SB40-CSA1,1477,5
1949.22 Administration. The department shall administer this subchapter.
2The department shall appoint a program director to assist in administering this
3subchapter. The department shall promulgate rules for the implementation and
4operation of this subchapter. The rules shall include procedures to ensure that any
5limitation of an award is calculated in a fair and equitable manner.
SB40-CSA1,1477,8 6949.24 Application for award. (1) Eligibility. Any health care provider who
7conducts an examination to gather evidence regarding a sex offense may apply for
8an award under this subchapter.
SB40-CSA1,1477,10 9(2) Forms. The department shall prescribe application forms for awards under
10this subchapter and shall furnish health care providers with the forms.
SB40-CSA1,1477,18 11(3) Medical records. An applicant shall submit to the department reports
12from any physician, physician's assistant, or nurse who treated or examined the
13victim to gather evidence regarding a sex offense, performed any procedure during
14that treatment or examination that tests for or prevents a sexually transmitted
15disease, or provided or prescribed any medication to prevent or treat a sexually
16transmitted disease. The applicant may not submit to the department any other
17records than those pertaining to the examination, treatment, procedure, or
18medication for which the applicant is seeking an award.
SB40-CSA1,1477,22 19949.26 Computation of awards. (1) Except as provided in sub. (1m), the
20department shall make an award under this section to a health care provider who
21conducts an examination to gather evidence regarding a sex offense to reimburse the
22health care provider only for the examination costs, as follows:
SB40-CSA1,1478,223 (a) If, under sub. (2) (b), the health care provider is not authorized to seek
24payment from insurance or another available source of payment, the award shall be

1the examination costs, regardless of whether the victim, or any guardian of the
2victim, cooperates with a law enforcement agency regarding the sex offense.
SB40-CSA1,1478,73 (b) If, under sub. (2) (b), the health care provider is authorized to seek payment
4from insurance or another available source of payment and the victim, or any
5guardian of the victim, does not cooperate with a law enforcement agency regarding
6the sex offense, the award shall be the examination costs, reduced by any payment
7to be received as a result of the authorization under sub. (2) (b).
SB40-CSA1,1478,10 8(1m) The department may not make an award under this section if, under sub.
9(2) (b), the health care provider is authorized to seek payment and the victim, or any
10guardian of the victim, cooperates with a law enforcement agency.
SB40-CSA1,1478,12 11(2) (a) A health care provider seeking an award under this section may not seek
12payment for any examination costs from the victim or any guardian of the victim.
SB40-CSA1,1478,1613 (b) A health care provider seeking an award under this section may not seek
14payment for any examination costs from insurance or another available source of
15payment unless the victim or any guardian of the victim authorizes the health care
16provider to seek payment.
SB40-CSA1,1478,20 17(3) The department may not refuse to make an award under this section
18because the victim or the guardian of the victim does not cooperate with a law
19enforcement agency regarding the sex offense, or due to lack of an investigation or
20prosecution of the sex offense.
SB40-CSA1,1478,24 21949.28 Limitations on awards. (1) No order for the payment of an award
22under this subchapter may be made unless the application was made within one year
23after the date of the examination. The department may waive the one-year
24requirement under this subsection in the interest of justice.
SB40-CSA1,1479,2
1(2) The department may not make an award under this subchapter that
2exceeds the examination costs of the victim.
SB40-CSA1,1479,5 3(3) The department may not make an award under this subchapter for any part
4of the examination costs of the victim for which the health care provider seeking the
5award has received compensation from any other source.
SB40-CSA1,1479,8 6949.31 Hearings. (1) The procedure of ch. 227 for contested cases applies to
7hearings under this subchapter except as otherwise provided in this section and s.
8949.32.
SB40-CSA1,1479,11 9(2) The division of hearings and appeals in the department of administration
10shall appoint hearing examiners to make findings and orders under s. 227.46 and
11this subchapter.
SB40-CSA1,1479,15 12(3) All hearings shall be open to the public unless in a particular case the
13examiner determines that the hearing, or a portion of the hearing, shall be held in
14private having regard to the fact that the offender has not been convicted or to the
15interest of the victim.
SB40-CSA1,1479,19 16949.315 Subpoenas. The department or any of its authorized agents may
17issue subpoenas for persons or records for any investigation or hearing conducted
18under this subchapter and may enforce compliance with such subpoenas as provided
19in s. 885.12.
SB40-CSA1,1479,23 20949.32 Condition of victim. There is no privilege, except privileges arising
21from the attorney-client relationship, as to communications or records relevant to
22an issue of the physical condition of the victim in a proceeding under this subchapter
23in which that condition is an element.
SB40-CSA1,1480,3 24949.33 Agency cooperation. Upon request by the department, any state or
25local agency, including a district attorney or law enforcement agency, shall make

1available all reports, files, and other appropriate information which the department
2requests in order to make a determination that a health care provider is eligible for
3an award under this subchapter.
SB40-CSA1,1480,8 4949.36 Confidentiality. If a health care provider seeks an award under this
5subchapter, any personally identifiable information, as defined in s. 19.62 (5), of the
6victim who received the examination shall remain confidential unless written
7consent for the release of any personally identifiable information is provided by one
8of the following:
SB40-CSA1,1480,9 9(1) Except as provided under sub. (2), the victim.
SB40-CSA1,1480,10 10(2) If there is a guardian of the victim, the guardian of the victim.
SB40-CSA1,1480,12 11949.37 Offenses. (1) Prohibition. In connection with an award under this
12subchapter, no person may do any of the following:
SB40-CSA1,1480,1313 (a) Submit a fraudulent application or claim for an award.
SB40-CSA1,1480,1514 (b) Intentionally make or cause to be made any false statement or
15representation of a material fact.
SB40-CSA1,1480,1816 (c) Intentionally conceal or fail to disclose information affecting the amount of
17or the initial or continued right to any such award when reasonably requested to
18provide such information by the department.
SB40-CSA1,1480,21 19(2) Penalties. Any person who violates this section shall be fined not more than
20$500 or imprisoned not more than 6 months or both. The person shall forfeit any
21benefit received and shall reimburse the state for payments received.
SB40-CSA1,1481,2 22(3) Damages. The state has a civil cause of action for relief against any person
23who violates this section for the amount of damages that the state sustained by
24reason of the violation and, in addition, for punitive damages not more than double

1the amount of damages that the state may have sustained, together with interest,
2and the cost of the suit.
SB40-CSA1,1481,4 3(4) Action. The attorney general may bring any action and has such powers
4as may be necessary to enforce this section.
SB40-CSA1,1481,7 5949.38 Report by the department. The department's biennial report under
6s. 15.04 (1) (d) shall include a report of its activities under this subchapter including
7all of the following:
SB40-CSA1,1481,9 8(1) An explanation of the procedures for filing and processing claims under this
9subchapter.
SB40-CSA1,1481,11 10(2) A description of the programs and policies instituted to promote awareness
11about the awards under this subchapter.
SB40-CSA1,1481,12 12(3) An analysis of future needs and suggested program improvements.
SB40-CSA1,1481,13 13(4) A copy of the forms used under this subchapter.
SB40-CSA1,1481,15 14(5) A complete statistical analysis of the cases handled under this subchapter,
15including all of the following:
SB40-CSA1,1481,1616 (a) The number of claims filed.
SB40-CSA1,1481,1717 (b) The number of claims approved and the amount of each award.
SB40-CSA1,1481,1818 (c) The number of claims denied and the reasons for rejection.
SB40-CSA1,1481,1919 (d) A breakdown of claims by geographic area and month.
SB40-CSA1, s. 3863 20Section 3863. 950.04 (1v) (rm) of the statutes is amended to read:
SB40-CSA1,1481,2121 950.04 (1v) (rm) To compensation, as provided under subch. I of ch. 949.
SB40-CSA1, s. 3864 22Section 3864. 950.08 (2g) (b) of the statutes is amended to read:
SB40-CSA1,1481,2523 950.08 (2g) (b) The availability of compensation under subch. I of ch. 949 and
24the address and telephone number at which to contact the department for
25information concerning compensation under subch. I of ch. 949.
SB40-CSA1, s. 3865
1Section 3865. 950.08 (2r) (d) of the statutes is amended to read:
SB40-CSA1,1482,42 950.08 (2r) (d) The availability of compensation under subch. I of ch. 949,
3including information concerning eligibility for compensation and the procedure for
4applying for compensation.
SB40-CSA1, s. 3866 5Section 3866. 961.41 (5) (c) of the statutes, as affected by 2005 Wisconsin Act
625
, is amended to read:
SB40-CSA1,1482,97 961.41 (5) (c) 1. Two-thirds The first $850,000 plus two-thirds of all moneys
8in excess of $1,275,000 collected in each fiscal year from drug surcharges under this
9subsection shall be credited to the appropriation account under s. 20.435 (6) (gb).
SB40-CSA1,1482,1310 2. One-third of all All moneys in excess of $850,000 and up to $1,275,000 plus
11one-third of moneys in excess of $1,275,000
collected in each fiscal year from drug
12surcharges under this subsection shall be credited to the appropriation account
13under s. 20.505 (6) (ku).
SB40-CSA1, s. 3869 14Section 3869. 967.06 of the statutes is renumbered 967.06 (1) and amended
15to read:
SB40-CSA1,1482,2116 967.06 (1) As soon as practicable after a person has been detained or arrested
17in connection with any offense which that is punishable by incarceration, or in
18connection with any civil commitment proceeding, or in any other situation in which
19a person is entitled to counsel regardless of ability to pay under the constitution or
20laws of the United States or this state, the person shall be informed of his or her right
21to counsel. Persons
SB40-CSA1,1483,4 22(2) (a) Except as provided in par. (b), a person entitled to counsel under sub.
23(1)
who indicate indicates at any time that they wish he or she wants to be
24represented by a lawyer, and who claim that they are claims that he or she is not able
25to pay in full for a lawyer's services, shall immediately be permitted to contact the

1authority for indigency determinations specified under s. 977.07 (1). The authority
2for indigency determination in each county shall have daily telephone access to the
3county jail in order to identify all persons who are being held in the jail. The jail
4personnel shall provide by phone information requested by the authority.
SB40-CSA1,1483,10 5(3) In any case in which the state public defender provides representation to
6an indigent person, the public defender may request that the applicable court
7reporter or clerk of circuit court prepare and transmit any transcript or court record.
8The request shall be complied with. The state public defender shall, from the
9appropriation under s. 20.550 (1) (f), compensate the court reporter or clerk of circuit
10court for the cost of preparing, handling, duplicating, and mailing the documents.
SB40-CSA1, s. 3870 11Section 3870. 967.06 (2) (b) of the statutes is created to read:
SB40-CSA1,1483,1512 967.06 (2) (b) If the person indicating that he or she wants to be represented
13by a lawyer is detained under ch. 48, 51, 55, or 938, the person shall be referred for
14appointment of counsel as provided under s. 48.23 (4), 51.60, 55.105, or 938.23 (4),
15whichever is applicable.
SB40-CSA1, s. 3871 16Section 3871. 971.14 (3) (d) of the statutes is amended to read:
SB40-CSA1,1483,2417 971.14 (3) (d) If the examiner reports that the defendant lacks competency, the
18examiner's opinion regarding the likelihood that the defendant, if provided
19treatment, may be restored to competency within the time period permitted under
20sub. (5) (a). The examiner shall provide an opinion as to whether the individual's
21treatment should occur in an inpatient facility designated by the department of
22health and family services, or should be conducted in a jail or a locked unit of a facility
23that has entered into a voluntary agreement with the state to serve as a location for
24treatment, or as a condition of bail or bond.
SB40-CSA1, s. 3872 25Section 3872. 971.14 (5) (a) of the statutes is amended to read:
SB40-CSA1,1484,16
1971.14 (5) (a) If the court determines that the defendant is not competent but
2is likely to become competent within the period specified in this paragraph if
3provided with appropriate treatment, the court shall suspend the proceedings and
4commit the defendant to the custody of the department of health and family services
5for placement in an appropriate institution for the department to determine whether
6treatment shall occur in an appropriate institution designated by the department,
7or in a community-based treatment conducted in a jail or a locked unit of a facility
8that has entered into a voluntary agreement with the state to serve as a location for
9treatment, or as a condition of bail or bond,
for a period of time not to exceed 12
10months, or the maximum sentence specified for the most serious offense with which
11the defendant is charged, whichever is less. Under this subsection, the department
12of health and family services may commence services to a person in jail but shall, as
13soon as possible, transfer that person to an institution or provide services to the
14person in a nonjail setting consistent with this subsection.
Days spent in
15commitment under this paragraph are considered days spent in custody under s.
16973.155.
SB40-CSA1, s. 3873 17Section 3873. 971.14 (5) (b) of the statutes is amended to read:
SB40-CSA1,1485,418 971.14 (5) (b) The defendant shall be periodically reexamined by the treatment
19facility
department of health and family services examiners. Written reports of
20examination shall be furnished to the court 3 months after commitment, 6 months
21after commitment, 9 months after commitment and within 30 days prior to the
22expiration of commitment. Each report shall indicate either that the defendant has
23become competent, that the defendant remains incompetent but that attainment of
24competency is likely within the remaining commitment period, or that the defendant
25has not made such progress that attainment of competency is likely within the

1remaining commitment period. Any report indicating such a lack of sufficient
2progress shall include the examiner's opinion regarding whether the defendant is
3mentally ill, alcoholic, drug dependent, developmentally disabled or infirm because
4of aging or other like incapacities.
SB40-CSA1, s. 3874 5Section 3874. 971.14 (5) (c) of the statutes is amended to read:
SB40-CSA1,1485,136 971.14 (5) (c) Upon receiving a report under par. (b), indicating the defendant
7has regained competency or is not competent and unlikely to become competent in
8the remaining commitment period, the court shall hold a hearing within 14 days of
9receipt of the report and
the court shall proceed under sub. (4). If the court
10determines that the defendant has become competent, the defendant shall be
11discharged from commitment and the criminal proceeding shall be resumed. If the
12court determines that the defendant is making sufficient progress toward becoming
13competent, the commitment shall continue.
SB40-CSA1, s. 3875 14Section 3875. 971.17 (3) (e) of the statutes is amended to read:
SB40-CSA1,1486,1715 971.17 (3) (e) An order for conditional release places the person in the custody
16and control of the department of health and family services. A conditionally released
17person is subject to the conditions set by the court and to the rules of the department
18of health and family services. Before a person is conditionally released by the court
19under this subsection, the court shall so notify the municipal police department and
20county sheriff for the area where the person will be residing. The notification
21requirement under this paragraph does not apply if a municipal department or
22county sheriff submits to the court a written statement waiving the right to be
23notified. If the department of health and family services alleges that a released
24person has violated any condition or rule, or that the safety of the person or others
25requires that conditional release be revoked, he or she may be taken into custody

1under the rules of the department. The department of health and family services
2shall submit a statement showing probable cause of the detention and a petition to
3revoke the order for conditional release to the committing court and the regional
4office of the state public defender responsible for handling cases in the county where
5the committing court is located within 48 72 hours after the detention, excluding
6Saturdays, Sundays, and legal holidays
. The court shall hear the petition within 30
7days, unless the hearing or time deadline is waived by the detained person. Pending
8the revocation hearing, the department of health and family services may detain the
9person in a jail or in a hospital, center or facility specified by s. 51.15 (2). The state
10has the burden of proving by clear and convincing evidence that any rule or condition
11of release has been violated, or that the safety of the person or others requires that
12conditional release be revoked. If the court determines after hearing that any rule
13or condition of release has been violated, or that the safety of the person or others
14requires that conditional release be revoked, it may revoke the order for conditional
15release and order that the released person be placed in an appropriate institution
16under s. 51.37 (3) until the expiration of the commitment or until again conditionally
17released under this section.
SB40-CSA1, s. 3876 18Section 3876. 971.23 (10) of the statutes is amended to read:
SB40-CSA1,1487,219 971.23 (10) Payment of photocopy copying costs in cases involving indigent
20defendants.
When the state public defender or a private attorney appointed under
21s. 977.08 requests photocopies copies, in any format, of any item that is discoverable
22under this section, the state public defender shall pay any fee charged for the
23photocopies copies from the appropriation under s. 20.550 (1) (f). If the person
24providing photocopies copies under this section charges the state public defender a

1fee for the photocopies copies, the fee may not exceed the actual, necessary, and direct
2cost of photocopying providing the copies.
SB40-CSA1, s. 3879d 3Section 3879d. 973.017 (2) (a) of the statutes is amended to read:
SB40-CSA1,1487,84 973.017 (2) (a) If the offense is a felony, the sentencing guidelines adopted by
5the sentencing commission under s. 973.30 created under 2001 Wisconsin Act 109,
6or, if the sentencing commission has not adopted a guideline for the offense, any
7applicable temporary sentencing guideline adopted by the criminal penalties study
8committee created under 1997 Wisconsin Act 283.
SB40-CSA1, s. 3880 9Section 3880. 973.045 (1) (intro.) of the statutes is amended to read:
SB40-CSA1,1487,1210 973.045 (1) (intro.) Except as provided in sub. (1m), if If a court imposes a
11sentence or places a person on probation, the court shall impose a crime victim and
12witness assistance surcharge calculated as follows:
SB40-CSA1, s. 3881 13Section 3881. 973.045 (1m) of the statutes is repealed and recreated to read:
SB40-CSA1,1487,1514 973.045 (1m) (a) In this subsection, "civil offense" means an offense punishable
15by a forfeiture.
SB40-CSA1,1487,1716 (b) If all of the following apply, the court shall impose a crime victim and witness
17assistance surcharge in addition to any forfeiture that it imposes:
SB40-CSA1,1487,1818 1. The person is charged with one or more crimes in a complaint.
SB40-CSA1,1487,2019 2. As a result of the complaint being amended, the person is charged with a civil
20offense in lieu of one of those crimes.
SB40-CSA1,1487,2221 3. The court finds that the person committed that civil offense on or after the
22effective date of this subdivision .... [revisor inserts date].
SB40-CSA1,1487,2523 (c) The amount of the surcharge imposed under par. (b) shall be the amount
24specified in sub. (1) (a) or (b), depending on whether the crime that was the subject
25of the amendment under par. (b) 2. was a misdemeanor or a felony.
SB40-CSA1, s. 3882
1Section 3882. 973.045 (1r) (b) of the statutes is created to read:
SB40-CSA1,1488,32 973.045 (1r) (b) The entire amount of any surcharge imposed under sub. (1m)
3shall be allocated to part A.
SB40-CSA1, s. 3883 4Section 3883. 973.045 (2m) of the statutes is created to read:
SB40-CSA1,1488,75 973.045 (2m) The secretary of administration shall credit part A of the crime
6victim and witness surcharge to the appropriation account under s. 20.455 (5) (g) and
7part B to the appropriation account under s. 20.455 (5) (gc).
SB40-CSA1, s. 3884 8Section 3884. 973.045 (3) (a) of the statutes is renumbered 973.045 (1r) (a),
9and 973.045 (1r) (a) (intro.), as renumbered, is amended to read:
SB40-CSA1,1488,1410 973.045 (1r) (a) (intro.) The clerk shall record the any crime victim and witness
11surcharge imposed under sub. (1) in 2 parts. Part A is the portion that the secretary
12of administration shall credit to the appropriation account under s. 20.455 (5) (g) and
13part B is the portion that the secretary of administration shall credit to the
14appropriation account under s. 20.455 (5) (gc),
as follows:
SB40-CSA1, s. 3885 15Section 3885. 973.05 (2m) (r) of the statutes is amended to read:
SB40-CSA1,1488,1716 973.05 (2m) (r) To payment of the enforcement surcharge under s. 253.06 49.17
17(4) (c) until paid in full.
SB40-CSA1, s. 3885m 18Section 3885m. 973.055 (1) (intro.) of the statutes is amended to read:
SB40-CSA1,1488,2219 973.055 (1) (intro.) If a court imposes a sentence on an adult person or places
20an adult person on probation, regardless of whether any fine is imposed, the court
21shall impose a domestic abuse surcharge under ch. 814 of $75 $100 for each offense
22if:
SB40-CSA1, s. 3886 23Section 3886. 973.055 (3) of the statutes is amended to read:
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