Amendment ASA1-AB64

AB64-ASA1,930,21 944.21 (8) (b) 3. a. Is a technical college, is a school approved by the educational approval board department of safety and professional services under s. 440.52, or is a school described in s. 440.52 (1) (e) 6., 7. or 8.; and

AB64-ASA1,2249 Section 2249 . 946.15 of the statutes is repealed.

AB64-ASA1,2249e Section 2249e. 946.91 (3) (c) 3. of the statutes is created to read:

AB64-ASA1,930,25 946.91 (3) (c) 3. Any payment made for sharing of cost savings under s. 49.45 (26g).

AB64-ASA1,2249g Section 2249g. 946.93 (5) (c) 3. of the statutes is created to read:

AB64-ASA1,931,3 946.93 (5) (c) 3. Any payment made for sharing of cost savings under s. 49.45 (26g).

AB64-ASA1,2250m Section 2250m. 948.11 (4) (b) 3. a. of the statutes is amended to read:

AB64-ASA1,931,7 948.11 (4) (b) 3. a. Is a technical college, is a school approved by the educational approval board under s. 38.50 440.52, or is a school described in s. 38.50 440.52 (1) (e) 6., 7. or 8.; and

AB64-ASA1,2250p Section 2250p. 948.11 (4) (b) 3. a. of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,931,12 948.11 (4) (b) 3. a. Is a technical college, is a school approved by the educational approval board department of safety and professional services under s. 440.52, or is a school described in s. 440.52 (1) (e) 6., 7. or 8.; and

AB64-ASA1,2251c Section 2251c. 961.385 (2) (cs) 1. of the statutes, as created by 2015 Wisconsin Act 266, is amended to read:

AB64-ASA1,931,19 961.385 (2) (cs) 1. Require a practitioner to review that a patient's records under the program be reviewed before the practitioner issues a prescription order for the patient. The review required under this subdivision may be performed by the practitioner or by the practitioner's agent in accordance with applicable standards of practice. This subdivision does not apply after April 1, 2020.

AB64-ASA1,2251g Section 2251g. 961.385 (2) (cs) 2. (intro.) of the statutes, as created by 2015 Wisconsin Act 266, is amended to read:

AB64-ASA1,931,24 961.385 (2) (cs) 2. (intro.) The requirement under subd. 1. that a practitioner review a patient's records under the program be reviewed before the practitioner issues a prescription order for the patient does not apply if any of the following is true:

AB64-ASA1,2251L Section 2251L. 961.385 (2) (cs) 2. d. of the statutes, as created by 2015 Wisconsin Act 266, is amended to read:

AB64-ASA1,932,5 961.385 (2) (cs) 2. d. Due to emergency, it is not possible for the practitioner to review the patient's records under the program before the practitioner issues a prescription order for the patient.

AB64-ASA1,2251p Section 2251p. 961.385 (2) (cs) 2. e. of the statutes, as created by 2015 Wisconsin Act 266, is amended to read:

AB64-ASA1,932,11 961.385 (2) (cs) 2. e. The practitioner is unable It is not possible to review the patient's records under the program because the digital platform for the program is not operational or due to other technological failure if the practitioner reports that failure is reported to the board.

AB64-ASA1,2251t Section 2251t. 961.385 (2) (f) of the statutes is amended to read:

AB64-ASA1,932,17 961.385 (2) (f) Permit the board to refer to the appropriate licensing or regulatory board for discipline, or the appropriate law enforcement agency for investigation and possible prosecution, a pharmacist, pharmacy, or practitioner that fails to comply with rules promulgated under this subsection, including by failure to generate a record that is required by the program.

AB64-ASA1,2251x Section 2251x. 961.385 (2) (fm) of the statutes is created to read:

AB64-ASA1,932,22 961.385 (2) (fm) Permit the board to refer a pharmacist, pharmacy, or practitioner to the appropriate law enforcement agency for investigation and possible prosecution when the board has determined that a criminal violation may have occurred.

AB64-ASA1,2251xg Section 2251xg. 961.443 (2) of the statutes, as affected by 2017 Wisconsin Act 33, sections 1em, 1gm and 1im, and 2017 Wisconsin Act .... (this act), is repealed and recreated to read:

AB64-ASA1,933,6 961.443 (2) Immunity from criminal prosecution. An aider is immune from prosecution under s. 961.573 for the possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a controlled substance or a controlled substance analog, and under s. 961.69 (2) for possession of a masking agent under the circumstances surrounding or leading to his or her commission of an act described in sub. (1).

AB64-ASA1,2251xm Section 2251xm. 961.443 (2) (a) of the statutes, as affected by 2017 Wisconsin Act 33, section 1g, is amended to read:

AB64-ASA1,933,17 961.443 (2) (a) No aider may have his or her parole, probation, or extended supervision revoked, and an aider is immune from prosecution under s. 946.49 for bail jumping, under s. 961.573 for the possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a controlled substance or a controlled substance analog, and under s. 961.69 (2) for possession of a masking agent, under the circumstances surrounding or leading to his or her commission of an act described in sub. (1) that occurs on or after July 19, 2017, if the aider's attempt to obtain assistance occurs immediately after the aider believes the other person is suffering from the overdose or other adverse reaction.

AB64-ASA1,2251xp Section 2251xp. 961.443 (2) (b) 1. of the statutes, as created by 2017 Wisconsin Act 33, is amended to read:

AB64-ASA1,934,2 961.443 (2) (b) 1. No aided person may have his or her parole, probation, or extended supervision revoked under the circumstances surrounding or leading to an aider's commission of an act described in sub. (1) that occurs on or after July 19, 2017, if the aided person completes a treatment program as a condition of his or her parole, probation, or extended supervision or, if a treatment program is unavailable or would be prohibitive financially, agrees to be imprisoned in the county jail for not less than 15 days.

AB64-ASA1,2251xs Section 2251xs. 961.443 (2) (b) 2. of the statutes, as created by 2017 Wisconsin Act 33, is amended to read:

AB64-ASA1,934,14 961.443 (2) (b) 2. If an aided person is subject to prosecution under s. 946.49 for bail jumping, under s. 961.573 for the possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a controlled substance or a controlled substance analog, or under s. 961.69 (2) for possession of a masking agent under the circumstances surrounding or leading to an aider's commission of an act described in sub. (1) that occurs on or after July 19, 2017, the district attorney shall offer the aided person a deferred prosecution agreement that includes the completion of a treatment program. This subdivision does not apply to an aided person who is on parole, probation, or extended supervision and fails to meet a condition under subd. 1.

AB64-ASA1,2251y Section 2251y. 967.06 (2) (b) of the statutes is amended to read:

AB64-ASA1,934,19 967.06 (2) (b) If the person indicating that he or she wants to be represented by a lawyer is detained under ch. 48, 51, 55, or 938, or 980, the person shall be referred for appointment of counsel as provided under s. 48.23 (4), 51.60, 55.105, or 938.23 (4), or 980.03 (2) (a), whichever is applicable.

AB64-ASA1,2252 Section 2252 . 967.06 (3) of the statutes is amended to read:

AB64-ASA1,935,2 967.06 (3) In any case in which the state public defender provides representation to an indigent person, the public defender may request that the applicable court reporter or clerk of circuit court prepare and transmit any transcript or court record. The request shall be complied with. The state public defender shall, from the appropriation under s. 20.550 (1) (f) (a), compensate the court reporter or clerk of circuit court for the cost of preparing, handling, duplicating, and mailing the documents.

AB64-ASA1,2253 Section 2253 . 970.05 (2) (b) of the statutes is amended to read:

AB64-ASA1,935,8 970.05 (2) (b) When a transcript is requested under sub. (1) by the state public defender or by a private attorney appointed under s. 977.08, the state public defender shall pay the cost of the original from the appropriation under s. 20.550 (1) (f) (a) and any additional copies shall be paid for at the statutory rate by the party requesting the copies.

AB64-ASA1,2254 Section 2254 . 971.23 (10) of the statutes is amended to read:

AB64-ASA1,935,17 971.23 (10) Payment of copying costs in cases involving indigent defendants. When the state public defender or a private attorney appointed under s. 977.08 requests copies, in any format, of any item that is discoverable under this section, the state public defender shall pay any fee charged for the copies from the appropriation account under s. 20.550 (1) (f) (a). If the person providing copies under this section charges the state public defender a fee for the copies, the fee may not exceed the applicable maximum fee for copies of discoverable materials that is established by rule under s. 977.02 (9).

AB64-ASA1,2255 Section 2255 . 973.013 (3m) of the statutes is amended to read:

AB64-ASA1,936,11 973.013 (3m) If a person who has not attained the age of 16 18 years is sentenced to the Wisconsin state prisons, the department shall place the person at a juvenile correctional facility or a secured residential care center for children and youth, unless the department determines that placement in an institution under s. 302.01 is appropriate based on the person's prior record of adjustment in a correctional setting, if any; the person's present and potential vocational and educational needs, interests and abilities; the adequacy and suitability of available facilities; the services and procedures available for treatment of the person within the various institutions; the protection of the public; and any other considerations promulgated by the department by rule. The department may not place any person under the age of 18 years in the correctional institution authorized in s. 301.16 (1n). This subsection does not preclude the department from designating an adult correctional institution, other than the correctional institution authorized in s. 301.16 (1n), as a reception center for the person and subsequently transferring the person to a juvenile correctional facility or a secured residential care center for children and youth. Section 302.11 and ch. 304 apply to all persons placed in a juvenile correctional facility or a secured residential care center for children and youth under this subsection.

AB64-ASA1,2255p Section 2255p. 973.046 (3) of the statutes is amended to read:

AB64-ASA1,936,15 973.046 (3) All moneys collected from deoxyribonucleic acid analysis surcharges shall be deposited by the secretary of administration as specified in s. 20.455 (2) (Lm) (Lp) and utilized under s. 165.77.

AB64-ASA1,2257e Section 2257e. 977.02 (2m) of the statutes is amended to read:

AB64-ASA1,936,20 977.02 (2m) Promulgate rules regarding eligibility for legal services under this chapter, including legal services for persons who are entitled to be represented by counsel without a determination of indigency, as provided in s. 48.23 (4), 51.60, 55.105, or 938.23 (4), or 980.03 (2) (a).

AB64-ASA1,2257f Section 2257f. 977.02 (3) (intro.) of the statutes is amended to read:

AB64-ASA1,937,3 977.02 (3) (intro.) Promulgate rules regarding the determination of indigency of persons entitled to be represented by counsel, other than persons who are entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, or 980.03 (2) (a) including the time period in which the determination must be made and the criteria to be used to determine indigency and partial indigency. The rules shall specify that, in determining indigency, the representative of the state public defender shall do all of the following:

AB64-ASA1,2257g Section 2257g. 977.05 (4) (gm) of the statutes is amended to read:

AB64-ASA1,937,11 977.05 (4) (gm) In accordance with the standards under pars. (h) and (i), accept referrals from judges and courts for the provision of legal services without a determination of indigency of persons who are entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, or 980.03 (2) (a), appoint counsel in accordance with contracts and policies of the board, and inform the referring judge or court of the name and address of the specific attorney who has been assigned to the case.

AB64-ASA1,2257h Section 2257h. 977.05 (4) (h) of the statutes is amended to read:

AB64-ASA1,937,18 977.05 (4) (h) Accept requests for legal services from persons who are entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, or 980.03 (2) (a) and from indigent persons who are entitled to be represented by counsel under s. 967.06 or who are otherwise so entitled under the constitution or laws of the United States or this state and provide such persons with legal services when, in the discretion of the state public defender, such provision of legal services is appropriate.

AB64-ASA1,2257i Section 2257i. 977.05 (4) (i) 9. of the statutes is created to read:

AB64-ASA1,937,21 977.05 (4) (i) 9. Cases involving persons who are subject to petitions under ch. 980.

AB64-ASA1,2257j Section 2257j. 977.06 (2) (a) of the statutes is amended to read:

AB64-ASA1,938,6 977.06 (2) (a) A person seeking to have counsel assigned for him or her under s. 977.08, other than a person who is entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, or 980.03 (2) (a), shall sign a statement declaring that he or she has not disposed of any assets for the purpose of qualifying for that assignment of counsel. If the representative or authority making the indigency determination finds that any asset was disposed of for less than its fair market value for the purpose of obtaining that assignment of counsel, the asset shall be counted under rules promulgated under s. 977.02 (3) at its fair market value at the time it was disposed of, minus the amount of compensation received for the asset.

AB64-ASA1,2257k Section 2257k. 977.06 (2) (am) of the statutes is amended to read:

AB64-ASA1,938,13 977.06 (2) (am) A person seeking to have counsel assigned for him or her under s. 977.08, other than a person who is entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, or 980.03 (2) (a), shall sign a statement declaring that the information that he or she has given to determine eligibility for assignment of counsel he or she believes to be true and that he or she is informed that he or she is subject to the penalty under par. (b).

AB64-ASA1,2257L Section 2257L. 977.07 (1) (a) of the statutes is amended to read:

AB64-ASA1,938,19 977.07 (1) (a) Determination of indigency for persons entitled to counsel shall be made as soon as possible and shall be in accordance with the rules promulgated by the board under s. 977.02 (3) and the system established under s. 977.06. No determination of indigency is required for a person who is entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23 , or 980.03 (2) (a).

AB64-ASA1,2257m Section 2257m. 977.07 (1) (c) of the statutes is amended to read:

AB64-ASA1,939,6 977.07 (1) (c) For all referrals made under ss. 809.107, 809.30, 974.06 (3) (b) and 974.07 (11), except a referral of a person who is entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, or 980.03 (2) (a), a representative of the state public defender shall determine indigency. For referrals made under ss. 809.107, 809.30 and 974.06 (3) (b), except a referral of a person who is entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, or 980.03 (2) (a), the representative of the state public defender may, unless a request for redetermination has been filed under s. 809.30 (2) (d) or the person's request for representation states that his or her financial circumstances have materially improved, rely upon a determination of indigency made for purposes of trial representation under this section.

AB64-ASA1,2257n Section 2257n. 977.075 (4) of the statutes is amended to read:

AB64-ASA1,939,13 977.075 (4) The board shall establish by rule a fee schedule that sets the maximum amount that a parent subject to s. 48.275 (2) (b) or 938.275 (2) (b) shall pay as reimbursement for legal services and sets the maximum amount that a person subject to s. 51.605 or, 55.107 , or 980.0305 shall pay as reimbursement for legal services. The maximum amounts under this subsection shall be based on the average cost, as determined by the board, for each applicable type of case.

AB64-ASA1,2257o Section 2257o. 977.08 (1) of the statutes is amended to read:

AB64-ASA1,939,20 977.08 (1) If the representative or the authority for indigency determinations specified under s. 977.07 (1) refers a case to or within the office of the state public defender or if a case is referred under s. 48.23 (4), 51.60, 55.105, or 938.23 (4), or 980.03 (2) (a), the state public defender shall assign counsel according to subs. (3) and (4). If a defendant makes a request for change of attorney assignment, the change of attorney must be approved by the circuit court.

AB64-ASA1,2257p Section 2257p. 977.08 (2) (intro.) of the statutes is amended to read:

AB64-ASA1,939,25 977.08 (2) (intro.) All attorneys in a county shall be notified in writing by the state public defender that a set of lists is being prepared of attorneys willing to represent persons referred under s. 48.23 (4), 51.60, 55.105, or 938.23 (4), or 980.03 (2) (a) and indigent clients in the following:

AB64-ASA1,2258 Section 2258. 977.085 (1) (a) of the statutes is amended to read:

AB64-ASA1,940,3 977.085 (1) (a) Private bar and staff case loads at the trial and appellate levels and expenditures of moneys under s. 20.550 (1) (b) to (d) (a) for the current fiscal year.

AB64-ASA1,2259 Section 2259 . 977.085 (1) (b) of the statutes is amended to read:

AB64-ASA1,940,7 977.085 (1) (b) Projections for the private bar and staff case loads at the trial and appellate levels and for expenditures of moneys under s. 20.550 (1) (b) to (d) (a) for the remainder of the current fiscal year and for the next fiscal year.

AB64-ASA1,2260 Section 2260 . 977.085 (1m) of the statutes is amended to read:

AB64-ASA1,940,11 977.085 (1m) The projections under sub. (1) (b) shall include the number of cases projected to be assigned to the private bar and the number of cases for which reimbursement will be made under s. 20.550 (1) (d) (a).

AB64-ASA1,2261 Section 2261 . 977.085 (2) (intro.) of the statutes is amended to read:

AB64-ASA1,940,17 977.085 (2) (intro.) If the projections under sub. (1) (b) indicate that moneys are being expended under s. 20.550 (1) (d) (a) at a rate which will deplete the appropriation prior to the end of the current fiscal year, the board shall include in the report a plan to address the problem. The plan shall include proposals for one or more of the following:

AB64-ASA1,2261d Section 2261d. 977.085 (3) of the statutes is amended to read:

AB64-ASA1,941,2 977.085 (3) The board shall provide quarterly reports to the joint committee on finance on the status of reimbursement for or recoupment of payments under ss. 48.275, 51.605, 55.107, 757.66, 938.275, 977.06, 977.075 and, 977.076, and 980.0305, including the amount of revenue generated by reimbursement and recoupment. The quarterly reports shall include any alternative means suggested by the board to improve reimbursement and recoupment procedures and to increase the amount of revenue generated. The department of justice, district attorneys, circuit courts and applicable county agencies shall cooperate by providing any necessary information to the state public defender.

AB64-ASA1,2261g Section 2261g. 978.001 (1b), (1d) and (1n) of the statutes are created to read:

AB64-ASA1,941,4 978.001 (1b) “Board" means the prosecutor board.

AB64-ASA1,941,6 (1d) “Executive director" means the executive director appointed under s. 978.003 (3).

AB64-ASA1,941,7 (1n) “Office" means the state prosecutors office.

AB64-ASA1,2261h Section 2261h. 978.001 (1p) of the statutes is repealed.

AB64-ASA1,2261j Section 2261j. 978.003 of the statutes is created to read:

AB64-ASA1,941,10 978.003 Board; duties. The board shall do all of the following:

AB64-ASA1,941,12 (1) Submit the budget in accordance with s. 16.42 after the executive director submits the budget to the board and the board approves it.

AB64-ASA1,941,14 (2) At least annually submit to the joint committee on finance recommendations on the allocation of prosecutor resources.

AB64-ASA1,941,16 (3) Appoint an attorney with experience in criminal prosecution as the executive director of the office.

AB64-ASA1,941,17 (4) Oversee, and set policy initiatives for, the executive director.

AB64-ASA1,941,19 (5) Review existing law or proposed legislation and make recommendations to the legislature.

AB64-ASA1,2261L Section 2261L. 978.004 of the statutes is created to read: