967.055(3) (3)No deferred prosecution. A prosecutor may not place a person in a deferred prosecution program if the person is accused of or charged with any of the following offenses:
967.055(3)(a) (a) A violation of s. 346.63 (1) or (5) or a local ordinance in conformity therewith.
967.055(3)(b) (b) A violation of s. 346.63 (2) or (6).
967.055(3)(c) (c) A violation of s. 940.09 if the offense involved the use of a vehicle.
967.055(3)(d) (d) A violation of s. 940.25.
967.055 Note NOTE: For legislative intent see chapter 20, laws of 1981, section 2051 (13).
967.055 Annotation Sub. (2) does not conflict with the separation of powers doctrine and is constitutional. State v. Dums, 149 Wis. 2d 314, 440 N.W.2d 814 (Ct. App. 1989).
967.055 Annotation A defendant is “charged" with a crime for purposes of sub. (2) (a) when a criminal complaint is filed. State v. Corvino, 2016 WI App 52, 370 Wis. 2d 681, 883 N.W.2d 169, 15-0584.
967.055 Annotation The plain language of sub. (2) (a) clearly shows that the legislature intended to except OWI prosecutions from the general rule set forth in s. 971.29 (1) allowing charges to be amended without court approval at any time prior to arraignment. State v. Corvino, 2016 WI App 52, 370 Wis. 2d 681, 883 N.W.2d 169, 15-0584.
967.057 967.057 Prosecution decisions based on contributions to organizations and agencies. A prosecutor may not, in exchange for a person's payment of money, other than restitution, to any organization or agency, dismiss or amend a charge alleging a criminal offense or elect not to commence a criminal prosecution.
967.057 History History: 1999 a. 58, 186; 2007 a. 84.
967.057 Annotation A prosecutor may engage in negotiations relating to a defendant's reimbursement of blood withdrawal expenses, but a prosecutor may not, as a result of a defendant's payment or offer of payment of blood withdrawal expenses, dismiss or amend the charge, citation, or complaint or forego the initiation of a criminal prosecution, action, or special proceeding based on the violation. OAG 11-09.
967.06 967.06 Determination of indigency; appointment of counsel; preparation of record.
967.06(1)(1)As soon as practicable after a person has been detained or arrested in connection with any offense that is punishable by incarceration, or in connection with any civil commitment proceeding, or in any other situation in which a person is entitled to counsel regardless of ability to pay under the constitution or laws of the United States or this state, the person shall be informed of his or her right to counsel.
967.06(2) (2)
967.06(2)(a)(a) Except as provided in par. (b), a person entitled to counsel under sub. (1) who indicates at any time that he or she wants to be represented by a lawyer, and who claims that he or she is not able to pay in full for a lawyer's services, shall immediately be permitted to contact the authority for indigency determinations specified under s. 977.07 (1). The authority for indigency determination in each county shall have daily telephone access to the county jail in order to identify all persons who are being held in the jail. The jail personnel shall provide by phone information requested by the authority.
967.06(2)(b) (b) If the person indicating that he or she wants to be represented by a lawyer is detained under ch. 48, 51, 55, 938, or 980, the person shall be referred for appointment of counsel as provided under s. 48.23 (4), 51.60, 55.105, 938.23 (4), or 980.03 (2) (a), whichever is applicable.
967.06(3) (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) (a), compensate the court reporter or clerk of circuit court for the cost of preparing, duplicating, and mailing the documents.
967.06 History History: Sup. Ct. Order, 71 Wis. 2d ix (1975); 1977 c. 29, 418; 1979 c. 356; 1981 c. 20; 1983 a. 377; 1993 a. 16; 2007 a. 20; 2017 a. 59, 184.
967.06 Annotation The defendant was entitled to court-appointed counsel in a state-initiated civil contempt action. Brotzman v. Brotzman, 91 Wis. 2d 335, 283 N.W.2d 600 (Ct. App. 1979).
967.06 Annotation This section gives the public defender the right to receive juvenile records of indigent clients notwithstanding s. 48.396 (2). State ex rel. S. M. O. 110 Wis. 2d 447, 329 N.W.2d 275 (Ct. App. 1982).
967.06 Annotation If the court is put on notice that the accused has a language difficulty, the court must make a factual determination whether an interpreter is necessary; if so, the accused must be made aware of the right to an interpreter, at public cost if the accused is indigent. Waiver of the right must be made voluntarily in open court on the record. State v. Neave, 117 Wis. 2d 359, 344 N.W.2d 181 (1984).
967.06 Annotation Police had no duty to inform a suspect during custodial interrogation that a lawyer retained by the suspect's family was present. State v. Hanson, 136 Wis. 2d 195, 401 N.W.2d 771 (1987).
967.06 Annotation The county must provide free transcripts to the state public defender. State v. Dresel, 136 Wis. 2d 461, 401 N.W.2d 855 (Ct. App. 1987).
967.06 Annotation A public defender appointed as postconviction counsel is entitled to all court records including the presentence investigation report; access may not be restricted under s. 972.15 (4). Oliver v. Goulee, 179 Wis. 2d 376, 507 N.W.2d 145 (Ct. App. 1993).
967.06 Annotation The state public defender may be denied access to jail inmates who have not requested counsel, and jail authorities need only provide over the telephone that information necessary for the public defender to assess the need to make an indigency determination in person under s. 977.07 (1) for an inmate who has requested counsel and claims indigency. Section SPD 2.03 (3) and (5) (July, 1990), Wis. Adm. Code exceed the bounds of this section. 78 Atty. Gen. 133.
967.07 967.07 Circuit court commissioners. A circuit court commissioner may exercise powers or perform duties specified for a judge if such action is permitted under s. 757.69.
967.07 History History: 1977 c. 323; 2001 a. 61.
967.08 967.08 Telephone proceedings.
967.08(1)(1)Unless good cause to the contrary is shown, proceedings referred to in this section may be conducted by telephone or live audiovisual means, if available. If the proceeding is required to be reported under SCR 71.01 (2), the proceeding shall be reported by a court reporter who is in simultaneous voice communication with all parties to the proceeding. Regardless of the physical location of any party to the call, any plea, waiver, stipulation, motion, objection, decision, order or other action taken by the court or any party shall have the same effect as if made in open court. With the exceptions of scheduling conferences, pretrial conferences, and, during hours the court is not in session, setting, review, modification of bail and other conditions of release under ch. 969, the proceeding shall be conducted in a courtroom or other place reasonably accessible to the public. Simultaneous access to the proceeding shall be provided to persons entitled to attend by means of a loudspeaker or, upon request to the court, by making a person party to the telephone call without charge.
967.08(2) (2)The court may permit the following proceedings to be conducted under sub. (1) on the request of either party. The request and the opposing party's showing of good cause for not conducting the proceeding under sub. (1) may be made by telephone.
967.08(2)(a) (a) Initial appearance under s. 970.01.
967.08(2)(b) (b) Waiver of preliminary examination under s. 970.03, competency hearing under s. 971.14 (4) or jury trial under s. 972.02 (1).
967.08(2)(c) (c) Motions for extension of time under ss. 970.03 (2), 971.10 or other statutes.
967.08(2)(d) (d) Arraignment under s. 971.05, if the defendant intends to plead not guilty or to refuse to plead.
967.08(3) (3)Non-evidentiary proceedings on the following matters may be conducted under sub. (1) on request of either party. The request and the opposing party's showing of good cause for not conducting the proceeding under sub. (1) may be made by telephone.
967.08(3)(a) (a) Setting, review and modification of bail and other conditions of release under ch. 969.
967.08(3)(b) (b) Motions for severance under s. 971.12 (3) or consolidation under s. 971.12 (4).
967.08(3)(c) (c) Motions for testing of physical evidence under s. 971.23 (5) or for protective orders under s. 971.23 (6).
967.08(3)(d) (d) Motions under s. 971.31 directed to the sufficiency of the complaint or the affidavits supporting the issuance of a warrant for arrest or search.
967.08(3)(e) (e) Motions in limine, including those under s. 972.11 (2) (b).
967.08(3)(f) (f) Motions to postpone, including those under s. 971.29.
967.08 History History: Sup. Ct. Order, 141 Wis. 2d xii (1987); 1987 a. 403; Sup. Ct. Order, 158 Wis. 2d xvii (1990); 1995 a. 27, 387; 1997 a. 252.
Effective date note Judicial Council Note, 1988: This section [created] allows various criminal proceedings to be conducted by telephone conference or live audio-visual means, if available. Requirements for reporting and public access are preserved. [Re Order eff. 1-1-88]
967.08 Note Judicial Council Note, 1990: [Re amendment of (1)] Supreme Court Rule 71.01 (2) specifies when a verbatim record is required of a judicial proceeding. Such a record should not be required solely because the proceeding is conducted by telephone or live audio-visual means. Likewise, the requirement in the prior rule that all telephone proceedings be conducted in the courtroom or other reasonably accessible public place discouraged the practice of setting and modifying bail by telephone conference during hours the court was not in session.
Effective date note [Re amendment of (2)] The appearances, motions and waivers listed in this subsection are rights of the defendant. If the defendant consents that telephone procedures be used, any party objecting should show good cause. [Re Order eff. 1-1-91]
967.09 967.09 Interpreters may serve by telephone or video. On request of any party, the court may permit an interpreter to act in any criminal proceeding, other than trial, by telephone or live audiovisual means.
967.09 History History: Sup. Ct. Order, 141 Wis. 2d xiii (1987); 1987 a. 403.
967.10 967.10 Waiting area for victims and witnesses.
967.10(1)(1)In this section:
967.10(1)(a) (a) “Victim" has the meaning given in s. 950.02 (4).
967.10(1)(b) (b) “Witness" has the meaning given in s. 950.02 (5).
967.10(2) (2)If an area is available and use of the area is practical, a county shall provide a waiting area for a victim or witness to use during court proceedings that is separate from any area used by the defendant, the defendant's relatives and defense witnesses. If a separate waiting area is not available or its use is not practical, a county shall provide other means to minimize the contact between the victim or witness and the defendant, the defendant's relatives and defense witnesses during court proceedings.
967.10 History History: 1997 a. 181.
967.11 967.11 Alternatives to prosecution and incarceration; monitoring participants.
967.11(1)(1)In this section, “approved substance abuse treatment program" means a substance abuse treatment program that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).
967.11(2) (2)If a county establishes an approved substance abuse treatment program and the program authorizes the use of surveillance and monitoring technology or day reporting programs, a court or a district attorney may require a person participating in an approved substance abuse treatment program to submit to surveillance and monitoring technology or a day reporting program as a condition of participation.
967.11 History History: 2005 a. 25; 2013 a. 20.
967.12 967.12 Electronic filing. Section 801.18 shall govern the electronic filing of documents in criminal actions. Electronic filing may be made through a custom data exchange between the court case management system and the automated information system used by district attorneys.
967.12 History History: Sup. Ct. Order No. 14-03, 2016 WI 29, filed 4-28-16, eff. 7-1-16.
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