1995 Wisconsin Act 27

977.05 (6) (b) The state public defender may not provide legal services or assign counsel for a person subject to contempt of court proceedings under s. 767.30 or 767.305 for failure to pay child or family support, if any of the following applies:

1. The action is not brought by the state, its delegate under s. 59.458 (1) or an attorney appointed under s. 767.045 (1) (c).

2. The judge or family court commissioner before whom the proceedings shall be held certifies to the state public defender that the person will not be incarcerated if he or she is found in contempt of court.

27,7268b Section 7268b. 977.05 (6) (c) of the statutes is created to read:

977.05 (6) (c) The state public defender may not provide legal services or assign counsel for an adult in a criminal case if all of the following apply:

1. The adult is not in custody.

2. The adult has not yet been charged with a crime.

27,7268c Section 7268c. 977.05 (6) (cm) of the statutes is created to read:

977.05 (6) (cm) The state public defender may not provide legal services or assign counsel for a child in a juvenile case if all of the following apply:

1. The child is not in custody.

2. The child is not yet subject to a proceeding under ch. 48 for which counsel is required under s. 48.23 or for which counsel may be appointed under s. 48.23.

27,7268k Section 7268k. 977.05 (6) (e) of the statutes is created to read:

977.05 (6) (e) The state public defender may not provide legal services or assign counsel for a person who files a motion to modify sentence under s. 973.19 (1) (a), or for a person who appeals, under s. 973.19 (4), the denial of a motion to modify sentence filed under s. 973.19 (1) (a), unless the person does one of the following:

1. Files the notice of intent to pursue postconviction relief within the time limit specified in s. 809.30 (2) (b) or, if the time limit specified in s. 809.30 (2) (b) is enlarged under s. 809.82 (2), within the time limit specified in the order enlarging time.

2. Files the motion to modify sentence under s. 973.19 (1) (a) within 20 days after the sentence or order is entered.

27,7268p Section 7268p. 977.05 (6) (f) of the statutes is created to read:

977.05 (6) (f) The state public defender may not provide legal services or assign counsel in cases involving an appeal or postconviction motion under s. 809.30 (2) if the notice of intent to pursue postconviction relief is not filed within the time limit specified in s. 809.30 (2) (b) or, if the time limit specified in s. 809.30 (2) (b) is enlarged under s. 809.82 (2), within the time limit specified in the order enlarging time.

27,7268s Section 7268s. 977.05 (6) (g) of the statutes is created to read:

977.05 (6) (g) The state public defender may not provide legal services or assign counsel in a proceeding under s. 973.09 (3) to modify the conditions of a probationer's probation unless all of the following apply:

1. The probationer is contesting the modification of the conditions of probation.

2. The state or the court seeks to modify the conditions of probation to include a period of confinement under s. 973.09 (4).

27,7268w Section 7268w. 977.05 (6) (h) of the statutes is created to read:

977.05 (6) (h) The state public defender may not provide legal services or assign counsel in parole revocation proceedings unless all of the following apply:

1. The parolee is contesting the revocation of parole.

2. The department of corrections seeks to have the parolee imprisoned upon the revocation of parole.

27,7268y Section 7268y. 977.05 (6) (i) of the statutes is created to read:

977.05 (6) (i) The state public defender may not provide legal services or assign counsel in probation revocation proceedings unless all of the following apply:

1. The probationer is contesting the revocation of probation.

2. The department of corrections seeks to have the probationer imprisoned upon the revocation of probation or a stayed sentence of imprisonment will be imposed on the probationer upon the revocation of probation.

27,7269 Section 7269 . 977.06 (title) and (1) of the statutes are created to read:

977.06 (title) Indigency determinations; redeterminations; verification; collection. (1) Duties. The state public defender shall determine whether persons are indigent and shall establish a system to do all of the following:

(a) Verify the information necessary to determine indigency under s. 977.07 (2). The information provided by a person seeking assigned counsel that is subject to verification shall include any social security numbers provided on an application under sub. (1m), income records, value of assets, eligibility for public assistance, as defined in s. 16.20 (1) (fm), and claims of expenses.

(b) Redetermine indigency during the course of representation of persons receiving representation.

(c) Record the amount of time spent on each case by the attorney appointed under s. 977.08.

(d) Collect for the cost of representation from persons who are indigent in part or who have been otherwise determined to be able to reimburse the state public defender for the cost of providing counsel.

27,7269m Section 7269m. 977.06 (1) (a) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

977.06 (1) (a) Verify the information necessary to determine indigency under s. 977.07 (2). The information provided by a person seeking assigned counsel that is subject to verification shall include any social security numbers provided on an application under sub. (1m), income records, value of assets, eligibility for public assistance, as defined in s. 16.20 106.215 (1) (fm), and claims of expenses.

27,7269p Section 7269p. 977.06 (1m) of the statutes is created to read:

977.06 (1m) Application for representation. The state public defender shall request each person seeking to have counsel assigned for him or her under s. 977.08, other than a child who is entitled to be represented by counsel under s. 48.23, to provide the state public defender with his or her social security number and the social security numbers of his or her spouse and dependent children, if any.

27,7270 Section 7270 . 977.06 (2) (title) of the statutes is created to read:

977.06 (2) (title) Verifications.

27,7270m Section 7270m. 977.06 (2) (am) of the statutes is created to read:

977.06 (2) (am) A person seeking to have counsel assigned for him or her under s. 977.08, other than a child who is entitled to be represented by counsel under s. 48.23, shall sign a statement declaring that the information that he or she has given to determine eligibility for assignment of counsel he or she believes to be true and that he or she is informed that he or she is subject to the penalty under par. (b).

27,7271 Section 7271 . 977.06 (3) (title) of the statutes is created to read:

977.06 (3) (title) Redeterminations.

27,7271g Section 7271g. 977.06 (3) (b) of the statutes is created to read:

977.06 (3) (b) The state public defender may petition a court that ordered payment under s. 757.66, 973.06 (1) (e) or 977.076 (1) to modify an order or judgment to adjust the amount of payment or the scheduled amounts at any time.

27,7271m Section 7271m. 977.06 (3) (c) of the statutes is created to read:

977.06 (3) (c) Except as provided in s. 48.275 (2) (b), an adjustment under this subsection shall be based on the person's ability to pay and on the fee schedule established by the board under s. 977.075 (3).

27,7272 Section 7272 . 977.06 (4) (title) of the statutes is created to read:

977.06 (4) (title) Oversight.

27,7272m Section 7272m. 977.07 (1) (a) of the statutes is amended to read:

977.07 (1) (a) Determination of indigency for persons entitled to counsel shall be made as soon as possible and shall be in accordance with the rules promulgated by the board under s. 977.02 (3) and the system established under s. 977.06. No determination of indigency is required for a child who is entitled to be represented by counsel under s. 48.23.

27,7273 Section 7273 . 977.07 (2) (a) of the statutes is renumbered 977.07 (2) and amended to read:

977.07 (2) The representative of the state public defender or the authority for indigency determinations specified under sub. (1) making a determination of indigency shall ascertain the assets of the person which exceed the amount needed for the payment of reasonable and necessary expenses incurred, or which must be incurred to support the person and the person's immediate family. The assets shall include disposable income, cash in hand, stocks and bonds, bank accounts and other property which can be converted to cash within a reasonable period of time and is not needed to hold a job, or to shelter, clothe and care for the person and the person's immediate family. Assets which cannot be converted to cash within a reasonable period of time, such as a person's home, car, household furnishings, clothing and other property which has been declared exempt from attachment or execution by law, shall be calculated to be assets equivalent in dollars to the amount of the loan which could be, in fact, raised by using these assets as collateral. Assets also include any money expended by the person to post bond to obtain release regarding the current alleged offense. If the person's assets, less reasonable and necessary living expenses, are not sufficient to cover the anticipated cost of effective representation when the length and complexity of the anticipated proceedings are taken fully into account, the person shall be determined to be indigent in full or in part. The determination of the ability of the person to contribute to the cost of legal services shall be based upon specific written standards relating to income, assets and the anticipated cost of representation. If found to be indigent in full or in part, the person shall be promptly informed of the state's right to payment or recoupment under s. 48.275 (2), 757.66 or 973.06 (1) (e), and the possibility that the payment of attorney fees may be made a condition of probation, should the person be placed on probation. Furthermore, if found to be indigent in part, the person shall be promptly informed of the extent to which he or she will be expected to pay for counsel, and whether the payment shall be in the form of a lump sum payment or periodic payments. The person shall be informed that the payment amount may be adjusted if his or her financial circumstances change by the time of sentencing. The payment and payment schedule shall be set forth in writing. Payments for services of the state public defender or other counsel provided under this chapter made pursuant to this subsection shall be paid to the state public defender for deposit in the state treasury and credited to the appropriation under s. 20.550 (1) (ja). Under this subsection, reasonable and necessary living expenses equal the applicable payment amount under s. 49.19 (11) (a) 1. plus other specified, emergency or essential costs. The representative or authority making the determination of indigency shall consider any assets of the spouse of the person claiming to be indigent as if they were assets of the person, unless the spouse was the victim of a crime allegedly committed by the person.

27,7274m Section 7274m. 977.07 (2) (b) of the statutes is renumbered 977.06 (3) (a) and amended to read:

977.06 (3) (a) Unless the court has made an adjustment under s. 973.06 (1) (e), upon determination at the conclusion of a case that a person's financial circumstances are changed, the state public defender may adjust the amount of payment for counsel under par. (a) in accordance with par. (a) and sub. (1) (a).

27,7275 Section 7275 . 977.07 (2) (c) of the statutes is renumbered 977.06 (2) (a) and amended to read:

977.06 (2) (a) A person seeking to have counsel assigned for him or her under s. 977.08, other than a child who is entitled to be represented by counsel under s. 48.23, shall sign a statement declaring that he or she has not disposed of any assets for the purpose of qualifying for that assignment of counsel. If the representative or authority making the indigency determination finds that any asset was disposed of for less than its fair market value for the purpose of obtaining that assignment of counsel, the asset shall be counted under par. (a) s. 977.07 (2) at its fair market value at the time it was disposed of, minus the amount of compensation received for the asset.

27,7276 Section 7276 . 977.07 (2) (d) of the statutes is renumbered 977.06 (2) (b).

27,7276m Section 7276m. 977.07 (2m) of the statutes is created to read:

977.07 (2m) If the person is found to be indigent in full or in part, the person shall be promptly informed of the state's right to payment or recoupment under s. 48.275 (2), 757.66, 973.06 (1) (e) or 977.076 (1), and the possibility that the payment of attorney fees may be made a condition of probation, should the person be placed on probation. Furthermore, if found to be indigent in part, the person shall be promptly informed of the extent to which he or she will be expected to pay for counsel, and whether the payment shall be in the form of a lump sum payment or periodic payments. The person shall be informed that the payment amount may be adjusted if his or her financial circumstances change by the time of sentencing. The payment and payment schedule shall be set forth in writing. This subsection does not apply to persons who have paid under s. 977.075 (1).

27,7277 Section 7277 . 977.07 (3) of the statutes is renumbered 977.06 (4) (a).

27,7278 Section 7278 . 977.07 (3m) (a) (intro.) of the statutes is renumbered 977.06 (4) (b) (intro.) and amended to read:

977.06 (4) (b) (intro.) The state public defender shall promptly release a copy of any statement, affidavit or other information provided by a person regarding financial eligibility under this section s. 977.07 only if the state public defender or a circuit court finds all of the following:

27,7279 Section 7279 . 977.07 (3m) (a) 1. of the statutes is renumbered 977.06 (4) (b) 1.

27,7280 Section 7280 . 977.07 (3m) (a) 2. of the statutes is renumbered 977.06 (4) (b) 2.

27,7281 Section 7281 . 977.07 (3m) (b) of the statutes is renumbered 977.06 (4) (c) and amended to read:

977.06 (4) (c) Paragraph (a) (b) does not limit the authority of the state public defender to release a copy of the statement, affidavit or other information under other circumstances.

27,7281m Section 7281m. 977.075 of the statutes is created to read:

977.075 Payment for legal representation. (1) The board shall establish by rule fixed amounts as flat payments for the cost of representation that a person, other than a parent subject to s. 48.275 (2) (b), who is responsible for payment for legal representation, may elect to pay. The rule shall require all of the following:

(a) If a person elects to pay the applicable fixed amount, the person cannot be held liable for any additional payment for counsel.

(b) The person may pay the fixed amount only at the beginning of the representation.

(3) The board shall establish by rule a fee schedule that sets the amount that a person, other than a parent subject to s. 48.275 (2) (b), who is responsible for payment for legal representation shall pay for the cost of the legal representation. The schedule shall establish a fee for a given type of case, and the fee for a given type of case shall be based on the average cost, as determined by the board, for representation for that type of case.

(4) The board may establish by rule a procedure for collecting a nonrefundable partial payment within 60 days after the commencement of representation for legal services from persons who are responsible for payment for legal representation. This subsection does not apply to a parent who is subject to s. 48.275 (2) (b).

(5) The rules under subs. (3) and (4) do not apply to a person who has paid under sub. (1).

27,7281q Section 7281q. 977.076 of the statutes is created to read:

977.076 Collections. (1) If the state public defender notifies the court in which the underlying action was filed that a person who is required to reimburse the state public defender for legal representation has failed to make the required payment or to timely make periodic payments, the court may issue a judgment on behalf of the state for the unpaid balance and direct the clerk of circuit court to file and docket a transcript of the judgment, without fee. If the court issues a judgment for the unpaid balance, the court shall send a notice to the person at his or her last-known address that a civil judgment has been issued for the unpaid balance. The judgment has the same force and effect as judgments issued under s. 806.10. Except as provided in s. 48.275 (2) (b), the judgment shall be based on the person's ability to pay and on the fee schedule established by the board under s. 977.075 (3).

(2) The department of administration may collect unpaid reimbursement payments to the state public defender ordered by a court under sub. (1) or s. 48.275 (1) (a), 757.66 or 973.06 (1) (e). The department may contract with a private collection agency to collect these payments. Section 16.705 does not apply to a contract under this subsection.

27,7281s Section 7281s. 977.077 of the statutes is created to read:

977.077 Deposit of payments received. Payments for services provided by the state public defender or other counsel under this chapter that are received pursuant to s. 977.07, 977.075 or 977.076 shall be deposited in the state treasury and credited to the appropriation under s. 20.550 (1) (L).

27,7281t Section 7281t. 977.08 (2) (c) of the statutes is amended to read:

977.08 (2) (c) Cases involving persons charged with a misdemeanor that is punishable by imprisonment but is not specified under par. (a) and to which s. 939.615 (1) does not apply.

27,7282 Section 7282 . 977.08 (2) (f) of the statutes is repealed.

27,7284b Section 7284b. 977.08 (3) (f) of the statutes is amended to read:

977.08 (3) (f) Beginning on October 1, 1993, the The state public defender may shall enter into as many annual contracts as possible, subject to par. (fg), with private local attorneys or law firms for the provision of legal representation in cases involving the operation of a vehicle. Under any such contract, the state public defender shall assign cases without regard to pars. (c) and (d), shall set a fixed-fee total amount for all cases handled and shall pay the that amount specified in the contract, which shall not exceed the amount, except that the state public defender may not pay an attorney more for a case than he or she would receive according to the rates under sub. (4m). The contract shall include a procedure authorizing the state public defender to make additional payments for a case or to reassign a case if the circumstances surrounding the case justify the additional payment or reassignment.

27,7284g Section 7284g. 977.08 (3) (fg) of the statutes is created to read:

977.08 (3) (fg) The total number of cases that may be subject to the annual contracts under par. (f) for a given year may not exceed 33% of the total number of cases at the trial level that are assigned by the state public defender to private counsel under this section for that year.

27,7284m Section 7284m. 977.08 (3) (fm) of the statutes is created to read: