2017 - 2018 LEGISLATURE
February 9, 2018 - Introduced by Representatives Jacque and Horlacher.
Referred to Committee on Corrections.
1An Act to amend
304.074 (3m), 893.40, 973.20 (1r) and 973.20 (10) (b) (intro.); 2
and to create
71.935 (3) (c) and 758.20 of the statutes; relating to: the
3collection of victim restitution.
Analysis by the Legislative Reference Bureau
This bill prohibits the Department of Corrections from collecting supervision
fees from an individual who is or was previously on probation, parole, or supervised
release until all restitution owed by that individual has been paid. Under current
law, DOC may not collect supervision fees from an individual who owes restitution
debt while that person is on probation, parole, or supervised release, but current law
is silent as to whether supervision fees may be collected once that individual is no
longer on probation, parole, or supervised release if a civil judgment has been entered
for that individual's restitution debt.
This bill also directs the director of state courts to ensure that the court system
website organizes restitution by the individual who owes restitution, not by the case
in which restitution is owed, and to apportion all payments made by an individual
across all victims to whom he or she owes restitution. Currently, the court system
website organizes debt by the case in which restitution debt is owed, which allows
an individual making a payment through the website to select which case to pay
This bill changes the statute of limitations for a civil action to enforce a
restitution order so that such an action may be filed at any time. Under current law,
a civil action to enforce a restitution order must be filed within 20 years.
The bill requires that DOC or clerks of courts certify outstanding restitution
debt to the Department of Revenue unless the victim requests that the debt not be
certified. Under current law, clerks of courts may certify restitution debt but are not
required to do so. This bill also requires DOR to begin collection efforts at the time
of certification. Under current law, there is no required time frame in which DOR
must begin collection efforts. The bill also requires DOR to apply collected amounts
to outstanding child support and restitution debt before any other debt.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
71.935 (3) (c) of the statutes is created to read:
(c) If a debtor owes a debt related to victim restitution and other debt 3
certified under sub. (2), the department shall apply amounts collected under this 4
section to debt under s. 49.855 (1) and then to the debt related to victim restitution 5
before any other debt certified under sub. (2).
304.074 (3m) of the statutes is amended to read:
The department may not collect a fee charged under this section 8
until all restitution payments debt in any form
due pursuant to any court
from the probationer, parolee, or person on extended supervision have has 10
758.20 of the statutes is created to read:
12758.20 Consolidated court automation programs. (1)
In this section, 13
“Wisconsin Circuit Court Access Internet site" means the Internet site of the 14
consolidated court automation programs, which is the statewide electronic circuit 15
court case management system established under s. 758.19 (4) and maintained by 16
the director of state courts.
The director of state courts shall ensure the Wisconsin Circuit Court Access 18
Internet site organizes restitution owed under s. 973.20 by the individual who owes
restitution, and not by the case in which restitution is owed. The director of state 2
courts shall ensure that the Wisconsin Circuit Court Access Internet site allocates 3
any payment made through the Internet site first to restitution owed by the 4
individual and allocates any payment proportionately to all victims to whom the 5
individual owes restitution.
893.40 of the statutes is amended to read:
7893.40 Action on judgment or decree; court of record.
Except as provided 8
in ss. 846.04 (2) and (3) and,
893.415, and 973.20 (1r),
action upon a judgment or 9
decree of a court of record of any state or of the United States shall be commenced 10
within 20 years after the judgment or decree is entered or be barred.
973.20 (1r) of the statutes is amended to read:
When imposing sentence or ordering probation for any crime, other 13
than a crime involving conduct that constitutes domestic abuse under s. 813.12 (1) 14
(am) or 968.075 (1) (a), for which the defendant was convicted, the court, in addition 15
to any other penalty authorized by law, shall order the defendant to make full or 16
partial restitution under this section to any victim of a crime considered at 17
sentencing or, if the victim is deceased, to his or her estate, unless the court finds 18
substantial reason not to do so and states the reason on the record. When imposing 19
sentence or ordering probation for a crime involving conduct that constitutes 20
domestic abuse under s. 813.12 (1) (am) or 968.075 (1) (a) for which the defendant was 21
convicted or that was considered at sentencing, the court, in addition to any other 22
penalty authorized by law, shall order the defendant to make full or partial 23
restitution under this section to any victim of a crime or, if the victim is deceased, to 24
his or her estate, unless the court finds that imposing full or partial restitution will 25
create an undue hardship on the defendant or victim and describes the undue
hardship on the record. Restitution ordered under this section is a condition of 2
probation, extended supervision, or parole served by the defendant for a crime for 3
which the defendant was convicted. After the termination of probation, extended 4
supervision, or parole, or if the defendant is not placed on probation, extended 5
supervision, or parole, restitution ordered under this section is enforceable in the 6
same manner as a judgment in a civil action by the victim named in the order to 7
receive restitution, except that an enforcement action may be commenced at any
or restitution may be
enforced under ch. 785.
973.20 (10) (b) (intro.) of the statutes is amended to read:
(b) (intro.) The
department or the clerk of court may shall
an amount owed under par. (a) to the department of revenue unless the victim
12requests that the debt not be certified, and the department of revenue shall begin
if any of the following apply:
(1) The treatment of section 758.20 (2) of the statutes first applies to restitution 16
entered before the effective date of this subsection if information regarding the 17
restitution is available on the Wisconsin Circuit Court Access Internet site, as 18
defined in section 758.20 (1) of the statutes, on the effective date of this subsection.
(2) Notwithstanding section 990.06 of the statutes, the treatment of section 20
893.40 of the statutes first applies to an act for which the time limit under section 21
893.40 of the statutes for commencement of the action has not expired as of the 22
effective date of this subsection.