October 19, 2017 - Introduced by Representatives Kooyenga, Hebl, Anderson,
Berceau, Crowley, Edming, Fields, Goyke, Hintz, Jarchow, Kleefisch,
Kolste, Kremer, Krug, Mursau, Novak, Petryk, Pope, Quinn, Rohrkaste,
Sargent, Sinicki, Spreitzer, C. Taylor, Tittl, Vruwink and Young,
cosponsored by Senators Wanggaard, Risser, L. Taylor, Bewley, Darling,
Johnson, Miller and Ringhand. Referred to Committee on State Affairs.
1An Act to renumber
893.57; to renumber and amend
775.05 (2); to amend
20.505 (4) (d), 40.51 (1), 227.03 (5), 775.05 (3) and (4) and 775.05 (5); and to
20.515 (1) (ds), 20.515 (1) (g), 40.516, 71.05 (6) (b) 53., 227.43 (1) (bw), 4
301.051, 775.05 (2) (b) and (c) and (2m), 775.05 (4c), 775.05 (4d), 775.05 (4g) and 5
(4h), 775.05 (4m) and (4r), 808.085, 893.57 (2), 977.05 (4) (jr) and 977.05 (4) (jw) 6
of the statutes; relating to: claims by and treatment of wrongfully imprisoned
7persons and making appropriations.
Analysis by the Legislative Reference Bureau
This bill does the following: 1) makes changes to the requirements for claims
for state compensation by wrongfully imprisoned persons; and 2) provides health
care coverage and other assistance for such persons. Except as noted below, the bill
initially applies with respect to claims filed by persons who are released on or after
January 1, 1990, from imprisonment for crimes of which they claim to be innocent.
Requirements for claims. Currently, the state claims board is directed to
hear petitions for compensation by persons who are released from imprisonment for
crimes of which they claim to be innocent. The board must find either that the
evidence is clear and convincing that the petitioner was innocent of the crime for
which he or she was imprisoned or that the evidence is not clear and convincing that
he or she was innocent. If the board finds 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 board
must award the petitioner compensation not to exceed $25,000 total nor more than
$5,000 for each year of imprisonment. This amount includes any expenses for
attorney fees, costs, and disbursements incurred by the petitioner. Any award is paid
from state general purpose revenues. If the board determines that it is not able to
award an adequate compensation, the board must submit a report to the legislature
specifying the amount that it considers to be adequate.
This bill provides that when the claims board receives a claim for wrongful
imprisonment filed by a petitioner who has been released from imprisonment and
who claims to be innocent of the crime for which he or she was imprisoned, the board
must refer the petition to the Division of Hearings and Appeals in the Department
of Administration. The bill then allows either DOA or the office of the prosecutor who
prosecuted the petitioner to file a written request with the claims board for a hearing
within 30 days after the original petition is filed with the board. 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 must hold a
hearing within 60 days after the petition is filed. If a timely request for a hearing
is not filed and the division is able to determine that the petitioner is eligible for
compensation without a hearing, the division must decide the matter without a
hearing, except that the division must afford a petitioner an opportunity for a
hearing before denying compensation to the petitioner. If a hearing is held, the bill
allows the petitioner to be represented by a public defender. If a hearing is held, the
division appoints a hearing examiner to hear the petition. If no hearing is held, the
division decides the matter without a hearing.
The hearing examiner makes findings and issues a decision concerning
whether the petitioner is entitled to compensation. Under the bill, the findings must
be based upon the preponderance of evidence (a lesser evidentiary standard than
clear and convincing evidence). The petitioner need not show 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.
If the hearing examiner's finding is in the affirmative, the examiner must
transmit its findings to the claims board, which shall award compensation to the
petitioner in an amount that the board considers to be adequate and the board must
pay that amount to the petitioner. Under the bill, the amount of compensation is
fixed at a rate of $50,000 per year, prorated daily, with a $1,000,000 limit on the total
amount of an award. In addition, subject to the $1,000,000 limit, each award must
include reimbursement for reasonable, actual attorney fees, together with all costs
and disbursements incurred by the petitioner in his or her defense, postconviction,
and compensation proceedings and all fees, surcharges, and restitution paid by the
petitioner as a result of his or her arrest and imprisonment. The $50,000 annual rate
is subject to annual adjustments based on changes in the cost of living. The bill
requires the board to make, every five years, a recommendation to the legislature as
to whether the $1,000,000 limit should be changed.
The bill provides that no person may file a claim for wrongful imprisonment,
or be paid an award for wrongful imprisonment, as a result of a conviction resulting
in imprisonment for a crime if the imprisoned person is also imprisoned for a
conviction for a felony 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 or if the imprisoned person is convicted of a
violent crime, specified in this bill, after his or her release from imprisonment.
The bill also provides that, with certain exceptions, a surviving spouse or
domestic partner, child, parent, or sibling of a person who is entitled to compensation
for wrongful imprisonment but who does not receive payment of an award may,
within one year of the death of that person, file or pursue on behalf of the deceased
person a claim for wrongful imprisonment. Under the bill, any payment that would
have been payable to the deceased person then becomes payable to the individual
who files or pursues the claim, except that if that person is entitled only under the
law governing inheritances to inherit a portion of the estate of a deceased person, the
individual may receive only the same portion of the payment. Any compensation is
independent of any rights that a claimant or any other person may have to inherit
assets under any will of the decedent.
The bill also creates requirements that apply if a person who petitions for
compensation obtains any settlement, judgment, or award against a third party in
a federal or state action for damages related to wrongful imprisonment for the crime
that is the subject of the petition. If a person obtains such a settlement, judgment,
or award in such an action before the claims board pays a claim, the claims board
must subtract the amount of the judgment, settlement, or award from the
compensation. The bill also provides that for any petition filed on or after the
effective date of the bill, the petitioner automatically assigns to the claims board the
petitioner's right to any settlement, judgment, or award obtained against a third
party in such an action. The bill specifies that the assignment is a condition of
eligibility to receive compensation from the claims board. Also, the assignment is
considered to be a statutory lien on the settlement, judgment, or award. The amount
of the lien is equal to the amount of the settlement, judgment, or award, or the
amount of compensation awarded by the claims board, whichever is less.
The bill also provides that if a person who is awarded compensation owes money
for outstanding restitution, court fees, and fines (collectively deductions) related to
any conviction that remains in place and is not subject to a finding of innocence, the
claims board must withhold and deduct from the compensation award any such
money that is owed. The bill requires the prosecutor of such convictions to provide
the claims board with an accounting of all unpaid deductions, and the claims board
must distribute the deductions to the person to whom they are owed.
This bill also extends the statute of limitations for a civil claim for damages
brought by a person who was injured because of an intentional tort that resulted in
an earlier criminal conviction of the person who has received compensation for
wrongful imprisonment for a later crime. Under current law, an injured person must
bring a claim for damages due to an intentional tort within three years after the
cause of action accrues or be barred. Under the bill, an injured person may bring a
claim within three years, or within one year after a defendant receives compensation
for wrongful imprisonment, whichever is later. If the injured person brings his or her
claim more than three years after the cause of action accrues but within one year
after the defendant receives compensation for wrongful imprisonment, the damages
awarded due to the tort may not exceed 50 percent of the total compensation received
for wrongful imprisonment.
In addition, the bill exempts from taxation the payments that an individual, or
his or her estate, receives from the claims board or from the state legislature as a
result of claims board action, or from the state as payment for the individual's health
Health care coverage and other assistance. Under current law, the Group
Insurance Board, attached to the Department of Employee Trust Funds, contracts
on behalf of the state for the purpose of providing health care coverage to state
employees. This bill permits individuals who receive compensation from the state
for wrongful imprisonment and who are not eligible to obtain health care coverage
from an employer to elect, for up to five years, health care coverage under plans
offered by the Group Insurance Board to state employees beginning on January 1,
2019. Under the bill, these individuals would be required to pay the same health
insurance premium amounts that state employees are required to pay, with the
balance of the premium cost paid by the state. During the time before January 1,
2019, this bill makes these individuals eligible for health care benefits through the
Medical Assistance program BadgerCare Plus, if the federal government does not
disapprove of the Department of Health Services providing Medical Assistance to
Under the bill, if a person's conviction for a crime is reversed, set aside, or
vacated on grounds consistent with the person's innocence, and the person is ordered
released from prison by a trial court, the court must grant the person, upon request,
temporary financial assistance, transition assistance from the Department of
Corrections and local aid agencies, and sealing of all records related to his or her
conviction. If the person pursues a successful petition for wrongful imprisonment,
any temporary financial assistance he or she received upon release from prison is
subtracted from any compensation he or she receives for wrongful imprisonment.
Because this bill relates to an exemption from state or local taxes, it may be
referred to the Joint Survey Committee on Tax Exemptions for a report to be printed
as an appendix to the bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
20.505 (4) (d) of the statutes is amended to read:
(d) Claims awards.
A sum sufficient for payment of awards made 2
by the claims board or department of administration under ss. 16.007, 775.05 (4), 3
775.06 and 775.11, awards of financial assistance under s. 808.085,
and awards made 4
by an act of the legislature arising from a claim filed with the claims board which are 5
not directed by law or under s. 16.007 (6m) to be paid from another appropriation.
20.515 (1) (ds) of the statutes is created to read:
(ds) Payment of health insurance premiums for individuals who
8receive compensation for wrongful imprisonment.
A sum sufficient to pay the state's 9
share of premium costs for health care benefits and the cost of administering the 10
benefits for individuals under s. 40.516.
20.515 (1) (g) of the statutes is created to read:
(g) Benefit and coverage payments; health care coverage for
13individuals who receive compensation for wrongful imprisonment.
All moneys 14
received from individuals under s. 40.516 who elect to be included in a health care 15
coverage plan under s. 40.51 (6), for the payment of benefits and the cost of 16
administering benefits for the individuals.
40.51 (1) of the statutes is amended to read:
The procedures and provisions pertaining to enrollment, premium 19
transmitted and coverage of eligible employees and individuals eligible for health
20care coverage under s. 40.516
for health care benefits shall be established by contract 21
or rule except as otherwise specifically provided by this chapter.
40.516 of the statutes is created to read:
2340.516 Health care coverage for individuals who receive
24compensation for wrongful imprisonment. (1)
Beginning on January 1, 2019, 25
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 2
coverage plan offered under s. 40.51 (6) for a period equal to the time he or she was 3
imprisoned, but not to exceed 5 years. An individual who is eligible to obtain health 4
care coverage offered by his or her employer or by the employer of his or her spouse 5
may not elect or continue coverage under this subsection.
The individual and the state shall jointly pay the full premium cost of health 7
care coverage and the cost of administering the benefits under sub. (1). The amount 8
that the individual must pay in health insurance premiums shall equal the amount 9
required to be paid by state employees, as determined by the administrator of the 10
division of personnel management in the department of administration under s. 11
40.05 (4) (ah). The remainder of the premium cost for health care coverage for these 12
individuals shall be paid from the appropriation account under s. 20.515 (1) (ds).
71.05 (6) (b) 53. of the statutes is created to read:
(b) 53. Any amount received by an individual, or the individual's 15
estate, from the claims board under s. 775.05 (4), from the legislature under the 16
process described in s. 775.05 (4), from the state as a result of the state's payment of 17
an individual's premium costs under s. 40.516 (2) to the extent that the amount is 18
recognized by the individual as income, or from a financial assistance award granted 19
under s. 808.085, in the taxable year that relates to the year in which the payment 20
227.03 (5) of the statutes is amended to read:
This chapter does not apply to proceedings of the claims board, 23
except as provided in ss. 775.05 (5),
775.06 (7) and 775.11 (2), and except that
24proceedings under s. 775.05 are subject to this chapter, unless otherwise provided in
227.43 (1) (bw) of the statutes is created to read:
(bw) Assign a hearing examiner to preside over each hearing 3
conducted under s. 775.05.
301.051 of the statutes is created to read:
5301.051 Wrongful imprisonment; transition plan.
Not more than 5 days 6
after a court issues an order under s. 808.085 (1) (a) for a plan requested by an 7
inmate, the department shall create a transition to release plan for the inmate. The 8
plan shall do all of the following:
Provide the inmate with a written list of community resources available to 10
the inmate upon his or her release from prison, including temporary housing and 11
emergency shelters, food banks, education and job assistance, and health care 12
services in the county into which the inmate will be released. The department shall 13
maintain up-to-date lists with contact information for each county in the state.
Provide the inmate with an individual counseling session with a person 15
trained by the department or the county into which the inmate will be released to 16
assist inmates in the transition to release from prison.
Schedule an appointment, set for not later than 2 weeks after the inmate's 18
date of release, for the inmate to meet with a social worker or aid program 19
administrator for the county into which the inmate will be released.
775.05 (2) of the statutes is renumbered 775.05 (2) (a) and 21
amended to read:
(a) Any Except as provided in pars. (b) and (c), any
person who is 23
imprisoned as the result of his or her conviction for a crime in any court of this state, 24
of which crime the person claims to be innocent, and who is released from 25
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 2
petition, the claims board department of administration
shall transmit a copy 3
thereof to the prosecutor who prosecuted the petitioner and the judge who sentenced 4
the petitioner for the conviction which is the subject of the claim, or their successors 5
in office, for the information of these persons.
775.05 (2) (b) and (c) and (2m) of the statutes are created to read:
(b) Paragraph (a) does not apply to a person who is imprisoned as 8
the result of his or her conviction for a felony in any court of this state arising from 9
the same course of conduct that resulted in conviction for the crime of which the 10
person claims to be innocent if the person does not claim to be innocent of that felony.
(c) Paragraph (a) does not apply to a person who is convicted of a violent crime 12
specified in s. 939.632 (1) (e) 1. or 2. after his or her release from imprisonment. A 13
person who is ineligible to petition for compensation under this paragraph is also 14
ineligible to receive any award of compensation that has not been paid.
(a) In this subsection, an individual who has the right to inherit assets 16
of a person is limited to a surviving spouse or domestic partner, child, parent, or 17
sibling, who would have a right to inherit assets of the person under s. 852.01.
(b) Any individual specified in par. (a) who has the right to inherit assets of a 19
person who has the right to petition the claims board for compensation under sub. 20
(2) may, within one year after the death of such a person, exercise the rights of the 21
person to petition for compensation under sub. (2) (a) on behalf of the deceased 22
person. If more than one individual has that right, the individuals having that right 23
may file a joint petition or any individual or individuals may file a petition for 24
whatever portion of the compensation that would otherwise be payable to the 25
deceased person that the individual or individuals would be entitled to receive as an
inheritance had the award been paid before the death of the decedent. If, at the time 2
of death of a person, the person qualified or would qualify to receive compensation 3
under sub. (4) but has not been paid, any such individual or individuals may, within 4
one year of the death of the person, file a claim with the claims board for 5
compensation to be awarded on the decedent's behalf in whatever share of the 6
compensation that was payable to the petitioner that the individual or individuals 7
would be entitled to receive as an inheritance. The claims board shall pay a claim 8
filed by any individual under this subsection if the board determines that the 9
individual or individuals are entitled to be paid under this subsection.
(c) An individual's right to exercise the rights of a deceased person or to file a 11
claim on a decedent's behalf is independent of any right to inherit from the decedent 12
under the decedent's will. Any compensation paid to any individual under this 13
subsection is not a part of the decedent's estate for purposes of the decedent's will.
775.05 (3) and (4) of the statutes are amended to read:
775.05 (3) After hearing the evidence on the petition, the claims board Within
165 days after the claims board receives a petition under sub. (2) (a), the department
17of administration shall refer the petition to the division of hearings and appeals. No
18later than 30 days after the petition is filed, the department of administration or the
19office of the prosecutor who was responsible for prosecuting the petitioner may file
20a written request with the claims board for an evidentiary hearing on the petition.
21The department of administration shall refer the request to the division within 5
22days after the claims board receives the request. If a timely request for a hearing is
23filed, or if the division concludes that it cannot determine the petitioner's eligibility
24for compensation without a hearing, the division shall hold a hearing on the petition
25no later than 60 days after the petition is filed. If no request for a hearing is filed
1within the time specified in this subsection, and the division is able to determine that
2the petitioner is eligible for compensation without a hearing, the division shall decide
3the matter without a hearing, except that the division shall not deny a petition for
4compensation without affording the petitioner an opportunity for a hearing. The
shall find either that the preponderance of
evidence is clear and convincing 6demonstrates
that the petitioner was innocent of the crime for which he or she 7
suffered imprisonment, or that the preponderance of
evidence is not clear and
8convincing does not demonstrate
that he or she was innocent.
If the claims board division of hearings and appeals
finds that the 10preponderance of evidence demonstrates that the
petitioner was innocent and that
11he or she did not by his or her act or failure to act contribute to bring about the
12conviction and imprisonment for which he or she seeks compensation, the claims
13board of the crime for which he or she was imprisoned, the division shall transmit
14its findings to the claims board. The claims board
shall find the amount which will 15
equitably compensate the petitioner, not to exceed $25,000 and
at a rate of 16
compensation not greater than $5,000 of $50,000, or the amount determined under
17sub. (4m) (a), whichever applies,
per year, prorated daily,
for the imprisonment. 18Compensation awarded by the claims board In addition, the claims board
shall 19include find
any amount to which the board finds the
petitioner is entitled for 20reasonable, actual
attorney fees, together with all
costs and disbursements incurred
21by the petitioner in his or her defense, postconviction, and compensation proceedings
22and all fees, surcharges, and restitution paid by the petitioner as a result of his or
23her arrest and imprisonment. The claims board shall subtract any moneys received
24by the petitioner under s. 808.085
. If the claims board finds that the amount it is able 25
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, 2
for distribution to the legislature under s. 13.172 (2). The claims board shall, subject
3to sub. (4g), award the compensation specified in the decision and order
4disbursement, pursuant to sub. (4d), of the award to the petitioner or any other
5individual who is entitled to receive a payment from the appropriation under s.
620.505 (4) (d), except that the total amount of the award may not exceed $1,000,000.
775.05 (4c) of the statutes is created to read:
The claims board shall develop and issue a pamphlet regarding 9
financial information management services to each petitioner or other individual to 10
whom the claims board awards compensation under sub. (4). The pamphlet shall 11
include Internet site addresses or other general contact information for publicly 12
available financial management tools and resources.
775.05 (4d) of the statutes is created to read:
The claims board may award the compensation specified in the 15
decision under sub. (4) in an annuity payable over an amount of time determined by 16
the claims board, but not to exceed the time the petitioner was imprisoned.
775.05 (4g) and (4h) of the statutes are created to read:
(a) As a condition of eligibility for compensation under sub. (4), a 19
petitioner shall automatically assign to the claims board his or her right to any 20
settlement, judgment, or award that may be obtained against any 3rd party in any 21
federal or state action for damages related to wrongful imprisonment for the crime 22
specified in sub. (2) (a). The petition shall, in itself, constitute an assignment by 23
operation of law. The assignment shall be considered a statutory lien on any 24
settlement, judgment, or award received by the petitioner from a 3rd party in an
amount equal to the amount of the settlement, judgment, or award, or the amount 2
of compensation awarded under sub. (4), whichever is less.
(b) If a petitioner obtains, before the claims board awards compensation under 4
sub. (4), a final judgment, settlement, or award for damages in a federal or state 5
action related to wrongful imprisonment for the crime specified in sub. (2) (a), the 6
claims board shall subtract the amount of the judgment, settlement, or award from 7
Once the claims board determines the proper compensation award, but 9
before the award is disbursed, the claims board shall determine the amount owed, 10
if any, by the petitioner for any outstanding restitution, court fees, and fines related 11
to any convictions that remain in place and that are not the subject of a finding of 12
innocence under this section. The prosecutor of such convictions is responsible for 13
providing the claims board with an accounting of all unpaid restitution, court fees, 14
and fines. The claims board shall deduct and withhold from the compensation award 15
any money owed, based on the accounting, before disbursing the compensation, and 16
shall distribute the money withheld to the person to whom it is owed.
775.05 (4m) and (4r) of the statutes are created to read:
(a) On April 1 of each year, the claims board shall adjust the 19
amount of yearly compensation specified in sub. (4) to reflect any changes in the U.S. 20
consumer price index for all urban consumers, U.S. city average, as determined by 21
the U.S. department of labor, for the 12-month period ending on the preceding 22
December 31. The board shall publish the adjusted amount so determined in the 23
Wisconsin Administrative Register.
(b) On January 1, 2022, and once every 5 years thereafter, the claims board 2
shall make a recommendation to the legislature as to whether the dollar amount of 3
the maximum award under sub. (4) should be changed.
At any hearing conducted under this section, the petitioner may be 5
represented by counsel of his or her own choosing. The department of administration 6
shall represent the interests of the state.
775.05 (5) of the statutes is amended to read:
The claims board shall keep a complete record of its the
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 11
the claims board shall be subject to review as provided in ch. 227.
808.085 of the statutes is created to read:
13808.085 Wrongful imprisonment; relief. (1)
If a court acts under s. 808.08 14
to release a person from confinement in a prison, the person may petition the court 15
for any or all of the following:
(a) A court order directing the department of corrections to create a transition 17
to release plan.
(b) A financial assistance award not to exceed 133 percent of the federal poverty 19
level for up to 14 months, or while proceedings under s. 775.05 are pending, 20
whichever is shorter.
(c) Sealing of all records relating to the case. Records sealed under this section 22
shall be available to the person. Records on the consolidated court automation 23
program case management system shall be sealed and inaccessible by the public. 24
Other records sealed under this section may not be made available for public 25
inspection unless the person seeking access to the records files a petition with the
court for access to the records and the court determines that the benefit to the public 2
interest is greater than the harm to the public interest that may result from access 3
to those records.
The court shall, within 10 days after it receives the petition under sub. (1), 5
grant the relief sought if the person's criminal conviction was reversed, set aside, or 6
vacated for reasons not inconsistent with the person's innocence of the crime for 7
which he or she was convicted.
If a person who is granted relief under this section is subsequently convicted 9
of the same charges for which he or she was granted relief, or if his or her conviction 10
is reinstated, the person shall repay any financial assistance award granted under 11
this section and all records related to the case shall be unsealed.
To the extent it is not contrary to or inconsistent with federal law, financial 13
assistance a person receives pursuant to this section may not be included as income 14
for the purpose of determining whether the person is indigent under rules 15
promulgated under ch. 977 or for the purpose of determining the person's eligibility 16
for any program for which the department of health services or the department of 17
children and families provides services, benefits, or other assistance under ch. 49.
893.57 of the statutes is renumbered 893.57 (1).
893.57 (2) of the statutes is created to read:
Notwithstanding sub. (1), an action to recover damages for libel, 21
slander, assault, battery, invasion of privacy, false imprisonment, or other 22
intentional tort brought against a person who has received compensation for a 23
wrongful conviction under s. 775.05 shall proceed as follows:
(a) An action to recover damages for an intentional tort that resulted in a final 25
judgement of conviction for a criminal offense that occurred prior to the offense for
which the individual has been awarded compensation under s. 775.05 shall be 2
brought within 3 years after the cause of action accrues or within one year after 3
compensation is awarded under s. 775.05, whichever is later, or be barred.
(b) If the action to recover damages for an intentional tort is brought later than 5
3 years after the cause of action accrues but within one year after compensation is 6
awarded under s. 775.05, any damages awarded may not exceed 50 percent of the 7
compensation awarded under s. 775.05, and any amounts the exonerated person 8
receives as an annuity under s. 775.05 (4d) shall not be counted as part of the total 9
compensation award but shall be exempt from a damage award for an intentional 10
977.05 (4) (jr) of the statutes is created to read:
(jr) At the request of a person determined by the state public 13
defender to be indigent or upon referral of any court, represent the person in 14
proceedings under s. 775.05.
977.05 (4) (jw) of the statutes is created to read:
(jw) At the request of an inmate determined by the state public 17
defender to be indigent or upon referral of any court, represent the person in 18
proceedings under s. 808.085.