SB40-SSA1,1566,1710
971.14
(5) (c) Upon receiving a report under par. (b)
, indicating the defendant
11has regained competency or is not competent and unlikely to become competent in
12the remaining commitment period, the court shall hold a hearing within 14 days of
13receipt of the report and the court shall proceed under sub. (4). If the court
14determines that the defendant has become competent, the defendant shall be
15discharged from commitment and the criminal proceeding shall be resumed. If the
16court determines that the defendant is making sufficient progress toward becoming
17competent, the commitment shall continue.
SB40-SSA1,1567,2119
971.17
(3) (e) An order for conditional release places the person in the custody
20and control of the department of health and family services. A conditionally released
21person is subject to the conditions set by the court and to the rules of the department
22of health and family services. Before a person is conditionally released by the court
23under this subsection, the court shall so notify the municipal police department and
24county sheriff for the area where the person will be residing. The notification
25requirement under this paragraph does not apply if a municipal department or
1county sheriff submits to the court a written statement waiving the right to be
2notified. If the department of health and family services alleges that a released
3person has violated any condition or rule, or that the safety of the person or others
4requires that conditional release be revoked, he or she may be taken into custody
5under the rules of the department. The department of health and family services
6shall submit a statement showing probable cause of the detention and a petition to
7revoke the order for conditional release to the committing court and the regional
8office of the state public defender responsible for handling cases in the county where
9the committing court is located within
48 72 hours after the detention
, excluding
10Saturdays, Sundays, and legal holidays. The court shall hear the petition within 30
11days, unless the hearing or time deadline is waived by the detained person. Pending
12the revocation hearing, the department of health and family services may detain the
13person in a jail or in a hospital, center or facility specified by s. 51.15 (2). The state
14has the burden of proving by clear and convincing evidence that any rule or condition
15of release has been violated, or that the safety of the person or others requires that
16conditional release be revoked. If the court determines after hearing that any rule
17or condition of release has been violated, or that the safety of the person or others
18requires that conditional release be revoked, it may revoke the order for conditional
19release and order that the released person be placed in an appropriate institution
20under s. 51.37 (3) until the expiration of the commitment or until again conditionally
21released under this section.
SB40-SSA1,1568,523
971.23
(10) Payment of photocopy copying costs in cases involving indigent
24defendants. When the state public defender or a private attorney appointed under
25s. 977.08 requests
photocopies copies, in any format, of any item that is discoverable
1under this section, the state public defender shall pay any fee charged for the
2photocopies copies from the appropriation under s. 20.550 (1) (f). If the person
3providing
photocopies copies under this section charges the state public defender a
4fee for the
photocopies copies, the fee may not exceed the actual, necessary
, and direct
5cost of
photocopying providing the copies.
SB40-SSA1,1568,117
973.017
(2) (a) If the offense is a felony, the sentencing guidelines adopted by
8the sentencing commission
under s. 973.30 created under 2001 Wisconsin Act 109, 9or, if the sentencing commission has not adopted a guideline for the offense, any
10applicable temporary sentencing guideline adopted by the criminal penalties study
11committee created under
1997 Wisconsin Act 283.
SB40-SSA1, s. 3880
12Section
3880. 973.045 (1) (intro.) of the statutes is amended to read:
SB40-SSA1,1568,1513
973.045
(1) (intro.)
Except as provided in sub. (1m), if If a court imposes a
14sentence or places a person on probation, the court shall impose a crime victim and
15witness assistance surcharge calculated as follows:
SB40-SSA1, s. 3881
16Section
3881. 973.045 (1m) of the statutes is repealed and recreated to read:
SB40-SSA1,1568,1817
973.045
(1m) (a) In this subsection, "civil offense" means an offense punishable
18by a forfeiture.
SB40-SSA1,1568,2019
(b) If all of the following apply, the court shall impose a crime victim and witness
20assistance surcharge in addition to any forfeiture that it imposes:
SB40-SSA1,1568,2121
1. The person is charged with one or more crimes in a complaint.
SB40-SSA1,1568,2322
2. As a result of the complaint being amended, the person is charged with a civil
23offense in lieu of one of those crimes.
SB40-SSA1,1568,2524
3. The court finds that the person committed that civil offense on or after the
25effective date of this subdivision .... [revisor inserts date].
SB40-SSA1,1569,3
1(c) The amount of the surcharge imposed under par. (b) shall be the amount
2specified in sub. (1) (a) or (b), depending on whether the crime that was the subject
3of the amendment under par. (b) 2. was a misdemeanor or a felony.
SB40-SSA1,1569,65
973.045
(1r) (b) The entire amount of any surcharge imposed under sub. (1m)
6shall be allocated to part A.
SB40-SSA1,1569,108
973.045
(2m) The secretary of administration shall credit part A of the crime
9victim and witness surcharge to the appropriation account under s. 20.455 (5) (g) and
10part B to the appropriation account under s. 20.455 (5) (gc).
SB40-SSA1, s. 3884
11Section
3884. 973.045 (3) (a) of the statutes is renumbered 973.045 (1r) (a),
12and 973.045 (1r) (a) (intro.), as renumbered, is amended to read:
SB40-SSA1,1569,1713
973.045
(1r) (a) (intro.) The clerk shall record
the any crime victim and witness
14surcharge
imposed under sub. (1) in 2 parts
. Part A is the portion that the secretary
15of administration shall credit to the appropriation account under s. 20.455 (5) (g) and
16part B is the portion that the secretary of administration shall credit to the
17appropriation account under s. 20.455 (5) (gc), as follows:
SB40-SSA1,1569,2019
973.05
(2m) (r) To payment of the enforcement surcharge under s.
253.06 49.17 20(4) (c) until paid in full.
SB40-SSA1,1569,2522
973.055
(1) (intro.) If a court imposes a sentence on an adult person or places
23an adult person on probation, regardless of whether any fine is imposed, the court
24shall impose a domestic abuse surcharge under ch. 814 of
$75 $100 for each offense
25if:
SB40-SSA1,1570,42
973.055
(3) All moneys collected from domestic abuse surcharges shall be
3deposited by the secretary of administration in s.
20.435 (3) 20.437 (1) (hh) and
4utilized in accordance with s.
46.95 49.165.
SB40-SSA1,1570,126
973.09
(1) (b) If the court places the person on probation, the court shall order
7the person to pay restitution under s. 973.20, unless the court finds there is
8substantial reason not to order restitution as a condition of probation. If the court
9does not require restitution to be paid to a victim, the court shall state its reason on
10the record. If the court does require restitution, it shall notify the department of
11justice of its decision if the victim may be eligible for compensation under
subch. I
12of ch. 949.
SB40-SSA1,1570,1814
973.20
(9) (a) If a crime victim is paid an award under
subch. I of ch. 949 for
15any loss arising out of a criminal act, the state is subrogated to the rights of the victim
16to any restitution required by the court. The rights of the state are subordinate to
17the claims of victims who have suffered a loss arising out of the offenses or any
18transaction which is part of the same continuous scheme of criminal activity.
SB40-SSA1,1571,320
973.20
(9) (b) When restitution is ordered, the court shall inquire to see if an
21award has been made under
subch. I of ch. 949 and if the department of justice is
22subrogated to the cause of action under s. 949.15. If the restitution ordered is less
23than or equal to the award under
subch. I of ch. 949, the restitution shall be
paid only
24to the general fund credited to the appropriation account under s. 20.455 (5) (hh).
25If the restitution ordered is greater than the award under
subch. I of ch. 949,
the
1general fund shall receive an amount equal to the award under
subch. I of ch. 949
2shall be credited to the appropriation account under s. 20.455 (5) (hh) and the balance
3shall be paid to the victim.
SB40-SSA1, s. 3896
7Section
3896. 973.30 (1) (b) of the statutes is renumbered 16.964 (13) (a) 2.
SB40-SSA1, s. 3898
9Section
3898. 973.30 (1) (d) of the statutes is renumbered 16.964 (13) (a) 3.
SB40-SSA1, s. 3901
12Section
3901. 973.30 (1) (g) of the statutes is renumbered 16.964 (13) (a) 4.
SB40-SSA1, s. 3902
13Section
3902. 973.30 (1) (h) of the statutes is renumbered 16.964 (13) (a) 5.
SB40-SSA1, s. 3903
14Section
3903. 973.30 (1) (i) of the statutes is renumbered 16.964 (13) (a) 6.
SB40-SSA1, s. 3904
15Section
3904. 973.30 (1) (j) of the statutes is renumbered 16.964 (13) (a) 7.
SB40-SSA1,1571,2219
977.02
(2m) Promulgate rules regarding eligibility for legal services under this
20chapter, including legal services for
children persons who are entitled to be
21represented by counsel without a determination of indigency, as provided in s. 48.23
22(4)
, 51.60, 55.105, or 938.23 (4).
SB40-SSA1,1572,324
977.02
(3) Promulgate rules regarding the determination of indigency of
25persons entitled to be represented by counsel, other than
children persons who are
1entitled to be represented by counsel under s. 48.23
, 51.60, 55.105, or 938.23,
2including the time period in which the determination must be made and the criteria
3to be used to determine indigency and partial indigency.
SB40-SSA1,1572,105
977.05
(4) (gm) In accordance with the standards under pars. (h) and (i), accept
6referrals from judges and courts for the provision of legal services without a
7determination of indigency of
children persons who are entitled to be represented by
8counsel under s. 48.23
, 51.60, 55.105, or 938.23, appoint counsel in accordance with
9contracts and policies of the board
, and inform the referring judge or court of the
10name and address of the specific attorney who has been assigned to the case.
SB40-SSA1,1572,1712
977.05
(4) (h) Accept requests for legal services from
children persons who are
13entitled to be represented by counsel under s. 48.23
, 51.60, 55.105, or 938.23 and
14from indigent persons who are entitled to be represented by counsel under s. 967.06
15or who are otherwise so entitled under the constitution or laws of the United States
16or this state and provide such persons with legal services when, in the discretion of
17the state public defender, such provision of legal services is appropriate.
SB40-SSA1,1572,2119
977.05
(4) (i) 8. Cases involving individuals who are subject to petitions for
20protective placement
or involuntary administration of psychotropic medication 21under ch. 55.
SB40-SSA1,1573,623
977.06
(2) (a) A person seeking to have counsel assigned for him or her under
24s. 977.08, other than a
child person who is entitled to be represented by counsel under
25s. 48.23
, 51.60, 55.105, or 938.23, shall sign a statement declaring that he or she has
1not disposed of any assets for the purpose of qualifying for that assignment of
2counsel. If the representative or authority making the indigency determination
3finds that any asset was disposed of for less than its fair market value for the purpose
4of obtaining that assignment of counsel, the asset shall be counted under s. 977.07
5(2) at its fair market value at the time it was disposed of, minus the amount of
6compensation received for the asset.
SB40-SSA1,1573,138
977.06
(2) (am) A person seeking to have counsel assigned for him or her under
9s. 977.08, other than a
child person who is entitled to be represented by counsel under
10s. 48.23
, 51.60, 55.105, or 938.23, shall sign a statement declaring that the
11information that he or she has given to determine eligibility for assignment of
12counsel he or she believes to be true and that he or she is informed that he or she is
13subject to the penalty under par. (b).
SB40-SSA1,1573,2315
977.06
(4) (bm) In response to a request for information under s. 49.22 (2m)
16made by the department of
workforce development children and families or a county
17child support agency under s. 59.53 (5), the state public defender shall provide the
18name and address of an individual, the name and address of the individual's
19employer and financial information related to the individual, if the name, address
20or financial information is included in any statement, affidavit or other information
21provided by the individual regarding financial eligibility under s. 977.07 and if, at
22the time the request for information is made, the individual is represented by the
23state public defender or by counsel assigned under s. 977.08.
SB40-SSA1,1574,5
1977.07
(1) (a) Determination of indigency for persons entitled to counsel shall
2be made as soon as possible and shall be in accordance with the rules promulgated
3by the board under s. 977.02 (3) and the system established under s. 977.06. No
4determination of indigency is required for a
child
person who is entitled to be
5represented by counsel under s. 48.23
, 51.60, 55.105, or 938.23.
SB40-SSA1,1574,167
977.07
(1) (c) For all referrals made under ss. 809.107, 809.30, 974.06 (3) (b)
8and 974.07 (11), except a referral of a
child person who is entitled to be represented
9by counsel under s. 48.23
, 51.60, 55.105, or 938.23, a representative of the state
10public defender shall determine indigency. For referrals made under ss. 809.107,
11809.30 and 974.06 (3) (b), except a referral of a
child person who is entitled to be
12represented by counsel under s. 48.23
, 51.60, 55.105, or 938.23, the representative
13of the state public defender may, unless a request for redetermination has been filed
14under s. 809.30 (2) (d) or the person's request for representation states that his or her
15financial circumstances have materially improved, rely upon a determination of
16indigency made for purposes of trial representation under this section.
SB40-SSA1,1574,2018
977.075
(1g) In this section, "client responsible for payment" means a client of
19the state public defender other than a client entitled to legal representation without
20a determination of indigency.
SB40-SSA1,1575,322
977.075
(3) The board shall establish by rule a fee schedule that sets the
23amount that a
person, other than a parent subject to s. 48.275 (2) (b) or 938.275 (2)
24(b), who is client responsible for payment
for legal representation shall pay for the
25cost of the legal representation if the
person client does not pay the applicable
1discount fee under sub. (3m). The schedule shall establish a fee for a given type of
2case, and the fee for a given type of case shall be based on the average cost, as
3determined by the board, for representation for that type of case.
SB40-SSA1,1575,135
977.075
(3m) The board shall establish by rule a fee schedule that sets the
6discount amount that a
person, other than a parent subject to s. 48.275 (2) (b) or
7938.275 (2) (b), who is client responsible for payment
for legal representation, may
8pay during a time period established by rule instead of paying the applicable fee
9under sub. (3). The fee schedule shall establish a discount fee for each type of case
10included in the schedule under sub. (3). If a
person
client responsible for payment 11pays the applicable discount fee within the time period established under this
12section, the
person client may not be held liable for any additional payment for
13counsel.
SB40-SSA1,1575,2015
977.075
(4) The board shall establish by rule a fee schedule that sets the
16maximum amount that a parent subject to s. 48.275 (2) (b) or 938.275 (2) (b) shall pay
17as reimbursement for legal services and sets the maximum amount that a person
18subject to s. 51.605 or 55.107 shall pay as reimbursement for legal services. The
19maximum amounts under this subsection shall be based on the average cost, as
20determined by the board, for each applicable type of case.
SB40-SSA1,1576,222
977.08
(1) If the representative or the authority for indigency determinations
23specified under s. 977.07 (1) refers a case to or within the office of the state public
24defender or if a case is referred under s. 48.23 (4)
, 51.60, 55.105, or 938.23 (4), the
25state public defender shall assign counsel according to subs. (3) and (4). If a
1defendant makes a request for change of attorney assignment, the change of attorney
2must be approved by the circuit court.
SB40-SSA1,1576,74
977.08
(2) (intro.) All attorneys in a county shall be notified in writing by the
5state public defender that a set of lists is being prepared of attorneys willing to
6represent
children persons referred under s. 48.23 (4)
, 51.60, 55.105, or 938.23 (4) 7and indigent clients in the following:
SB40-SSA1,1576,1810
977.085
(3) The board shall provide quarterly reports to the joint committee
11on finance on the status of reimbursement for or recoupment of payments under ss.
1248.275,
51.605, 55.107, 757.66, 938.275, 977.06, 977.07 (2), 977.075 and 977.076,
13including the amount of revenue generated by reimbursement and recoupment. The
14quarterly reports shall include any alternative means suggested by the board to
15improve reimbursement and recoupment procedures and to increase the amount of
16revenue generated. The department of justice, district attorneys, circuit courts and
17applicable county agencies shall cooperate by providing any necessary information
18to the state public defender.
SB40-SSA1,1576,2220
978.05
(4m) Welfare fraud investigations. Cooperate with the departments
21of
workforce development children and families and health and family services
22regarding the fraud investigation programs under ss. 49.197 (1m) and 49.845 (1).
SB40-SSA1,1577,624
980.036
(10) Payment of photocopy copying costs in cases involving indigent
25respondents. When the state public defender or a private attorney appointed under
1s. 977.08 requests
photocopies copies, in any format, of any item that is discoverable
2under this section, the state public defender shall pay any fee charged for the
3photocopies copies from the appropriation under s. 20.550 (1) (a). If the person
4providing
photocopies copies under this section charges the state public defender a
5fee for the
photocopies copies, the fee may not exceed the actual, necessary, and
, 6direct cost of
photocopying providing the copies.
