1995 Wisconsin Act 27

(d) Alcohol and other drug abuse counseling, as provided under sub. (6).

(3) (a) The court may require as a condition of community supervision that the person placed on community supervision perform community service work for a public agency or a nonprofit charitable organization. The number of hours of work required may not exceed what would be reasonable considering the seriousness of the offense. An order may only apply if agreed to by the person placed on community supervision and the organization or agency. The court shall ensure that the person placed on community supervision is provided a written statement of the terms of the community service order and that the community service order is monitored by the department.

(b) Any organization or agency acting in good faith to which a person placed on community supervision is assigned under an order under this subsection has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the person placed on community supervision.

(4) (a) If the court does not order community supervision under sub. (3), the department may order that a person placed on community supervision perform community service work for a public agency or a nonprofit charitable organization. An order may apply only if agreed to by the person placed on community supervision and the organization or agency. The department shall ensure that the person placed on community supervision is provided a written statement of the terms of the community service order and shall monitor the person's compliance with the community service order.

(b) Any organization or agency acting in good faith to which a person placed on community supervision is assigned under an order under this subsection has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the person placed on community supervision. The department has immunity from any civil liability for acts or omissions by or impacting on the person placed on community supervision regarding the assignment under this subsection.

(5) (a) If the court places the person on community supervision, the court shall order the person to pay restitution under s. 973.20 unless the court finds there is substantial reason not to order restitution as a condition of community supervision. If the court does not require restitution to be paid to a victim, the court shall state its reason on the record. If the court does require restitution, it shall notify the department of justice of its decision if the victim may be eligible for compensation under ch. 949.

(b) The department shall notify the sentencing court, any person to whom unpaid restitution is owed and the district attorney of the status of the ordered payments unpaid at least 90 days before the community supervision expiration date. If payment as ordered has not been made, the court shall issue a judgment for the unpaid restitution and direct the clerk to file and docket a transcript of the judgment, without fee, unless it finds that the victim has already recovered a judgment against the person placed on community supervision for the damages covered by the restitution order. If the court issues a judgment for the unpaid restitution, the court shall send to the person placed on community supervision and the victim at his or her last-known address written notification that a civil judgment has been issued for the unpaid restitution. The judgment has the same force and effect as judgments docketed under s. 806.10.

(6) The court may order a person placed on community supervision to submit to and comply with an assessment by a treatment facility approved by the court for examination of the person's use of alcohol or other drugs and, if necessary, development of an alcohol or other drug abuse treatment plan for the person. The court may require the person placed on community supervision to pay the reasonable costs of an assessment and treatment ordered under this subsection.

(7) If the court has not ordered an assessment and treatment under sub. (6), the department may order a person placed on community supervision to submit to and comply with an assessment by a treatment facility approved by the department for examination of the person's use of alcohol or other drugs and, if necessary, development of an alcohol or other drug abuse treatment plan for the person. The department may require the person placed on community supervision to pay the reasonable costs of an assessment and treatment ordered under this subsection.

(8) When the person placed on community supervision has satisfied the conditions of his or her community supervision, the person placed on community supervision shall be discharged and the department shall issue the person a certificate of final discharge, a copy of which shall be filed with the clerk.

(9) A person who violates or fails to comply with community supervision ordered under sub. (1) may be proceeded against for contempt of court under ch. 785, except that a court may impose only the remedial sanctions specified in s. 785.04 (1) against that person.

27,7258 Section 7258 . 973.135 (title) of the statutes is amended to read:

973.135 (title) Courts to report convictions to the state superintendent department of public instruction education.

27,7259 Section 7259 . 973.135 (1) (a) of the statutes is renumbered 973.135 (1) (am).

27,7260 Section 7260 . 973.135 (1) (a) of the statutes is created to read:

973.135 (1) (a) “Department" means the department of education.

27,7261 Section 7261 . 973.135 (1) (b) of the statutes is repealed.

27,7262 Section 7262 . 973.135 (2) of the statutes is amended to read:

973.135 (2) If a court determines that a person convicted of a crime specified in ch. 948, including a crime specified in s. 948.015, a felony for which the maximum term of imprisonment is at least 5 years, 4th degree sexual assault under s. 940.225 (3m) or a crime in which the victim was a child, is employed by an educational agency, the clerk of the court in which such conviction occurred shall promptly forward to the state superintendent department the record of conviction.

27,7263 Section 7263 . 973.135 (3) of the statutes is amended to read:

973.135 (3) If a conviction under sub. (2) is reversed, set aside or vacated, the clerk of the court shall promptly forward to the state superintendent department a certificate stating that the conviction has been reversed, set aside or vacated.

27,7263bd Section 7263bd. 973.20 (1) of the statutes is amended to read:

973.20 (1) When imposing sentence or ordering probation or community supervision for any crime, the court, in addition to any other penalty authorized by law, shall order the defendant to make full or partial restitution under this section to any victim of the crime or, if the victim is deceased, to his or her estate, unless the court finds substantial reason not to do so and states the reason on the record. Restitution ordered under this section is a condition of probation, community supervision or parole served by the defendant for the crime. After the termination of probation, community supervision or parole, or if the defendant is not placed on probation, community supervision or parole, restitution ordered under this section is enforceable in the same manner as a judgment in a civil action by the victim named in the order to receive restitution or enforced under ch. 785.

27,7263be Section 7263be. 973.20 (10) of the statutes is amended to read:

973.20 (10) The court may require that restitution be paid immediately, within a specified period or in specified instalments. If the defendant is placed on probation or community supervision or sentenced to imprisonment, the end of a specified period shall not be later than the end of any period of probation, community supervision or pa role. If the defendant is sentenced to the intensive sanctions program, the end of a specified period shall not be later than the end of the sentence under s. 973.032 (3) (a).

27,7263bf Section 7263bf. 973.20 (11) (a) of the statutes is amended to read:

973.20 (11) (a) Except as otherwise provided in this paragraph, the restitution order shall require the defendant to deliver the amount of money or property due as restitution to the department for transfer to the victim or other person to be compensated by a restitution order under this section. If the defendant is not placed on probation or community supervision or sentenced to prison, the court may order that restitution be paid to the clerk of court for transfer to the appropriate person. The court shall require the defendant to pay a surcharge equal to 5% of the total amount of any restitution, costs and attorney fees and any fines and related payments ordered under s. 973.05 (1) to the department or clerk of court for administrative expenses under this section.

27,7263bg Section 7263bg. 973.20 (13) (c) (intro.) of the statutes is amended to read:

973.20 (13) (c) (intro.) The court, before imposing sentence or ordering probation or community supervision, shall inquire of the district attorney regarding the amount of restitution, if any, that the victim claims. The court shall give the defendant the opportunity to stipulate to the restitution claimed by the victim and to present evidence and arguments on the factors specified in par. (a). If the defendant stipulates to the restitution claimed by the victim or if any restitution dispute can be fairly heard at the sentencing proceeding, the court shall determine the amount of restitution before imposing sentence or ordering probation or community supervision. In other cases, the court may do any of the following:

27,7263bh Section 7263bh. 973.20 (13) (c) 1. of the statutes is amended to read:

973.20 (13) (c) 1. Order restitution of amounts not in dispute as part of the sentence or probation or community supervision order imposed and direct the appropriate agency to file a proposed restitution order with the court within 90 days thereafter, and mail or deliver copies of the proposed order to the victim, district attorney, defendant and defense counsel.

27,7263bi Section 7263bi. 973.20 (13) (c) 3. of the statutes is amended to read:

973.20 (13) (c) 3. With the consent of the defendant, refer the disputed restitution issues to an arbitrator acceptable to all parties, whose determination of the amount of restitution shall be filed with the court within 60 days after the date of referral and incorporated into the court's sentence or probation or community supervision order.

27,7263bj Section 7263bj. 973.20 (13) (c) 4. of the statutes is amended to read:

973.20 (13) (c) 4. Refer the disputed restitution issues to a court commissioner or other appropriate referee, who shall conduct a hearing on the matter and submit the record thereof, together with proposed findings of fact and conclusions of law, to the court within 60 days of the date of referral. Within 30 days after the referee's report is filed, the court shall determine the amount of restitution on the basis of the record submitted by the referee and incorporate it into the sentence or probation or community supervision order imposed. The judge may direct that hearings under this subdivision be recorded either by audio recorder or by a court reporter. A transcript is not required unless ordered by the judge.

27,7263bk Section 7263bk. 974.05 (1) (c) of the statutes is amended to read:

974.05 (1) (c) Judgment and sentence or order of probation or community supervision not authorized by law.

27,7263bL Section 7263bL. 974.06 (1) of the statutes is amended to read:

974.06 (1) After the time for appeal or postconviction remedy provided in s. 974.02 has expired, a prisoner in custody under sentence of a court or a person convicted and placed on community supervision under s. 973.095 or placed with a volunteers in probation program under s. 973.11 claiming the right to be released upon the ground that the sentence was imposed in violation of the U.S. constitution or the constitution or laws of this state, that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law or is otherwise subject to collateral attack, may move the court which imposed the sentence to vacate, set aside or correct the sentence.

27,7263e Section 7263e. 977.02 (4m) of the statutes is created to read:

977.02 (4m) Promulgate rules for payments to the state public defender under s. 977.075.

27,7263f Section 7263f. 977.02 (4r) of the statutes is created to read:

977.02 (4r) Promulgate rules that establish procedures to provide the department of administration with any information concerning the collection of payment ordered under s. 48.275 (2), 757.66, 973.06 (1) (e) or 977.076 (1).

27,7263g Section 7263g. 977.02 (7r) (a) (intro.) of the statutes is amended to read:

977.02 (7r) (a) (intro.) Promulgate rules to allow the reduction of payment rates for cases assigned by the state public defender under s. 977.08 (4m) for any of the following:

27,7263i Section 7263i. 977.02 (7r) (am) of the statutes is created to read:

977.02 (7r) (am) For any reduction under par. (a), the board shall submit the reduction to the joint committee on finance for review under the procedures specified in s. 13.10 and shall obtain approval from the joint committee on finance for the reduction.

27,7263k Section 7263k. 977.03 (2m) of the statutes is created to read:

977.03 (2m) The board may promulgate rules that establish procedures to collect payment ordered under s. 48.275 (2), 757.66, 973.06 (1) (e) or 977.076 (1) from a prisoner's prison financial account.

27,7263m Section 7263m. 977.03 (3) of the statutes is created to read:

977.03 (3) The state public defender may establish procedures by rule under which the state public defender may appoint attorneys without regard to s. 977.08 (3) (c) and (d) based on the state public defender's evaluation of the attorneys' performance.

27,7263p Section 7263p. 977.05 (4) (i) 3. of the statutes is amended to read:

977.05 (4) (i) 3. Cases involving persons charged with a misdemeanor that is punishable by imprisonment but is not specified under subd. 1 and to which s. 939.615 (1) does not apply.

27,7264m Section 7264m. 977.05 (4) (i) 7. of the statutes is amended to read:

977.05 (4) (i) 7. Cases involving paternity determinations, as specified under ch. 767 s. 767.52, in which the state is the petitioner under s. 767.45 (1) (g) or in which the action is commenced on behalf of the child by an attorney appointed under s. 767.045 (1) (c).

27,7265 Section 7265 . 977.05 (4) (j) of the statutes is amended to read:

977.05 (4) (j) At Subject to sub. (6) (e) and (f), at the request of any person determined by the state public defender to be indigent or upon referral of any court, prosecute a writ of error, appeal, action or proceeding for habeas corpus or other postconviction or post-commitment remedy or attack the conditions of confinement on behalf of the person before any court, if the state public defender determines the case should be pursued. The state public defender must pursue the case of any indigent person entitled to counsel under s. 971.17 (7) (b) 1. or 980.03 (2) (a).

27,7266 Section 7266 . 977.05 (6) (title) of the statutes is amended to read:

977.05 (6) (title) Restriction Restrictions.

27,7267 Section 7267 . 977.05 (6) of the statutes is renumbered 977.05 (6) (a) and amended to read:

977.05 (6) (a) The state public defender shall may not provide legal services or assign counsel for cases involving a person subject to contempt of court proceedings involving the alleged failure of the person to pay a forfeiture to a county or municipality.

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

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: