AB231-ASA1,5 23Section 5. 16.971 (9) of the statutes, as affected by 2017 Wisconsin Act 59, is
24amended to read:
AB231-ASA1,4,8
116.971 (9) In conjunction with the public defender board, the prosecutor board,
2the director of state courts, and the departments of corrections and justice and
3district attorneys
, the department may maintain, promote and coordinate
4automated justice information systems that are compatible among counties and the
5officers and agencies specified in this subsection, using the moneys appropriated
6under s. 20.505 (1) (kh) and (kq). The department shall annually report to the
7legislature under s. 13.172 (2) concerning the department's efforts to improve and
8increase the efficiency of integration of justice information systems.
AB231-ASA1,6 9Section 6. 16.971 (10) of the statutes is amended to read:
AB231-ASA1,4,1310 16.971 (10) The department shall maintain, and provide the department of
11justice and the state prosecutors office with general access to, a case management
12system that allows the state prosecutors office and district attorneys to manage all
13case-related information and share the information among prosecutors.
AB231-ASA1,7 14Section 7 . 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
15the following amounts for the purposes indicated: - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF
AB231-ASA1,8 16Section 8. 20.548 of the statutes is created to read:
AB231-ASA1,4,18 1720.548 Prosecutor board. There is appropriated to the prosecutor board for
18the following program:
AB231-ASA1,5,3
1(1) Coordination and administration of prosecutor functions. (a) Program
2administration.
The amounts in the schedule for program administration costs of
3the office of state prosecutors.
AB231-ASA1,5,64 (g) Gifts, grants, and proceeds. All moneys received from gifts and grants and
5all proceeds from services, conferences, and sales of publications and promotional
6materials for the purposes for which made or received.
AB231-ASA1,9 7Section 9. 20.923 (4) (f) 7x. of the statutes is created to read:
AB231-ASA1,5,88 20.923 (4) (f) 7x. State prosecutors office: executive director.
AB231-ASA1,10 9Section 10. 20.923 (6) (hs) of the statutes is created to read:
AB231-ASA1,5,1010 20.923 (6) (hs) State prosecutors office: legislative liaison.
AB231-ASA1,11 11Section 11. 227.118 of the statutes is created to read:
AB231-ASA1,5,21 12227.118 Review of rules affecting state prosecutors office. (1) Report
13on rules affecting state prosecutors office.
If a proposed rule directly affects the
14state prosecutors office, the agency proposing the rule shall, prior to submitting the
15proposed rule to the legislative council staff under s. 227.15, submit the proposed
16rule to the state prosecutors office. The state prosecutors office shall prepare a report
17on the proposed rule before it is submitted to the legislative council staff under s.
18227.15. The state prosecutors office may request any information from other state
19agencies, local governments, individuals, or organizations that is reasonably
20necessary for the office to prepare the report. The state prosecutors office shall
21prepare the report within 30 days after the rule is submitted to the office.
AB231-ASA1,5,24 22(2) Findings of the office to be contained in the report. The report of the
23state prosecutors office shall contain information about the effect of the proposed
24rule on the state prosecutors office.
AB231-ASA1,6,2
1(3) Applicability. This section does not apply to emergency rules promulgated
2under s. 227.24.
AB231-ASA1,12 3Section 12. 227.19 (3) (em) of the statutes is created to read:
AB231-ASA1,6,54 227.19 (3) (em) The report of the state prosecutors office, if the proposed rule
5directly affects the state prosecutors office.
AB231-ASA1,13 6Section 13. 230.08 (2) (qp) of the statutes is created to read:
AB231-ASA1,6,87 230.08 (2) (qp) The executive director and legislative liaison in the office of
8state prosecutors.
AB231-ASA1,14 9Section 14. 230.33 (1) of the statutes is amended to read:
AB231-ASA1,6,2010 230.33 (1) A person appointed to an unclassified position by the governor,
11elected officer, judicial body, or prosecutor board, or by a legislative body or
12committee shall be granted a leave of absence without pay for the duration of the
13appointment and for 3 months thereafter, during which time the person has
14restoration rights to the former position or equivalent position in the department in
15which last employed in a classified position without loss of seniority. The person
16shall also have reinstatement privileges for 5 years following appointment to the
17unclassified service or for one year after termination of the unclassified appointment
18whichever is longer. Restoration rights and reinstatement privileges shall be
19forfeited if the reason for termination of the unclassified appointment would also be
20reason for discharge from the former position in the classified service.
AB231-ASA1,15 21Section 15. 978.001 (1b), (1d) and (1n) of the statutes are created to read:
AB231-ASA1,6,2222 978.001 (1b) “Board" means the prosecutor board.
AB231-ASA1,6,24 23(1d) “Executive director" means the executive director appointed under s.
24978.003 (3).
AB231-ASA1,6,25 25(1n) “Office" means the state prosecutors office.
AB231-ASA1,16
1Section 16. 978.001 (1p) of the statutes is repealed.
AB231-ASA1,17 2Section 17. 978.003 of the statutes is created to read:
AB231-ASA1,7,3 3978.003 Board; duties. The board shall do all of the following:
AB231-ASA1,7,5 4(1) Submit the budget in accordance with s. 16.42 after the executive director
5submits the budget to the board and the board approves it.
AB231-ASA1,7,7 6(2) At least annually submit to the joint committee on finance
7recommendations on the allocation of prosecutor resources.
AB231-ASA1,7,9 8(3) Appoint an attorney with experience in criminal prosecution as the
9executive director of the office.
AB231-ASA1,7,10 10(4) Oversee, and set policy initiatives for, the executive director.
AB231-ASA1,7,12 11(5) Review existing law or proposed legislation and make recommendations to
12the legislature.
AB231-ASA1,18 13Section 18. 978.004 of the statutes is created to read:
AB231-ASA1,7,15 14978.004 State prosecutors office executive director. (1) The executive
15director shall do all of the following:
AB231-ASA1,7,1716 (a) Manage and direct the office subject to the policy initiatives set under s.
17978.003 (4).
AB231-ASA1,7,1918 (b) Prepare and submit to the board for its approval a budget and any personnel
19and employment policies that the board requires.
AB231-ASA1,7,2120 (c) Prepare and submit to the board and other appropriate persons an annual
21report of the activities of the office in the form that the board directs.
AB231-ASA1,7,2322 (d) Represent the board before the governor, the legislature, bar associations,
23courts, and other appropriate entities.
AB231-ASA1,8,524 (e) Appoint in the classified service an executive assistant and all other
25employees of the office. Before making an appointment under this paragraph, the

1executive director shall notify the board of any prospective appointment. If the board
2does not object to the prospective appointment within 7 working days after
3notification, the executive director may make the appointment. If the board objects
4to a prospective appointment, the executive director may not make the appointment
5until the board approves it.
AB231-ASA1,8,136 (f) Prepare fiscal estimates on bills affecting prosecutors or the office, including
7bills modifying or creating crimes or sentencing practices. To prepare a fiscal
8estimate, the executive director shall consult with and obtain data from district
9attorneys. The executive director shall transmit a draft fiscal estimate to the board.
10If the board does not object to the draft fiscal estimate within 7 working days after
11receiving it, the executive director may submit the fiscal estimate. If the board
12objects to a draft fiscal estimate, the executive director may not submit the fiscal
13estimate until the board approves it.
AB231-ASA1,8,16 14(2) The executive director may identify methods and practices for district
15attorneys that promote professional competence, ethical practices, and
16evidence-based practices.
AB231-ASA1,19 17Section 19. 978.005 of the statutes is created to read:
AB231-ASA1,8,23 18978.005 Limits on board and executive director. Neither the board nor
19the executive director may make any decision regarding the handling of any case nor
20interfere with any district attorney in carrying out professional duties. Neither the
21board nor the office may interfere with or infringe upon the autonomy of a district
22attorney or upon the authority of a district attorney to manage his or her own
23prosecutorial unit.
AB231-ASA1,20 24Section 20. 978.03 of the statutes is amended to read:
AB231-ASA1,9,11
1978.03 Deputies and assistants in certain prosecutorial units. (1) The
2district attorney of any prosecutorial unit having a population of 500,000 or more
3may appoint 7 deputy district attorneys and such assistant district attorneys as may
4be requested by the department of administration, or by the board, and authorized
5in accordance with s. 16.505. The district attorney shall rank the deputy district
6attorneys for purposes of carrying out duties under this section. The deputies,
7according to rank, may perform any duty of the district attorney, under the district
8attorney's direction. In the absence or disability of the district attorney, the deputies,
9according to rank, may perform any act required by law to be performed by the
10district attorney. Any such deputy must have practiced law in this state for at least
112 years prior to appointment under this section.
AB231-ASA1,9,22 12(1m) The district attorney of any prosecutorial unit having a population of
13200,000 or more but not more than 499,999 may appoint 3 deputy district attorneys
14and such assistant district attorneys as may be requested by the department of
15administration, or by the board, and authorized in accordance with s. 16.505. The
16district attorney shall rank the deputy district attorneys for purposes of carrying out
17duties under this section. The deputies, according to rank, may perform any duty
18of the district attorney, under the district attorney's direction. In the absence or
19disability of the district attorney, the deputies, according to rank, may perform any
20act required by law to be performed by the district attorney. Any such deputy must
21have practiced law in this state for at least 2 years prior to appointment under this
22section.
AB231-ASA1,9,25 23(2) The district attorney of any prosecutorial unit having a population of
24100,000 or more but not more than 199,999 may appoint one deputy district attorney
25and such assistant district attorneys as may be requested by the department of

1administration, or by the board, and authorized in accordance with s. 16.505. The
2deputy may perform any duty of the district attorney, under the district attorney's
3direction. In the absence or disability of the district attorney, the deputy may
4perform any act required by law to be performed by the district attorney. The deputy
5must have practiced law in this state for at least 2 years prior to appointment under
6this section.
AB231-ASA1,10,12 7(3) Any assistant district attorney under sub. (1), (1m), or (2) must be an
8attorney admitted to practice law in this state and, except as provided in s. 978.043
9(1), may perform any duty required by law to be performed by the district attorney.
10The district attorney of the prosecutorial unit under sub. (1), (1m), or (2) may appoint
11such temporary counsel as may be authorized by the department of administration
12board.
AB231-ASA1,21 13Section 21. 978.045 (1g) of the statutes is amended to read:
AB231-ASA1,10,2514 978.045 (1g) A court on its own motion may appoint a special prosecutor under
15sub. (1r) or a district attorney may request a court to appoint a special prosecutor
16under that subsection. Before a court appoints a special prosecutor on its own motion
17or at the request of a district attorney for an appointment that exceeds 6 hours per
18case, the court or district attorney shall request assistance from a district attorney,
19deputy district attorney or assistant district attorney from other prosecutorial units
20or an assistant attorney general. A district attorney requesting the appointment of
21a special prosecutor, or a court if the court is appointing a special prosecutor on its
22own motion, shall notify the department of administration, on a form provided by
23that department, of
office that the district attorney's attorney or the court's inability
24court, whichever is appropriate, is unable to obtain assistance from another
25prosecutorial unit or from an assistant attorney general.
AB231-ASA1,22
1Section 22. 978.045 (1r) (bm) (intro.) of the statutes, as affected by 2017
2Wisconsin Act 59
, is amended to read:
AB231-ASA1,11,93 978.045 (1r) (bm) (intro.) The judge may appoint an attorney as a special
4prosecutor at the request of a district attorney to assist the district attorney in the
5prosecution of persons charged with a crime, in grand jury proceedings, in
6proceedings under ch. 980, or in investigations. Except as provided under par. (bp),
7the judge may appoint an attorney as a special prosecutor only if the judge or the
8requesting district attorney submits an affidavit to the department of
9administration
office attesting that any of the following conditions exists:
AB231-ASA1,23 10Section 23. 978.045 (2) of the statutes is amended to read:
AB231-ASA1,11,2111 978.045 (2) If the department of administration office approves the
12appointment of a special prosecutor under sub. (1r), the court shall fix the amount
13of compensation for the attorney appointed according to the rates specified in s.
14977.08 (4m) (b). The department of administration shall pay the compensation
15ordered by the court from the appropriation under s. 20.475 (1) (d). The court, district
16attorney, and the special prosecutor shall provide any information regarding a
17payment of compensation that the department requests. Any payment under this
18subsection earns interest on the balance due from the 121st day after receipt of a
19properly completed invoice or receipt and acceptance of the property or service under
20the order or contract, whichever is later, at the rate specified in s. 71.82 (1) (a)
21compounded monthly.
AB231-ASA1,24 22Section 24. 978.05 (9) of the statutes is amended to read:
AB231-ASA1,11,2523 978.05 (9) Budget. Prepare a biennial budget request for submission to the
24department executive director under s. 978.11 978.004 (1) (b) by September 1 of each
25even-numbered year.
AB231-ASA1,25
1Section 25. 978.11 of the statutes is repealed.
AB231-ASA1,26 2Section 26. 978.12 (1) (c) of the statutes is amended to read:
AB231-ASA1,12,133 978.12 (1) (c) Assistant district attorneys. Assistant district attorneys shall be
4employed outside the classified service. For purposes of salary administration, the
5administrator of the division of personnel management in the department of
6administration, in consultation with the office, shall establish one or more
7classifications for assistant district attorneys in accordance with the classification
8or classifications allocated to assistant attorneys general. Except as provided in ss.
9111.93 (3) (b) and 230.12 (10), the salaries of assistant district attorneys shall be
10established and adjusted in accordance with the state compensation plan for
11assistant attorneys general whose positions are allocated to the classification or
12classifications established by the administrator of the division of personnel
13management in the department of administration
under this paragraph.
AB231-ASA1,27 14Section 27. Nonstatutory provisions.
AB231-ASA1,12,1515 (1) Prosecutor board.
AB231-ASA1,12,16 16(a) Initial terms for prosecutor board members.
AB231-ASA1,12,2117 1. The department of administration and the state prosecutors office shall
18administer and oversee the election of the initial members of the prosecutor board
19by May 1, 2018. The initial members shall select an executive director of the
20prosecutors office as provided under section 978.003 (3) of the statutes to begin on
21the effective date of this subdivision.
AB231-ASA1,13,322 2. Notwithstanding section 15.77 of the statutes, of the members of the
23prosecutor board who are elected under subdivision 1. as initial members, one
24member representing each district under section 752.11 (1) (b) and (d) of the statutes
25and one member under section 15.77 (3) of the statutes shall serve for a one-year

1term and one member representing the district under section 752.11 (1) (c) of the
2statutes, one member under section 15.77 (2) of the statutes, and one member under
3section 15.77 (3) of the statutes shall serve for a 2-year term.
AB231-ASA1,13,44 (b) Transfer of state prosecutors office.
AB231-ASA1,13,85 1. `Assets and liabilities.' On the effective date of this subdivision, the assets
6and liabilities of the department of administration that are primarily related to the
7state prosecutors office, as determined by the secretary of administration, become
8the assets and liabilities of the prosecutor board.
AB231-ASA1,13,129 2. `Tangible personal property.' On the effective date of this subdivision, all
10tangible personal property, including records, of the department of administration
11that is primarily related to the state prosecutors office, as determined by the
12secretary of administration, is transferred to the prosecutor board.
AB231-ASA1,13,1813 3. `Contracts.' All contracts entered into by the department of administration
14that are primarily related to the state prosecutors office, as determined by the
15secretary of administration, in effect on the effective date of this subdivision, remain
16in effect and are transferred to the prosecutor board. The prosecutor board shall
17carry out any such contractual obligations unless modified or rescinded by the
18prosecutor board to the extent allowed under the contract.
AB231-ASA1,13,2419 4. `Pending matters.' Any matter pending with the department of
20administration that is primarily related to the state prosecutors office, as
21determined by the secretary of administration, on the effective date of this
22subdivision, is transferred to the prosecutor board, and all materials submitted to or
23actions taken by the department of administration, with respect to the pending
24matter are considered as having been submitted to or taken by the prosecutor board.
AB231-ASA1,14,5
15. `Rules and orders.' All rules promulgated for the department of
2administration that are primarily related to the state prosecutors office, as
3determined by the secretary of administration, that are in effect on the effective date
4of this subdivision remain in effect until their specified expiration dates or until
5amended or repealed by the prosecutor board.
AB231-ASA1,14,66 (c) Plan for office space for prosecutors office.
AB231-ASA1,14,107 1. The prosecutor board, in consultation with the department of
8administration, shall, no later than March 1, 2018, submit to the joint committee on
9finance a plan to house the prosecutors office in the space that, on the effective date
10of this subdivision, is occupied by the director of the state prosecutors office.
AB231-ASA1,14,1511 2. The plan submitted under subdivision 1. shall include provisions for the
12acquisition or release, as appropriate, of space; the relocation, if necessary, of staff
13and tangible personal property; and any other provisions necessary for the
14transition. The plan shall provide office space for a legislative liaison and a space
15to accommodate meetings of the prosecutor board.
AB231-ASA1,14,2416 3. If the cochairpersons of the joint committee on finance do not notify the
17prosecutor board within 14 working days after the date the plan is submitted under
18subdivision 1. that the committee has scheduled a meeting to take place for the
19purpose of reviewing the plan, the prosecutor board shall implement the plan. If,
20within 14 working days after the date the plan is submitted under subdivision 1., the
21cochairpersons of the joint committee on finance notify the prosecutor board that the
22committee has scheduled a meeting for the purpose of reviewing the plan, the
23prosecutor board shall incorporate into the plan all changes made by the committee
24and implement the plan.
AB231-ASA1,28 25Section 28. Fiscal changes.
AB231-ASA1,15,5
1(1) In the schedule under section 20.005 (3) of the statutes for the appropriation
2to the department of administration under section 20.505 (1) (a) of the statutes, as
3affected by the acts of 2017, the dollar amount for fiscal year 2018-19 is decreased
4by $181,700 to decrease the authorized FTE positions for the department by 1.0 GPR
5position for the purpose of eliminating the state prosecutors office.
AB231-ASA1,29 6Section 29. Effective date.
AB231-ASA1,15,77 (1) This act takes effect on July 1, 2018.
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