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2949.16 Confidentiality of records. The record of a proceeding before an
3examiner or the department under this
chapter subchapter is a public record. Any
4record or report obtained by an examiner or the department, the confidentiality of
5which is protected by any other law or rule, shall remain confidential.
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949.165
(12) Payment is not an award. Any payment from an escrow account
8under this section shall not be considered as an award by the department under this
9chapter subchapter.
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11949.18 Report by the department. (intro.) The department's biennial
12report under s. 15.04 (1) (d) shall include a report of its activities under this
chapter 13subchapter including:
SB40-SSA1,1556,1615
949.18
(1) An explanation of the procedures for filing and processing claims
16under this
chapter subchapter.
SB40-SSA1,1556,1818
949.18
(4) A copy of the forms utilized under this
chapter subchapter.
SB40-SSA1, s. 3859
19Section
3859. 949.18 (5) (intro.) of the statutes is amended to read:
SB40-SSA1,1556,2120
949.18
(5) (intro.) A complete statistical analysis of the cases handled under
21this
chapter subchapter, including:
SB40-SSA1,1556,2323
949.18
(5) (e) A summary of cases handled under this
chapter subchapter.
SB40-SSA1, s. 3861
24Section
3861. Subchapter II of chapter 949 [precedes 949.20] of the statutes
25is created to read:
SB40-SSA1,1557,42
Subchapter II
3
sexual assault forensic
4
examination compensation
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5949.20 Definitions. In this subchapter:
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6(1) "Cooperate with a law enforcement agency" means to report a sex offense
7to a law enforcement agency or to aid a law enforcement agency in the investigation
8of a sex offense.
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9(2) "Department" means the department of justice.
SB40-SSA1,1557,17
10(3) "Examination costs" means the costs of an examination that is done to
11gather evidence regarding a sex offense, any procedure during that examination
12process that tests for or prevents a sexually transmitted disease, and any medication
13provided or prescribed, during that examination process, that prevents or treats a
14sexually transmitted disease that the person performing the examination or
15procedure believes could be a consequence of the sex offense. "Examination costs"
16does not include any processing or administrative costs, attorney fees, or other
17expenses.
SB40-SSA1,1557,18
18(4) "Guardian of the victim" means one of the following:
SB40-SSA1,1557,2019
1. If the victim is under 18 years of age, the parent, guardian, or legal custodian
20of the victim.
SB40-SSA1,1557,2221
2. If the victim has been determined to be incompetent under ch. 54, the
22guardian of the victim.
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23(5) "Health care provider" means any person providing health care services.
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24(6) "Law enforcement agency" has the meaning given in s. 165.83 (1) (b).
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1(7) "Sex offense" means an act committed in the state that, if committed by a
2competent adult, would be a violation, or an attempted violation, of s. 940.225,
3948.02, 948.025, 948.05, 948.06, 948.08, or 948.09.
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4(8) "Sexually transmitted disease" has the meaning given in s. 252.11 (1).
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5(9) "Victim" means a person against whom a sex offense has been committed.
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6949.22 Administration. The department shall administer this subchapter.
7The department shall appoint a program director to assist in administering this
8subchapter. The department shall promulgate rules for the implementation and
9operation of this subchapter. The rules shall include procedures to ensure that any
10limitation of an award is calculated in a fair and equitable manner.
SB40-SSA1,1558,13
11949.24 Application for award. (1) Eligibility. Any health care provider who
12conducts an examination to gather evidence regarding a sex offense may apply for
13an award under this subchapter.
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14(2) Forms. The department shall prescribe application forms for awards under
15this subchapter and shall furnish health care providers with the forms.
SB40-SSA1,1558,23
16(3) Medical records. An applicant shall submit to the department reports
17from any physician, physician's assistant, or nurse who treated or examined the
18victim to gather evidence regarding a sex offense, performed any procedure during
19that treatment or examination that tests for or prevents a sexually transmitted
20disease, or provided or prescribed any medication to prevent or treat a sexually
21transmitted disease. The applicant may not submit to the department any other
22records than those pertaining to the examination, treatment, procedure, or
23medication for which the applicant is seeking an award.
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24949.26 Computation of awards. (1) Except as provided in sub. (1m), the
25department shall make an award under this section to a health care provider who
1conducts an examination to gather evidence regarding a sex offense to reimburse the
2health care provider only for the examination costs, as follows:
SB40-SSA1,1559,63
(a) If, under sub. (2) (b), the health care provider is not authorized to seek
4payment from insurance or another available source of payment, the award shall be
5the examination costs, regardless of whether the victim, or any guardian of the
6victim, cooperates with a law enforcement agency regarding the sex offense.
SB40-SSA1,1559,117
(b) If, under sub. (2) (b), the health care provider is authorized to seek payment
8from insurance or another available source of payment and the victim, or any
9guardian of the victim, does not cooperate with a law enforcement agency regarding
10the sex offense, the award shall be the examination costs, reduced by any payment
11to be received as a result of the authorization under sub. (2) (b).
SB40-SSA1,1559,14
12(1m) The department may not make an award under this section if, under sub.
13(2) (b), the health care provider is authorized to seek payment and the victim, or any
14guardian of the victim, cooperates with a law enforcement agency.
SB40-SSA1,1559,16
15(2) (a) A health care provider seeking an award under this section may not seek
16payment for any examination costs from the victim or any guardian of the victim.
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(b) A health care provider seeking an award under this section may not seek
18payment for any examination costs from insurance or another available source of
19payment unless the victim or any guardian of the victim authorizes the health care
20provider to seek payment.
SB40-SSA1,1559,24
21(3) The department may not refuse to make an award under this section
22because the victim or the guardian of the victim does not cooperate with a law
23enforcement agency regarding the sex offense, or due to lack of an investigation or
24prosecution of the sex offense.
SB40-SSA1,1560,4
1949.28 Limitations on awards.
(1) No order for the payment of an award
2under this subchapter may be made unless the application was made within one year
3after the date of the examination. The department may waive the one-year
4requirement under this subsection in the interest of justice.
SB40-SSA1,1560,6
5(2) The department may not make an award under this subchapter that
6exceeds the examination costs of the victim.
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7(3) The department may not make an award under this subchapter for any part
8of the examination costs of the victim for which the health care provider seeking the
9award has received compensation from any other source.
SB40-SSA1,1560,12
10949.31 Hearings. (1) The procedure of ch. 227 for contested cases applies to
11hearings under this subchapter except as otherwise provided in this section and s.
12949.32.
SB40-SSA1,1560,15
13(2) The division of hearings and appeals in the department of administration
14shall appoint hearing examiners to make findings and orders under s. 227.46 and
15this subchapter.
SB40-SSA1,1560,19
16(3) All hearings shall be open to the public unless in a particular case the
17examiner determines that the hearing, or a portion of the hearing, shall be held in
18private having regard to the fact that the offender has not been convicted or to the
19interest of the victim.
SB40-SSA1,1560,23
20949.315 Subpoenas. The department or any of its authorized agents may
21issue subpoenas for persons or records for any investigation or hearing conducted
22under this subchapter and may enforce compliance with such subpoenas as provided
23in s. 885.12.
SB40-SSA1,1561,2
24949.32 Condition of victim. There is no privilege, except privileges arising
25from the attorney-client relationship, as to communications or records relevant to
1an issue of the physical condition of the victim in a proceeding under this subchapter
2in which that condition is an element.
SB40-SSA1,1561,7
3949.33 Agency cooperation. Upon request by the department, any state or
4local agency, including a district attorney or law enforcement agency, shall make
5available all reports, files, and other appropriate information which the department
6requests in order to make a determination that a health care provider is eligible for
7an award under this subchapter.
SB40-SSA1,1561,12
8949.36 Confidentiality. If a health care provider seeks an award under this
9subchapter, any personally identifiable information, as defined in s. 19.62 (5), of the
10victim who received the examination shall remain confidential unless written
11consent for the release of any personally identifiable information is provided by one
12of the following:
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13(1) Except as provided under sub. (2), the victim.
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14(2) If there is a guardian of the victim, the guardian of the victim.
SB40-SSA1,1561,16
15949.37 Offenses. (1)
Prohibition. In connection with an award under this
16subchapter, no person may do any of the following:
SB40-SSA1,1561,1717
(a) Submit a fraudulent application or claim for an award.
SB40-SSA1,1561,1918
(b) Intentionally make or cause to be made any false statement or
19representation of a material fact.
SB40-SSA1,1561,2220
(c) Intentionally conceal or fail to disclose information affecting the amount of
21or the initial or continued right to any such award when reasonably requested to
22provide such information by the department.
SB40-SSA1,1561,25
23(2) Penalties. Any person who violates this section shall be fined not more than
24$500 or imprisoned not more than 6 months or both. The person shall forfeit any
25benefit received and shall reimburse the state for payments received.
SB40-SSA1,1562,5
1(3) Damages. The state has a civil cause of action for relief against any person
2who violates this section for the amount of damages that the state sustained by
3reason of the violation and, in addition, for punitive damages not more than double
4the amount of damages that the state may have sustained, together with interest,
5and the cost of the suit.
SB40-SSA1,1562,7
6(4) Action. The attorney general may bring any action and has such powers
7as may be necessary to enforce this section.
SB40-SSA1,1562,10
8949.38 Report by the department. The department's biennial report under
9s. 15.04 (1) (d) shall include a report of its activities under this subchapter including
10all of the following:
SB40-SSA1,1562,12
11(1) An explanation of the procedures for filing and processing claims under this
12subchapter.
SB40-SSA1,1562,14
13(2) A description of the programs and policies instituted to promote awareness
14about the awards under this subchapter.
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15(3) An analysis of future needs and suggested program improvements.
SB40-SSA1,1562,16
16(4) A copy of the forms used under this subchapter.
SB40-SSA1,1562,18
17(5) A complete statistical analysis of the cases handled under this subchapter,
18including all of the following:
SB40-SSA1,1562,1919
(a) The number of claims filed.
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(b) The number of claims approved and the amount of each award.
SB40-SSA1,1562,2121
(c) The number of claims denied and the reasons for rejection.
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(d) A breakdown of claims by geographic area and month.
SB40-SSA1,1562,2424
950.04
(1v) (rm) To compensation, as provided under
subch. I of ch. 949.
SB40-SSA1,1563,3
1950.08
(2g) (b) The availability of compensation under
subch. I of ch. 949 and
2the address and telephone number at which to contact the department for
3information concerning compensation under
subch. I of ch. 949.
SB40-SSA1,1563,75
950.08
(2r) (d) The availability of compensation under
subch. I of ch. 949,
6including information concerning eligibility for compensation and the procedure for
7applying for compensation.
SB40-SSA1,1563,1210
961.41
(5) (c) 1.
Two-thirds The first $850,000 plus two-thirds of all moneys
11in excess of $1,275,000 collected
in each fiscal year from drug surcharges under this
12subsection shall be credited to the appropriation account under s. 20.435 (6) (gb).
SB40-SSA1,1563,1613
2.
One-third of all All moneys
in excess of $850,000 and up to $1,275,000 plus
14one-third of moneys in excess of $1,275,000 collected
in each fiscal year from drug
15surcharges under this subsection shall be credited to the appropriation account
16under s. 20.505 (6) (ku).
SB40-SSA1, s. 3869
17Section
3869. 967.06 of the statutes is renumbered 967.06 (1) and amended
18to read:
SB40-SSA1,1563,2419
967.06
(1) As soon as practicable after a person has been detained or arrested
20in connection with any offense
which that is punishable by incarceration, or in
21connection with any civil commitment proceeding, or in any other situation in which
22a person is entitled to counsel regardless of ability to pay under the constitution or
23laws of the United States or this state, the person shall be informed of his or her right
24to counsel.
Persons
SB40-SSA1,1564,8
1(2) (a) Except as provided in par. (b), a person entitled to counsel under sub.
2(1) who
indicate indicates at any time that
they wish he or she wants to be
3represented by a lawyer, and who
claim that they are
claims that he or she is not able
4to pay in full for a lawyer's services, shall immediately be permitted to contact the
5authority for indigency determinations specified under s. 977.07 (1). The authority
6for indigency determination in each county shall have daily telephone access to the
7county jail in order to identify all persons who are being held in the jail. The jail
8personnel shall provide by phone information requested by the authority.
SB40-SSA1,1564,14
9(3) In any case in which the state public defender provides representation to
10an indigent person, the public defender may request that the applicable court
11reporter or clerk of circuit court prepare and transmit any transcript or court record.
12The request shall be complied with. The state public defender shall, from the
13appropriation under s. 20.550 (1) (f), compensate the court reporter or clerk of circuit
14court for the cost of preparing, handling, duplicating
, and mailing the documents.
SB40-SSA1,1564,1916
967.06
(2) (b) If the person indicating that he or she wants to be represented
17by a lawyer is detained under ch. 48, 51, 55, or 938, the person shall be referred for
18appointment of counsel as provided under s. 48.23 (4), 51.60, 55.105, or 938.23 (4),
19whichever is applicable.
SB40-SSA1,1565,321
971.14
(3) (d) If the examiner reports that the defendant lacks competency, the
22examiner's opinion regarding the likelihood that the defendant, if provided
23treatment, may be restored to competency within the time period permitted under
24sub. (5) (a).
The examiner shall provide an opinion as to whether the individual's
25treatment should occur in an inpatient facility designated by the department of
1health and family services, or should be conducted in a jail or a locked unit of a facility
2that has entered into a voluntary agreement with the state to serve as a location for
3treatment, or as a condition of bail or bond.
SB40-SSA1,1565,205
971.14
(5) (a) If the court determines that the defendant is not competent but
6is likely to become competent within the period specified in this paragraph if
7provided with appropriate treatment, the court shall suspend the proceedings and
8commit the defendant to the custody of the department of health and family services
9for placement in an appropriate institution for the department to determine whether
10treatment shall occur in an appropriate institution designated by the department,
11or in a community-based treatment conducted in a jail or a locked unit of a facility
12that has entered into a voluntary agreement with the state to serve as a location for
13treatment, or as a condition of bail or bond, for a period of time not to exceed 12
14months, or the maximum sentence specified for the most serious offense with which
15the defendant is charged, whichever is less.
Under this subsection, the department
16of health and family services may commence services to a person in jail but shall, as
17soon as possible, transfer that person to an institution or provide services to the
18person in a nonjail setting consistent with this subsection. Days spent in
19commitment under this paragraph are considered days spent in custody under s.
20973.155.