AB736,2 4Section 2. 758.20 of the statutes is created to read:
AB736,2,9 5758.20 Consolidated court automation programs. (1) In this section,
6“Wisconsin Circuit Court Access Internet site" means the Internet site of the
7consolidated court automation programs, which is the statewide electronic circuit
8court case management system established under s. 758.19 (4) and maintained by
9the director of state courts.
AB736,2,12 10(2) The director of state courts shall ensure the Wisconsin Circuit Court Access
11Internet site provides the department of corrections access to the information
12required to complete the report under s. 973.25 (7).
AB736,3 13Section 3. 895.492 of the statutes is created to read:
AB736,3,2
1895.492 Civil liability exemption; certificate of qualification for
2employment.
(1) In this section:
AB736,3,43 (a) “Employee" has the meaning given in s. 101.01 (3) and also includes a former
4employee.
AB736,3,55 (b) “Employer" has the meaning given in s. 101.01 (4).
AB736,3,9 6(2) An employer who hires an employee who has been issued a certificate of
7qualification for employment under s. 973.25 is immune from liability for the acts or
8omissions of the employee unless the employer, when he or she hired the employee,
9acted maliciously, with gross negligence, or with intent to cause harm.
AB736,4 10Section 4. 973.25 of the statutes is created to read:
AB736,3,12 11973.25 Certificates of qualification for employment. (1) Definitions. In
12this section:
AB736,3,1613 (a) “Certificate of qualification for employment” means a certificate issued by
14the council on offender employment that provides an offender with relief from a
15collateral sanction, except that it does not provide relief from s. 48.685 (5m), 50.065
16(4m), or 111.335 (1) (c), (cg), (cm), (cs), or (d).
AB736,3,2317 (b) “Collateral sanction” means a penalty, ineligibility, disability, or
18disadvantage that is related to employment or to occupational licensing or
19certification and that is a result of the offender's criminal record. “Collateral
20sanction” does not include confinement in a jail or prison; probation, parole, or
21extended supervision; suspension or revocation of motor vehicle operating
22privileges; imposition of a forfeiture, fine, or assessment; costs of prosecution; or an
23order to pay restitution.
AB736,3,2524 (c) “Offender” means a person who has been convicted of a crime other than a
25violent crime, as defined in s. 165.84 (7).
AB736,4,8
1(2) Council on offender employment. The director of state courts shall provide
2forms for use in filing an application for a certificate of qualification for employment
3and shall convene a council on offender employment that shall review applications
4for certificates of qualification for employment. The council shall consist of the
5following 3 members: the attorney general, or his or her designee; the state public
6defender, or his or her designee; and the chairperson of the parole commission, or his
7or her designee. The council shall have the powers, duties, and responsibilities set
8forth in this section.
AB736,4,11 9(3) Eligibility. An offender who has been released from confinement may
10apply for a certificate of qualification for employment under this section if any of the
11following applies:
AB736,4,1312 (a) He or she has served at least 24 consecutive months of a term of confinement
13in prison in the Wisconsin state prisons.
AB736,4,1614 (b) He or she has served at least 12 consecutive months of a term of confinement
15in prison in the Wisconsin state prisons and at least 12 consecutive months of a term
16of extended supervision under s. 302.113.
AB736,4,22 17(4) Procedure. (a) An offender may file an application for a certificate of
18qualification for employment to the council on offender employment on a form to be
19provided by the director of state courts along with an application fee of $20 that shall
20be deposited in the appropriation under s. 20.625 (1) (h). The council may waive the
21fee if the offender submits an affidavit along with the application in which he or she
22swears or affirms that he or she is unable to pay the application fee.
AB736,4,2523 (b) After receiving an application under par. (a), the council on offender
24employment shall request from the department of corrections and the department
25shall provide to the council all of the following information about the offender:
AB736,5,1
11. His or her highest level of education.
AB736,5,22 2. Any treatment he or she has completed.
AB736,5,33 3. Any performance evaluations for his or her work.
AB736,5,44 4. Any risk and needs assessment reports.
AB736,5,65 5. Any other reports of information gathered during the normal course of
6business, as requested by the council.
AB736,5,97 (c) Within 60 days after receiving the information requested under par. (b), the
8council on offender employment shall issue an order granting or denying the
9offender's request for a certificate of qualification for employment.
AB736,5,16 10(5) Granting of certificate; exceptions. The council on offender employment
11shall grant an offender's application for a certificate of qualification for employment
12if the council finds that the offender is not likely to pose a risk to public safety, that
13the certificate will substantially assist the offender in obtaining employment or
14occupational licensing or certification, and that the offender is less likely to commit
15an additional criminal offense if he or she obtains a certificate of qualification for
16employment.
AB736,5,22 17(6) Revocation of certificate of qualification for employment. (a) If an
18offender is convicted of a felony or of a Class A or Class B misdemeanor after he or
19she is issued a certificate of qualification for employment, or if his or her probation,
20parole, or extended supervision is revoked for the commission of a crime, the court
21shall permanently revoke a certificate of qualification for employment issued under
22sub. (5).
AB736,6,223 (b) The court may not revoke an offender's certificate of qualification for
24employment as a sanction for the offender's commission of an act or offense that is
25a violation of a condition of the offender's probation, parole, or extended supervision

1that is not a crime, or if the offender's probation, parole, or extended supervision is
2revoked as a result of the offender's commission of a noncriminal act.
AB736,6,9 3(7) Data collection; report to legislature. The department of corrections
4shall prepare an annual report that includes, for each year, the number of
5applications that are received under this section, the number of certificates of
6qualification for employment that are issued, and the number of certificates of
7qualification for employment that are revoked and the reasons for revocation. The
8department shall submit the report to the chief clerk of each house of the legislature
9for distribution to the legislature under s. 13.172 (2).
AB736,6,1010 (End)
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