (5) or to designate, under s. 48.09 (6) or 938.09 (6), the district attorney as an appropriate person to represent the interests of the public under s. 48.14 or 938.14.