AB548-ASA1,11,25 3(4) If the claims board division of hearings and appeals finds that the
4preponderance of evidence demonstrates that the petitioner was innocent and that
5he or she did not by his or her act or failure to act contribute to bring about the
6conviction and imprisonment for which he or she seeks compensation, the claims
7board
of the crime for which he or she was imprisoned, the division shall transmit
8its findings to the claims board. The claims board
shall find the amount which will
9equitably compensate the petitioner, not to exceed $25,000 and at a rate of
10compensation not greater than $5,000 of $50,000, or the amount determined under
11sub. (4m) (a), whichever applies,
per year, prorated daily, for the imprisonment.
12Compensation awarded by the claims board In addition, the claims board shall
13include find any amount to which the board finds the petitioner is entitled for
14reasonable, actual attorney fees, together with all costs and disbursements incurred
15by the petitioner in his or her defense, postconviction, and compensation proceedings
16and all fees, surcharges, and restitution paid by the petitioner as a result of his or
17her arrest and imprisonment. The claims board shall subtract any moneys received
18by the petitioner under s. 808.085
. If the claims board finds that the amount it is able
19to award find is not an adequate compensation it shall submit a report specifying an
20amount which it considers adequate to the chief clerk of each house of the legislature,
21for distribution to the legislature under s. 13.172 (2). The claims board shall, subject
22to sub. (4g), award the compensation specified in the decision and order
23disbursement, pursuant to sub. (4d), of the award to the petitioner or any other
24individual who is entitled to receive a payment from the appropriation under s.
2520.505 (4) (d), except that the total amount of the award may not exceed $1,000,000.
AB548-ASA1,14
1Section 14. 775.05 (4c) of the statutes is created to read:
AB548-ASA1,12,62 775.05 (4c) The claims board shall develop and issue a pamphlet regarding
3financial information management services to each petitioner or other individual to
4whom the claims board awards compensation under sub. (4). The pamphlet shall
5include Internet site addresses or other general contact information for publicly
6available financial management tools and resources.
AB548-ASA1,15 7Section 15. 775.05 (4d) of the statutes is created to read:
AB548-ASA1,12,108 775.05 (4d) The claims board may award the compensation specified in the
9decision under sub. (4) in an annuity payable over an amount of time determined by
10the claims board, but not to exceed the time the petitioner was imprisoned.
AB548-ASA1,16 11Section 16 . 775.05 (4g) and (4h) of the statutes are created to read:
AB548-ASA1,12,2012 775.05 (4g) (a) As a condition of eligibility for compensation under sub. (4), a
13petitioner shall automatically assign to the claims board his or her right to any
14settlement, judgment, or award that may be obtained against any 3rd party in any
15federal or state action for damages related to wrongful imprisonment for the crime
16specified in sub. (2) (a). The petition shall, in itself, constitute an assignment by
17operation of law. The assignment shall be considered a statutory lien on any
18settlement, judgment, or award received by the petitioner from a 3rd party in an
19amount equal to the amount of the settlement, judgment, or award, or the amount
20of compensation awarded under sub. (4), whichever is less.
AB548-ASA1,12,2521 (b) If a petitioner obtains, before the claims board awards compensation under
22sub. (4), a final judgment, settlement, or award for damages in a federal or state
23action related to wrongful imprisonment for the crime specified in sub. (2) (a), the
24claims board shall subtract the amount of the judgment, settlement, or award from
25the compensation.
AB548-ASA1,13,9
1(4h) Once the claims board determines the proper compensation award, but
2before the award is disbursed, the claims board shall determine the amount owed,
3if any, by the petitioner for any outstanding restitution, court fees, and fines related
4to any convictions that remain in place and that are not the subject of a finding of
5innocence under this section. The prosecutor of such convictions is responsible for
6providing the claims board with an accounting of all unpaid restitution, court fees,
7and fines. The claims board shall deduct and withhold from the compensation award
8any money owed, based on the accounting, before disbursing the compensation, and
9shall distribute the money withheld to the person to whom it is owed.
AB548-ASA1,17 10Section 17. 775.05 (4m) and (4r) of the statutes are created to read:
AB548-ASA1,13,1611 775.05 (4m) (a) On April 1 of each year, the claims board shall adjust the
12amount of yearly compensation specified in sub. (4) to reflect any changes in the U.S.
13consumer price index for all urban consumers, U.S. city average, as determined by
14the U.S. department of labor, for the 12-month period ending on the preceding
15December 31. The board shall publish the adjusted amount so determined in the
16Wisconsin Administrative Register.
AB548-ASA1,13,1917 (b) On January 1, 2022, and once every 5 years thereafter, the claims board
18shall make a recommendation to the legislature as to whether the dollar amount of
19the maximum award under sub. (4) should be changed.
AB548-ASA1,13,21 20(4r) At any hearing conducted under this section, the petitioner may be
21represented by counsel of his or her own choosing.
AB548-ASA1,18 22Section 18. 775.05 (5) of the statutes is amended to read:
AB548-ASA1,14,223 775.05 (5) The claims board shall keep a complete record of its the proceedings
24in each case petition under this section and of all the evidence related to the petition.

1The findings and decision of the division of hearings and appeals and the award of
2the claims board shall be subject to review as provided in ch. 227.
AB548-ASA1,19 3Section 19 . 808.085 of the statutes is created to read:
AB548-ASA1,14,6 4808.085 Wrongful imprisonment; relief. (1) If a court acts under s. 808.08
5to release a person from confinement in a prison, the person may petition the court
6for any or all of the following:
AB548-ASA1,14,87 (a) A court order directing the department of corrections to create a transition
8to release plan.
AB548-ASA1,14,119 (b) A financial assistance award not to exceed 133 percent of the federal poverty
10level for up to 14 months, or while proceedings under s. 775.05 are pending,
11whichever is shorter.
AB548-ASA1,14,1912 (c) Sealing of all records relating to the case. Records sealed under this section
13shall be available to the person. Records on the consolidated court automation
14program case management system shall be sealed and inaccessible by the public.
15Other records sealed under this section may not be made available for public
16inspection unless the person seeking access to the records files a petition with the
17court for access to the records and the court determines that the benefit to the public
18interest is greater than the harm to the public interest that may result from access
19to those records.
AB548-ASA1,14,23 20(2) The court shall, within 10 days after it receives the petition under sub. (1),
21grant the relief sought if the person's criminal conviction was reversed, set aside, or
22vacated for reasons not inconsistent with the person's innocence of the crime for
23which he or she was convicted.
AB548-ASA1,15,2 24(3) If a person who is granted relief under this section is subsequently convicted
25of the same charges for which he or she was granted relief, or if his or her conviction

1is reinstated, the person shall repay any financial assistance award granted under
2this section and all records related to the case shall be unsealed.
AB548-ASA1,15,8 3(4) To the extent it is not contrary to or inconsistent with federal law, financial
4assistance a person receives pursuant to this section may not be included as income
5for the purpose of determining whether the person is indigent under rules
6promulgated under ch. 977 or for the purpose of determining the person's eligibility
7for any program for which the department of health services or the department of
8children and families provides services, benefits, or other assistance under ch. 49.
AB548-ASA1,20 9Section 20 . 893.57 of the statutes is renumbered 893.57 (1).
AB548-ASA1,21 10Section 21 . 893.57 (2) of the statutes is created to read:
AB548-ASA1,15,1411 893.57 (2) Notwithstanding sub. (1), an action to recover damages for libel,
12slander, assault, battery, invasion of privacy, false imprisonment, or other
13intentional tort brought against a person who has received compensation for a
14wrongful conviction under s. 775.05 shall proceed as follows:
AB548-ASA1,15,1915 (a) An action to recover damages for an intentional tort that resulted in a final
16judgement of conviction for a criminal offense that occurred prior to the offense for
17which the individual has been awarded compensation under s. 775.05 shall be
18brought within 3 years after the cause of action accrues or within one year after
19compensation is awarded under s. 775.05, whichever is later, or be barred.
AB548-ASA1,16,220 (b) If the action to recover damages for an intentional tort is brought later than
213 years after the cause of action accrues but within one year after compensation is
22awarded under s. 775.05, any damages awarded may not exceed 50 percent of the
23compensation awarded under s. 775.05, and any amounts the exonerated person
24receives as an annuity under s. 775.05 (4d) shall not be counted as part of the total

1compensation award but shall be exempt from a damage award for an intentional
2tort.
AB548-ASA1,22 3Section 22 . 977.05 (4) (jr) of the statutes is created to read:
AB548-ASA1,16,64 977.05 (4) (jr) At the request of a person determined by the state public
5defender to be indigent or upon referral of any court, represent the person in
6proceedings under s. 775.05.
AB548-ASA1,23 7Section 23 . 977.05 (4) (jw) of the statutes is created to read:
AB548-ASA1,16,108 977.05 (4) (jw) At the request of an inmate determined by the state public
9defender to be indigent or upon referral of any court, represent the person in
10proceedings under s. 808.085.
AB548-ASA1,24 11Section 24 . Nonstatutory provisions.
AB548-ASA1,16,2312 (1) Medical Assistance for wrongfully imprisoned persons. Notwithstanding
13the eligibility criteria under section 49.471 (4) (a) of the statutes, any individual who
14receives compensation under section 775.05 of the statutes after the effective date
15of this subsection is eligible for the Medical Assistance program under section 49.471
16of the statutes during the period before January 1, 2019. The department of health
17services shall request any approval from the federal department of health and
18human services that is necessary to provide Medical Assistance benefits to those
19individuals. If federal approval is not necessary or if federal approval is received, the
20department of health services shall provide benefits under section 49.471 of the
21statutes to those individuals. If federal approval is not received, the department of
22health services is not required to provide Medical Assistance benefits to those
23individuals.
AB548-ASA1,25 24Section 25. Initial applicability.
AB548-ASA1,17,15
1(1) Except as provided in subsections (2) and (3), this act first applies with
2respect to petitions filed by persons who are released on or after March 13, 1980, from
3imprisonment for crimes of which they claim to be innocent. A person may petition
4for additional compensation if he or she was released from imprisonment on or after
5March 13, 1980, and accepted compensation from this state for wrongful
6imprisonment prior to the effective date of this subsection. A person may not petition
7for additional compensation if he or she was released from imprisonment on or after
8March 13, 1980, has a valid conviction on his or her criminal record for a first degree
9sexual assault that occurred prior to release and is required to comply with lifetime
10reporting requirements under section 301.45 of the statutes for the conviction, and
11accepted compensation from this state for wrongful imprisonment prior to the
12effective date of this subsection. The claims board may, at its discretion, consider the
13petition and may award compensation to the extent payable under section 775.05 of
14the statutes notwithstanding any release signed by the claimant as a condition
15precedent to receiving an initial compensation award.
AB548-ASA1,17,2016 (2) The treatment of section 71.05 (6) (b) 54. of the statutes first applies to
17taxable years beginning on January 1 of the year in which this subsection takes
18effect, except that if this subsection takes effect after July 31, section 71.05 (6) (b) 54.
19of the statutes first applies to taxable years beginning on January 1 of the year
20following the year in which this subsection takes effect.
AB548-ASA1,17,2221 (3) The treatment of section 775.05 (4g) (a) of the statutes first applies to
22petitions filed on or after the effective date of this subsection.
Loading...
Loading...