AB133-SSA1,1422,174
800.04
(2) (c) If the defendant has made a deposit under par. (b) or s. 800.03
5and does not appear, he or she is deemed to have tendered a plea of no contest and
6submits to a forfeiture, a penalty assessment imposed by s.
165.87 757.05, a jail
7assessment imposed by s. 302.46 (1), a crime laboratories and drug law enforcement
8assessment imposed by s. 165.755
, any applicable consumer information assessment
9imposed by s. 100.261 and any applicable domestic abuse assessment imposed by s.
10973.055 (1) plus costs, including the fee prescribed in s. 814.65 (1), not exceeding the
11amount of the deposit. The court may either accept the plea of no contest and enter
12judgment accordingly, or reject the plea and issue a summons. If the court finds that
13the violation meets the conditions in s. 800.093 (1), the court may summon the
14alleged violator into court to determine if restitution shall be ordered under s.
15800.093. If the defendant fails to appear in response to the summons, the court shall
16issue a warrant under s. 968.09. If the defendant has made a deposit but does appear,
17the court shall allow the defendant to withdraw the plea of no contest.
AB133-SSA1,1423,419
800.09
(1) Judgment. (intro.) If a municipal court finds a defendant guilty it
20may render judgment by ordering restitution under s. 800.093 and payment of a
21forfeiture, the penalty assessment imposed by s.
165.87 757.05, the jail assessment
22imposed by s. 302.46 (1), the crime laboratories and drug law enforcement
23assessment imposed by s. 165.755
, any applicable consumer information assessment
24imposed by s. 100.261 and any applicable domestic abuse assessment imposed by s.
25973.055 (1) plus costs of prosecution, including the fee prescribed in s. 814.65 (1). The
1court shall apply any payment received on a judgment that includes restitution to
2first satisfy any payment of restitution ordered, then to pay the forfeiture,
3assessments and costs. If the judgment is not paid, the court may proceed under par.
4(a), (b) or (c) or any combination of those paragraphs, as follows:
AB133-SSA1,1423,176
800.09
(1) (a) The court may defer payment of any judgment or provide for
7instalment payments. At the time the judgment is rendered, the court shall inform
8the defendant, orally and in writing, of the date by which restitution and the
9payment of the forfeiture, the penalty assessment, the jail assessment, the crime
10laboratories and drug law enforcement assessment
, any applicable consumer
11information assessment and any applicable domestic abuse assessment plus costs
12must be made, and of the possible consequences of failure to do so in timely fashion,
13including imprisonment, as provided in s. 800.095, or suspension of the defendant's
14motor vehicle operating privilege, as provided in par. (c), if applicable. If the
15defendant is not present, the court shall ensure that the information is sent to the
16defendant by mail. In 1st class cities, all of the written information required by this
17paragraph shall be printed in English and Spanish and provided to each defendant.
AB133-SSA1,1424,919
800.09
(2) (b) If the person charged fails to appear personally or by an attorney
20at the time fixed for hearing of the case, the defendant may be deemed to have
21entered a plea of no contest and the money deposited, if any, or such portion thereof
22as the court determines to be an adequate penalty, plus the penalty assessment, the
23jail assessment, the crime laboratories and drug law enforcement assessment
, any
24applicable consumer information assessment and any applicable domestic abuse
25assessment plus costs, including the fee prescribed in s. 814.65 (1), may be declared
1forfeited by the court or may be ordered applied upon the payment of any penalty
2which may be imposed, together with the penalty assessment, the jail assessment,
3the crime laboratories and drug law enforcement assessment
, any applicable
4consumer information assessment and any applicable domestic abuse assessment
5plus costs. If the court finds that the violation meets the conditions in s. 800.093 (1),
6the court may summon the alleged violator into court to determine if restitution shall
7be ordered under s. 800.093. Any money remaining after payment of any penalties,
8assessments, costs and restitution shall be refunded to the person who made the
9deposit.
AB133-SSA1,1424,2311
800.10
(2) All forfeitures, fees, penalty assessments,
crime laboratories and
12drug law enforcement assessments, consumer information assessments, domestic
13abuse assessments and costs paid to a municipal court under a judgment before a
14municipal judge shall be paid to the municipal treasurer within 7 days after receipt
15of the money by a municipal judge or other court personnel. At the time of the
16payment, the municipal judge shall report to the municipal treasurer the title of the
17action, the offense for which a forfeiture was imposed and the total amount of the
18forfeiture, fees, penalty assessments,
crime laboratories and drug law enforcement
19assessments, consumer information assessments, domestic abuse assessments and
20costs, if any. The treasurer shall disburse the fees as provided in s. 814.65 (1). All
21jail assessments paid to a municipal court under a judgment before a municipal judge
22shall be paid to the county treasurer within 7 days after receipt of the money by a
23municipal judge or other court personnel.
AB133-SSA1,1425,7
1800.12
(2) A municipality may by ordinance provide that a municipal judge
2may impose a forfeiture for contempt under sub. (1) in an amount not to exceed $50
3or, upon nonpayment of the forfeiture, penalty assessment under s.
165.87 757.05,
4jail assessment under s. 302.46
and, crime laboratories and drug law enforcement
5assessment under s. 165.755
, any applicable consumer information assessment
6under s. 100.261 and any applicable domestic abuse assessment under s. 973.055 (1),
7a jail sentence not to exceed 7 days.
AB133-SSA1,1426,29
803.03
(2) (b)
Options after joinder. Any party joined pursuant to par. (a) may
101. participate in the prosecution of the action, 2. agree to have his or her interest
11represented by the party who caused the joinder, or 3. move for dismissal with or
12without prejudice. If the party joined chooses to participate in the prosecution of the
13action, the party joined shall have an equal voice with other claimants in such
14prosecution.
If Except as provided in par. (bm), if the party joined chooses to have
15his or her interest represented by the party who caused the joinder, the party joined
16shall sign a written waiver of the right to participate which shall express consent to
17be bound by the judgment in the action. Such waiver shall become binding when filed
18with the court, but a party may withdraw the waiver upon timely motion to the judge
19to whom the case has been assigned with notice to the other parties. A party who
20represents the interest of another party and who obtains a judgment favorable to
21such other party may be awarded reasonable attorneys fees by the court. If the party
22joined moves for dismissal without prejudice as to his or her claim, the party shall
23demonstrate to the court that it would be unjust to require the party to prosecute the
24claim with the principal claim. In determining whether to grant the motion to
1dismiss, the court shall weigh the possible prejudice to the movant against the state's
2interest in economy of judicial effort.
AB133-SSA1,1426,124
803.03
(2) (bm)
Joinders because of implication of medical assistance. If the
5department of health and family services is joined as a party pursuant to par. (a) and
6s. 49.89 (2) because of the provision of benefits under subch. IV of ch. 49, the
7department of health and family services need not sign a waiver of the right to
8participate in order to have its interests represented by the party that caused the
9joinder. If the department of health and family services makes no selection under
10par. (b), the party causing the joinder shall represent the interests of the department
11of health and family services and the department of health and family services shall
12be bound by the judgment in the action.
AB133-SSA1,1426,2014
814.03
(3) Notwithstanding subs. (1) and (2), where the department of health
15and family services or a county is joined as a plaintiff pursuant to ss. 49.89 (2) and
16803.03 (2) (a) because of the provision of benefits under subch. IV of ch. 49
, and where
17the interests of the department of health and family services or of the county are
18represented under s. 803.03 (2) (b) by the party who caused the joinder, the
19department of health and family services or the county shall not be liable for costs
20to any prevailing defendant.
AB133-SSA1,1426,2222
814.60
(2) (a) Penalty assessment imposed by s.
165.87 757.05;
AB133-SSA1,1426,2424
814.60
(2) (ai) Consumer information assessment imposed by s. 100.261.
AB133-SSA1,1427,2
1814.61
(1) (c) 4. An action to terminate parental rights under subch. VIII of ch.
248.
AB133-SSA1,1427,44
814.61
(1) (c) 5. An action for adoption under subch. XIX of ch. 48.
AB133-SSA1,1427,66
814.615
(1) (a) 3. For a study under s. 767.11 (14), a fee of
$300 $500.
AB133-SSA1,1427,88
814.63
(3) (a) Penalty assessment imposed by s.
165.87 757.05.
AB133-SSA1,1427,1010
814.63
(3) (ai) Consumer information assessment imposed by s. 100.261.
AB133-SSA1,1427,1712
814.635
(1) Except for an action for a safety belt use violation under s. 347.48
13(2m), the clerk of circuit court shall charge and collect a
$7 $9 justice information
14system fee from any person, including any governmental unit as defined in s. 108.02
15(17), paying a fee under s. 814.61 (1) (a), (3) or (8) (am), 814.62 (1), (2) or (3) (a) or (b)
16or 814.63 (1). The justice information system fee is in addition to the other fees listed
17in this section.
AB133-SSA1,1427,1919
815.18
(3) (o)
Tuition units. Tuition units purchased under s.
16.24 14.63.
AB133-SSA1,1427,2421
823.08
(3) (c) 2. If the agricultural use or agricultural practice alleged to be a
22nuisance was begun before October 14, 1997, a department may advise the court
23under subd. 1. only if the department determines that cost-sharing is available to
24the defendant under s. 92.14
, 281.16 (5) or 281.65 or from any other source.
AB133-SSA1,1428,6
1859.02
(2) (a) It is a claim based on tort, on a marital property agreement that
2is subject to the time limitations under s. 766.58 (13) (b) or (c), on Wisconsin income,
3franchise, sales, withholding, gift or death taxes, or on unemployment insurance
4contributions due or benefits overpaid
,; a claim for funeral or administrative
5expenses
,; a claim of this state under s. 46.27 (7g), 49.496 or 49.682
or rules
6promulgated under s. 46.286 (7); or a claim of the United States; or
AB133-SSA1,1428,208
859.07
(2) If the decedent was at the time of death or at any time prior thereto
9a patient or inmate of any state or county hospital or institution or any person
10responsible for any obligation owing to the state or county under s. 46.03 (18), 46.10,
1148.36, 301.03 (18), 301.12 or 938.36 or if the decedent or the spouse of the decedent
12ever received
the family care benefit under s. 46.286, medical assistance under
13subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7)
14or aid under s. 49.68, 49.683 or 49.685, the personal representative shall send notice
15in writing of the date set under s. 859.01 by registered or certified mail to the
16department of health and family services or the department of corrections, as
17applicable, and the county clerk of the applicable county not less than 30 days before
18the date set under s. 859.01, upon such blanks and containing such information as
19the applicable department or county clerk may provide. The applicable county is the
20county of residence, as defined in s. 49.001 (6).
AB133-SSA1,1428,2522
867.01
(3) (a) 4. Whether the decedent or the decedent's spouse received
the
23family care benefit under s. 46.286, medical assistance under subch. IV of ch. 49,
24long-term community support services funded under s. 46.27 (7) or aid under s.
2549.68, 49.683 or 49.685.
AB133-SSA1,1429,82
867.01
(3) (d)
Notice. The court may hear the matter without notice or order
3notice to be given under s. 879.03. If the decedent or the decedent's spouse received
4the family care benefit under s. 46.286, medical assistance under subch. IV of ch. 49,
5long-term community support services funded under s. 46.27 (7) or aid under s.
649.68, 49.683 or 49.685, the petitioner shall give notice by certified mail to the
7department of health and family services as soon as practicable after filing the
8petition with the court.
AB133-SSA1,1429,1310
867.02
(2) (a) 6. Whether the decedent or the decedent's spouse received
the
11family care benefit under s. 46.286, medical assistance under subch. IV of ch. 49,
12long-term community support services funded under s. 46.27 (7) or aid under s.
1349.68, 49.683 or 49.685.
AB133-SSA1,1429,1815
867.03
(1g) (c) Whether the decedent or the decedent's spouse ever received
the
16family care benefit under s. 46.286, medical assistance under subch. IV of ch. 49,
17long-term community support services funded under s. 46.27 (7) or aid under s.
1849.68, 49.683 or 49.685.
AB133-SSA1,1430,520
867.03
(1m) (a) Whenever an heir or person who was guardian of the decedent
21at the time of the decedent's death intends to transfer a decedent's property by
22affidavit under sub. (1g) and the decedent or the decedent's spouse ever received
the
23family care benefit under s. 46.286, medical assistance under subch. IV of ch. 49,
24long-term community support services funded under s. 46.27 (7) or aid under s.
2549.68, 49.683 or 49.685, the heir or person who was guardian of the decedent at the
1time of the decedent's death shall give notice to the department of health and family
2services of his or her intent. The notice shall include the information in the affidavit
3under sub. (1g) and the heir or person who was guardian of the decedent at the time
4of the decedent's death shall give the notice by certified mail, return receipt
5requested.
AB133-SSA1,1430,157
867.03
(1m) (b) An heir or person who was guardian of the decedent at the time
8of the decedent's death who files an affidavit under sub. (1g) that states that the
9decedent or the decedent's spouse received
the family care benefit under s. 46.286, 10medical assistance under subch. IV of ch. 49, long-term community support services
11funded under s. 46.27 (7) or aid under s. 49.68, 49.683 or 49.685 shall attach to the
12affidavit the proof of mail delivery of the notice required under par. (a) showing a
13delivery date that is not less than 10 days before the day on which the heir or person
14who was guardian of the decedent at the time of the decedent's death files the
15affidavit.
AB133-SSA1, s. 3110
16Section
3110. 867.035 (1) (a) (intro.) of the statutes is amended to read:
AB133-SSA1,1431,217
867.035
(1) (a) (intro.) Except as provided in par. (bm), the department of
18health and family services may collect from the property of a decedent, including
19funds of a decedent that are held by the decedent immediately before death in a joint
20account or a P.O.D. account, by affidavit under this section an amount equal to the
21medical assistance that is recoverable under s. 49.496 (3) (a), the long-term
22community support services under s. 46.27 that is recoverable under s. 46.27 (7g) (c)
231.
, the family care benefit that is recoverable under rules promulgated under s.
2446.286 (7) or the aid under s. 49.68, 49.683 or 49.685 that is recoverable under s.
149.682 (2) (a) and that was paid on behalf of the decedent or the decedent's spouse,
2if all of the following conditions are satisfied:
AB133-SSA1,1431,114
867.035
(4) From the appropriation under s. 20.435
(5) (4) (im), with respect
5to funds collected by the department under sub. (1) related to medical assistance paid
6on behalf of the decedent or the decedent's spouse, the department of health and
7family services shall pay claims under sub. (3), shall pay to the federal government
8from the amount recovered under this section and not paid out as claims under sub.
9(3) an amount equal to the amount of federal funds used to pay the benefits recovered
10under this section and shall spend the remainder of the amount recovered under this
11section for medical assistance benefits under subch. IV of ch. 49.
AB133-SSA1,1431,1813
938.02
(6) "Foster home" means any facility that is operated by a person
14required to be licensed by s. 48.62 (1) (a) and that provides care and maintenance for
15no more than 4 juveniles
unless all of the juveniles are siblings or, if necessary to
16enable a sibling group to remain together, for no more than 6 juveniles or, if the
17department of health and family services promulgates rules permitting a different
18number of juveniles, for the number of juveniles permitted under those rules.
AB133-SSA1,1431,2220
938.02
(14m) "Pupil assistance program" means a program provided by a
21school board under s.
115.362 (4) (b) 2. 115.361 to intervene in the abuse of alcohol
22and other drugs by pupils.
AB133-SSA1,1432,2124
938.24
(5) The intake worker shall request that a petition be filed, enter into
25a deferred prosecution agreement or close the case within 40 days or sooner of receipt
1of referral information. Before entering into a deferred prosecution agreement, the
2intake worker shall comply with s. 938.245 (1m), if applicable. If the case is closed
3or a deferred prosecution agreement is entered into, the district attorney, corporation
4counsel or other official under s. 938.09 shall receive written notice of such action.
5If the case is closed, the known victims of the juvenile's alleged act shall receive notice
6as provided under sub. (5m), if applicable.
In addition, if a deferred prosecution
7agreement is entered into placing a juvenile in a youth village program as described
8in s. 118.42, the judge or juvenile court commissioner shall receive written notice of
9such action and, on receipt of that notice, shall enter an order requiring compliance
10with that agreement. A notice of deferred prosecution of an alleged delinquency case
11shall include a summary of the facts surrounding the allegation and a list of prior
12intake referrals and dispositions. If a law enforcement officer has made a
13recommendation concerning the juvenile, the intake worker shall forward this
14recommendation to the district attorney under s. 938.09. Notwithstanding the
15requirements of this section, the district attorney may initiate a delinquency petition
16under s. 938.25 within 20 days after notice that the case has been closed or that a
17deferred prosecution agreement has been entered into. The judge shall grant
18appropriate relief as provided in s. 938.315 (3) with respect to any such petition
19which is not referred or filed within the time limits specified within this subsection.
20Failure to object if a petition is not referred or filed within a time limit specified in
21this subsection waives that time limit.
AB133-SSA1,1433,3
1938.245
(2) (b) A deferred prosecution agreement
, other than an agreement
2under par. (a) 9., may not include any form of out-of-home placement and may not
3exceed one year.
AB133-SSA1,1433,125
938.245
(3) The obligations imposed under a deferred prosecution agreement
6and its effective date shall be set forth in writing.
If the deferred prosecution
7agreement places the juvenile in a youth village program under sub. (2) (a) 9., the
8judge or juvenile court commissioner shall receive written notice that a deferred
9prosecution agreement has been entered into and, on receipt of that notice, shall
10enter an order requiring compliance with that agreement. The juvenile and a parent,
11guardian and legal custodian shall receive a copy of the agreement and order, as shall
12any agency providing services under the agreement.
AB133-SSA1,1433,2214
938.245
(4) The intake worker shall inform the juvenile and the juvenile's
15parent, guardian and legal custodian in writing of their right to terminate
or, if the
16juvenile is subject to a deferred prosecution agreement under sub. (2) (a) 9., to
17request the court to terminate the deferred prosecution agreement at any time or to
18object at any time to the fact or terms of the deferred prosecution agreement. If an
19objection arises the intake worker may alter the terms of the agreement or request
20the district attorney or corporation counsel to file a petition. If the deferred
21prosecution agreement is terminated the intake worker may request the district
22attorney or corporation counsel to file a petition.
AB133-SSA1,1434,224
938.245
(5) A deferred prosecution agreement under sub. (2) (a) 1. to 8., (2g)
25or (2v). may be terminated upon the request of the juvenile, parent, guardian or legal
1custodian.
A deferred prosecution agreement under sub. (2) (a) 9. may be terminated
2by the court upon the request of the juvenile, parent, guardian or legal custodian.
AB133-SSA1,1434,154
938.32
(1) (a) At any time after the filing of a petition for a proceeding relating
5to s. 938.12 or 938.13 and before the entry of judgment, the judge or juvenile court
6commissioner may suspend the proceedings and place the juvenile under
7supervision in the juvenile's own home or present placement
or in a youth village
8program as described in s. 118.42. The court may establish terms and conditions
9applicable to the parent, guardian or legal custodian, and to the juvenile, including
10any of the conditions specified in subs. (1d), (1g), (1m), (1t), (1v) and (1x). The order
11under this section shall be known as a consent decree and must be agreed to by the
12juvenile; the parent, guardian or legal custodian; and the person filing the petition
13under s. 938.25. If the consent decree includes any conditions specified in sub. (1g),
14the consent decree shall include provisions for payment of the services as specified
15in s. 938.361. The consent decree shall be reduced to writing and given to the parties.
AB133-SSA1,1435,217
938.32
(2) (c) Upon the motion of the court or the application of the juvenile,
18parent, guardian, legal custodian, intake worker or any agency supervising the
19juvenile under the consent decree, the court may, after giving notice to the parties
20to the consent decree and their counsel, if any, extend the decree for up to an
21additional 6 months
or, if the consent decree places the juvenile in a youth village
22program as described in s. 118.42, for up to an additional one year in the absence of
23objection to extension by the parties to the initial consent decree. If the parent,
24guardian or legal custodian objects to the extension, the court shall schedule a
25hearing and make a determination on the issue of extension.
A consent decree
1placing a juvenile in a youth village program as described in s. 118.42 may be
2extended no more than twice.
AB133-SSA1,1435,85
938.34
(5m) Community service work program. Order the juvenile to
6participate in a youth corps program, as defined in s.
16.22 46.78 (1) (dm) or another
7community service work program, if the sponsor of the program approves the
8juvenile's participation in the program.
AB133-SSA1,1435,1310
938.532
(1) Program. The From the appropriations under s. 20.410 (3) (bb) and
11(hm), the department shall provide a juvenile boot camp program for juveniles who
12have been placed under the supervision of the department under s. 938.183, 938.34
13(4h) or (4m) or 938.357 (4).
AB133-SSA1,1436,1615
938.533
(2) Corrective sanctions program. From the appropriation under s.
1620.410 (3) (hr), the department shall provide a corrective sanctions program to serve
17an average daily population of
106 juveniles in fiscal year 1997-98 and 136 juveniles
18in fiscal year 1998-99, or an average daily population of more than
106 juveniles in
19fiscal year 1997-98 and 136 juveniles
in fiscal year 1998-99 if the appropriation
20under s. 20.410 (3) (hr) is supplemented under s. 13.101 or 16.515 and the positions
21for the program are increased under s. 13.101 or 16.505 (2) or if funding and positions
22to serve more than
those that average daily
populations population are otherwise
23available, in not less than 3 counties, including Milwaukee County. The office of
24juvenile offender review in the department shall evaluate and select for participation
25in the program juveniles who have been placed under the supervision of the
1department under s. 938.183, 938.34 (4h) or (4m) or 938.357 (4). The department
2shall place a program participant in the community, provide intensive surveillance
3of that participant and provide an average of
$5,000
$3,000 per year per slot to
4purchase community-based treatment services for each participant. The
5department shall make the intensive surveillance required under this subsection
6available 24 hours a day, 7 days a week, and may purchase or provide electronic
7monitoring for the intensive surveillance of program participants. The department
8shall provide a report center in Milwaukee County to provide on-site programming
9after school and in the evening for juveniles from Milwaukee County who are placed
10in the corrective sanctions program. A contact worker providing services under the
11program shall have a case load of approximately 10 juveniles and, during the initial
12phase of placement in the community under the program of a juvenile who is
13assigned to that contact worker, shall have not less than one face-to-face contact per
14day with that juvenile. Case management services under the program shall be
15provided by a corrective sanctions agent who shall have a case load of approximately
1615 juveniles. The department shall promulgate rules to implement the program.
AB133-SSA1,1436,1918
943.13
(4m) (c) A person entering or remaining on any exposed shore area of
19a stream as authorized under s. 30.134.
AB133-SSA1,1436,2321
944.21
(8) (b) 3. a. Is a technical college, is a school approved by the educational
22approval board under s.
39.51 45.54 or is a school described in s.
39.51 (9) (f), (g) or
23(h) 45.54 (1) (e) 6., 7. or 8.; and