Analysis by the Legislative Reference Bureau
This bill creates an independent prosecutor board that oversees and sets
policies for a state prosecutors office, also created in this bill. Under this bill, the
executive director of the state prosecutors office manages the office; prepares
personnel policies, fiscal estimates, and an annual report; and represents the board
before the governor, the legislature, bar associations, and courts. The executive
director may also identify methods and practices for district attorneys that promote
professional competence and ethical practices. Under this bill, the state prosecutors
office assumes duties relating to district attorneys that current law assigns to the
Department of Administration, such as preparing a budget for all of the prosecutorial
units, approving appointments of special prosecutors when needed, and making
requests for assistant district attorneys in certain prosecutorial units. The bill
requires any rule that directly affects the state prosecutors office to be reviewed by
the office and for the office to submit a report on the proposed rule that includes
information about the effect of the proposed rule on the state prosecutors office.
Finally, this bill requires DOA to provide the state prosecutors office with general
access to a case management system currently used by the Department of Justice to
manage case-related information and to share the information among prosecutors.
For further information see the state 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:
SB155,1
1Section
1. 13.093 (2) (a) of the statutes is amended to read:
SB155,3,102
13.093
(2) (a) Any bill making an appropriation, any bill increasing or
3decreasing existing appropriations or state or general local government fiscal
4liability or revenues, and any bill that modifies an existing surcharge or creates a
5new surcharge that is imposed under ch. 814, shall, before any vote is taken thereon
6by either house of the legislature if the bill is not referred to a standing committee,
7or before any public hearing is held before any standing committee or, if no public
8hearing is held, before any vote is taken by the committee, incorporate a reliable
9estimate of the anticipated change in appropriation authority or state or general
10local government fiscal liability or revenues under the bill, including to the extent
11possible a projection of such changes in future biennia. The estimate shall also
12indicate whether any increased costs incurred by the state under the bill can be
13mitigated through the use of contractual service contracts let in accordance with
14competitive procedures. For purposes of this paragraph, a bill increasing or
15decreasing the liability or revenues of the unemployment reserve fund is considered
16to increase or decrease state fiscal liability or revenues. Except as otherwise
17provided by joint rules of the legislature or this paragraph, such estimates shall be
18made by the department or agency administering the appropriation or fund or
19collecting the revenue. The legislative council staff shall prepare the fiscal estimate
1with respect to the provisions of any bill referred to the joint survey committee on
2retirement systems which create or modify any system for, or make any provision for,
3the retirement of or payment of pensions to public officers or employees. The director
4of state courts shall prepare the fiscal estimate with respect to the provisions of any
5bill that modifies an existing surcharge or creates a new surcharge that is imposed
6under ch. 814.
The executive director of the state prosecutors office shall prepare the
7fiscal estimate with respect to the provisions of any bill that affects prosecutors or
8the state prosecutors office, including bills modifying or creating crimes or
9sentencing practices. When a fiscal estimate is prepared after the bill has been
10introduced, it shall be printed and distributed as are amendments.
SB155,2
11Section
2. 13.0967 of the statutes is created to read:
SB155,3,17
1213.0967 Review of bills affecting state prosecutors office. Any bill that
13is introduced in either house of the legislature that directly affects the state
14prosecutors office shall have a notation to that effect on its jacket when the jacket is
15prepared. When a bill that has that notation on the jacket is introduced, the
16legislative reference bureau shall submit a copy of the bill to the state prosecutors
17office.
SB155,3
18Section
3. 15.77 of the statutes is created to read:
SB155,3,20
1915.77 Prosecutor board. There is created a prosecutor board consisting of
2011 members, appointed for staggered 3-year terms, as follows:
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21(1) From each district under s. 752.11 (1) (b), (c), and (d), 2 district attorneys
22appointed by a majority of district attorneys from the district.
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23(2) From the district under s. 752.11 (1) (a), the district attorney and a deputy
24district attorney appointed by the district attorney.
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1(3) Two nonelected prosecutors, each from a different county, appointed by a
2majority of nonelected prosecutors. Under this subsection, “prosecutor” does not
3include a special prosecutor appointed under s. 978.045 or 978.05 (8) (b).
SB155,4,4
4(4) The attorney general or his or her designee.
SB155,4
5Section
4. 16.971 (9) of the statutes is amended to read:
SB155,4,136
16.971
(9) In conjunction with the public defender board,
the prosecutor board, 7the director of state courts,
and the departments of corrections and justice
and
8district attorneys, the department may maintain, promote and coordinate
9automated justice information systems that are compatible among counties and the
10officers and agencies specified in this subsection, using the moneys appropriated
11under s. 20.505 (1) (kh), (kp), and (kq). The department shall annually report to the
12legislature under s. 13.172 (2) concerning the department's efforts to improve and
13increase the efficiency of integration of justice information systems.
SB155,5
14Section
5. 16.971 (10) of the statutes is amended to read:
SB155,4,1815
16.971
(10) The department shall maintain, and provide the department of
16justice
and the state prosecutors office with general access to, a case management
17system that allows
the state prosecutors office and district attorneys to manage all
18case-related information and share the information among prosecutors.
SB155,6
19Section
6. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
20the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB155,7
1Section
7. 20.548 of the statutes is created to read:
SB155,5,3
220.548 Prosecutor board. There is appropriated to the prosecutor board for
3the following program:
SB155,5,6
4(1) Coordination and administration of prosecutor functions. (a)
Program
5administration. The amounts in the schedule for program administration costs of
6the office of state prosecutors.
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(g)
Gifts, grants, and proceeds. All moneys received from gifts and grants and
8all proceeds from services, conferences, and sales of publications and promotional
9materials for the purposes for which made or received.
SB155,8
10Section
8. 20.923 (4) (f) 7x. of the statutes is created to read:
SB155,5,1111
20.923
(4) (f) 7x. State prosecutors office: executive director.
SB155,9
12Section
9. 227.112 of the statutes is created to read:
SB155,6,3
13227.112 Review of rules affecting state prosecutors office. (1) Report
14on rules affecting state prosecutors office. If a proposed rule directly affects the
15state prosecutors office, the agency proposing the rule shall, prior to submitting the
16proposed rule to the legislative council staff under s. 227.15, submit the proposed
17rule to the state prosecutors office. The state prosecutors office shall prepare a report
18on the proposed rule before it is submitted to the legislative council staff under s.
19227.15. The state prosecutors office may request any information from other state
1agencies, local governments, individuals, or organizations that is reasonably
2necessary for the office to prepare the report. The state prosecutors office shall
3prepare the report within 30 days after the rule is submitted to the office.
SB155,6,6
4(2) Findings of the office to be contained in the report. The report of the
5state prosecutors office shall contain information about the effect of the proposed
6rule on the state prosecutors office.
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7(3) Applicability. This section does not apply to emergency rules promulgated
8under s. 227.24.
SB155,10
9Section
10. 227.19 (3) (em) of the statutes is created to read:
SB155,6,1110
227.19
(3) (em) The report of the state prosecutors office, if the proposed rule
11directly affects the state prosecutors office.
SB155,11
12Section
11. 230.08 (2) (qp) of the statutes is created to read:
SB155,6,1313
230.08
(2) (qp) The executive director in the office of state prosecutors.
SB155,12
14Section
12. 230.33 (1) of the statutes is amended to read:
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230.33
(1) A person appointed to an unclassified position by the governor,
16elected officer, judicial body
, or prosecutor board, or by a legislative body or
17committee shall be granted a leave of absence without pay for the duration of the
18appointment and for 3 months thereafter, during which time the person has
19restoration rights to the former position or equivalent position in the department in
20which last employed in a classified position without loss of seniority. The person
21shall also have reinstatement privileges for 5 years following appointment to the
22unclassified service or for one year after termination of the unclassified appointment
23whichever is longer. Restoration rights and reinstatement privileges shall be
24forfeited if the reason for termination of the unclassified appointment would also be
25reason for discharge from the former position in the classified service.
SB155,13
1Section
13. 978.001 (1b), (1d) and (1n) of the statutes are created to read:
SB155,7,22
978.001
(1b) “Board" means the prosecutor board.
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3(1d) “Executive director" means the executive director appointed under s.
4978.003 (3).
SB155,7,5
5(1n) “Office" means the state prosecutors office.
SB155,14
6Section
14. 978.001 (1p) of the statutes is repealed.
SB155,15
7Section
15. 978.003 of the statutes is created to read:
SB155,7,8
8978.003 Board; duties. The board shall do all of the following:
SB155,7,10
9(1) Submit the budget in accordance with s. 16.42 after the executive director
10submits the budget to the board and the board approves it.
SB155,7,12
11(2) At least annually submit to the joint committee on finance
12recommendations on the allocation of prosecutor resources.
SB155,7,14
13(3) Appoint an attorney with experience in criminal prosecution as the
14executive director of the office.
SB155,7,15
15(4) Oversee, and set policy initiatives for, the executive director.
SB155,7,17
16(5) Review existing law or proposed legislation and make recommendations to
17the legislature.
SB155,16
18Section
16. 978.004 of the statutes is created to read:
SB155,7,20
19978.004 State prosecutors office executive director. (1) The executive
20director shall do all of the following:
SB155,7,2221
(a) Manage and direct the office subject to the policy initiatives set under s.
22978.003 (4).
SB155,7,2423
(b) Prepare and submit to the board for its approval a budget and any personnel
24and employment policies that the board requires.
SB155,8,2
1(c) Prepare and submit to the board and other appropriate persons an annual
2report of the activities of the office in the form that the board directs.
SB155,8,43
(d) Represent the board before the governor, the legislature, bar associations,
4courts, and other appropriate entities.
SB155,8,115
(e) Appoint in the classified service an executive assistant and all other
6employees of the office. Before making an appointment under this paragraph, the
7executive director shall notify the board of any prospective appointment. If the board
8does not object to the prospective appointment within 7 working days after
9notification, the executive director may make the appointment. If the board objects
10to a prospective appointment, the executive director may not make the appointment
11until the board approves it.
SB155,8,1912
(f) Prepare fiscal estimates on bills affecting prosecutors or the office, including
13bills modifying or creating crimes or sentencing practices. To prepare a fiscal
14estimate, the executive director shall consult with and obtain data from district
15attorneys. The executive director shall transmit a draft fiscal estimate to the board.
16If the board does not object to the draft fiscal estimate within 7 working days after
17receiving it, the executive director may submit the fiscal estimate. If the board
18objects to a draft fiscal estimate, the executive director may not submit the fiscal
19estimate until the board approves it.
SB155,8,22
20(2) The executive director may identify methods and practices for district
21attorneys that promote professional competence, ethical practices, and
22evidence-based practices.
SB155,17
23Section
17. 978.005 of the statutes is created to read:
SB155,9,4
24978.005 Limits on board and executive director. Neither the board nor
25the executive director may make any decision regarding the handling of any case nor
1interfere with any district attorney in carrying out professional duties. Neither the
2board nor the office may interfere with or infringe upon the autonomy of a district
3attorney or upon the authority of a district attorney to manage his or her own
4prosecutorial unit.
SB155,18
5Section
18. 978.03 of the statutes is amended to read:
SB155,9,16
6978.03 Deputies and assistants in certain prosecutorial units. (1) The
7district attorney of any prosecutorial unit having a population of 500,000 or more
8may appoint 7 deputy district attorneys and such assistant district attorneys as may
9be requested by the department of administration
, or by the board, and authorized
10in accordance with s. 16.505. The district attorney shall rank the deputy district
11attorneys for purposes of carrying out duties under this section. The deputies,
12according to rank, may perform any duty of the district attorney, under the district
13attorney's direction. In the absence or disability of the district attorney, the deputies,
14according to rank, may perform any act required by law to be performed by the
15district attorney. Any such deputy must have practiced law in this state for at least
162 years prior to appointment under this section.
SB155,9,25
17(1m) The district attorney of any prosecutorial unit having a population of
18200,000 or more but not more than 499,999 may appoint 3 deputy district attorneys
19and such assistant district attorneys as may be requested by the department of
20administration
, or by the board, and authorized in accordance with s. 16.505. The
21district attorney shall rank the deputy district attorneys for purposes of carrying out
22duties under this section. The deputies, according to rank, may perform any duty
23of the district attorney, under the district attorney's direction. In the absence or
24disability of the district attorney, the deputies, according to rank, may perform any
25act required by law to be performed by the district attorney. Any such deputy must
1have practiced law in this state for at least 2 years prior to appointment under this
2section.
SB155,10,11
3(2) The district attorney of any prosecutorial unit having a population of
4100,000 or more but not more than 199,999 may appoint one deputy district attorney
5and such assistant district attorneys as may be requested by the department of
6administration
, or by the board, and authorized in accordance with s. 16.505. The
7deputy may perform any duty of the district attorney, under the district attorney's
8direction. In the absence or disability of the district attorney, the deputy may
9perform any act required by law to be performed by the district attorney. The deputy
10must have practiced law in this state for at least 2 years prior to appointment under
11this section.
SB155,10,17
12(3) Any assistant district attorney under sub. (1), (1m), or (2) must be an
13attorney admitted to practice law in this state and, except as provided in s. 978.043
14(1), may perform any duty required by law to be performed by the district attorney.
15The district attorney of the prosecutorial unit under sub. (1), (1m), or (2) may appoint
16such temporary counsel as may be authorized by the
department of administration 17board.
SB155,19
18Section
19. 978.045 (1g) of the statutes is amended to read:
SB155,11,519
978.045
(1g) A court on its own motion may appoint a special prosecutor under
20sub. (1r) or a district attorney may request a court to appoint a special prosecutor
21under that subsection. Before a court appoints a special prosecutor on its own motion
22or at the request of a district attorney for an appointment that exceeds 6 hours per
23case, the court or district attorney shall request assistance from a district attorney,
24deputy district attorney or assistant district attorney from other prosecutorial units
25or an assistant attorney general. A district attorney requesting the appointment of
1a special prosecutor, or a court if the court is appointing a special prosecutor on its
2own motion, shall notify the
department of administration, on a form provided by
3that department, of office that the district
attorney's attorney or the
court's inability 4court, whichever is appropriate, is unable to obtain assistance from another
5prosecutorial unit or from an assistant attorney general.
SB155,20
6Section
20. 978.045 (1r) (bm) (intro.) of the statutes is amended to read:
SB155,11,137
978.045
(1r) (bm) (intro.) The judge may appoint an attorney as a special
8prosecutor at the request of a district attorney to assist the district attorney in the
9prosecution of persons charged with a crime, in grand jury proceedings, in
10proceedings under ch. 980, or in investigations. The judge may appoint an attorney
11as a special prosecutor only if the judge or the requesting district attorney submits
12an affidavit to the
department of administration
office attesting that any of the
13following conditions exists:
SB155,21
14Section
21. 978.045 (2) of the statutes is amended to read:
SB155,11,2515
978.045
(2) If the
department of administration office approves the
16appointment of a special prosecutor under sub. (1r), the court shall fix the amount
17of compensation for the attorney appointed according to the rates specified in s.
18977.08 (4m) (b). The department of administration shall pay the compensation
19ordered by the court from the appropriation under s. 20.475 (1) (d). The court, district
20attorney, and the special prosecutor shall provide any information regarding a
21payment of compensation that the department requests. Any payment under this
22subsection earns interest on the balance due from the 121st day after receipt of a
23properly completed invoice or receipt and acceptance of the property or service under
24the order or contract, whichever is later, at the rate specified in s. 71.82 (1) (a)
25compounded monthly.
SB155,22
1Section
22. 978.05 (9) of the statutes is amended to read:
SB155,12,42
978.05
(9) Budget. Prepare a biennial budget request for submission to the
3department executive director under s.
978.11 978.004 (1) (b) by September 1 of each
4even-numbered year.
SB155,23
5Section
23. 978.11 of the statutes is repealed.
SB155,24
6Section
24. 978.12 (1) (c) of the statutes is amended to read:
SB155,12,177
978.12
(1) (c)
Assistant district attorneys. Assistant district attorneys shall be
8employed outside the classified service. For purposes of salary administration, the
9administrator of the division of personnel management in the department of
10administration
, in consultation with the office, shall establish one or more
11classifications for assistant district attorneys in accordance with the classification
12or classifications allocated to assistant attorneys general. Except as provided in ss.
13111.93 (3) (b) and 230.12 (10), the salaries of assistant district attorneys shall be
14established and adjusted in accordance with the state compensation plan for
15assistant attorneys general whose positions are allocated to the classification or
16classifications established
by the administrator of the division of personnel
17management in the department of administration under this paragraph.
SB155,25
18Section
25.
Nonstatutory provisions.
SB155,12,2519
(1)
Initial terms for prosecutor board members. Notwithstanding section
2015.77 of the statutes, of the members of the prosecutor board who are appointed as
21initial members, one member representing each district under section 752.11 (1) (b)
22and (d) of the statutes and one member under section 15.77 (3) of the statutes shall
23serve for a one-year term and one member representing the district under section
24752.11 (1) (c) of the statutes, one member under section 15.77 (2) of the statutes, and
25one member under section 15.77 (3) of the statutes shall serve for a 2-year term.
SB155,13,1
1(2)
Transfer of state prosecutors office.
SB155,13,52
(a)
Assets and liabilities. On the effective date of this paragraph, the assets and
3liabilities of the department of administration that are primarily related to the state
4prosecutors office, as determined by the secretary of administration, become the
5assets and liabilities of the prosecutor board.
SB155,13,96
(b)
Tangible personal property. On the effective date of this paragraph, all
7tangible personal property, including records, of the department of administration
8that is primarily related to the state prosecutors office, as determined by the
9secretary of administration, is transferred to the prosecutor board.
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(c)
Contracts. All contracts entered into by the department of administration
11that are primarily related to the state prosecutors office, as determined by the
12secretary of administration, in effect on the effective date of this paragraph, remain
13in effect and are transferred to the prosecutor board. The prosecutor board shall
14carry out any such contractual obligations unless modified or rescinded by the
15prosecutor board to the extent allowed under the contract.