AB64-ASA1,930,2119 944.21 (8) (b) 3. a. Is a technical college, is a school approved by the educational
20approval board
department of safety and professional services under s. 440.52, or is
21a school described in s. 440.52 (1) (e) 6., 7. or 8.; and
AB64-ASA1,2249 22Section 2249 . 946.15 of the statutes is repealed.
AB64-ASA1,2249e 23Section 2249e. 946.91 (3) (c) 3. of the statutes is created to read:
AB64-ASA1,930,2524 946.91 (3) (c) 3. Any payment made for sharing of cost savings under s. 49.45
25(26g).
AB64-ASA1,2249g
1Section 2249g. 946.93 (5) (c) 3. of the statutes is created to read:
AB64-ASA1,931,32 946.93 (5) (c) 3. Any payment made for sharing of cost savings under s. 49.45
3(26g).
AB64-ASA1,2250m 4Section 2250m. 948.11 (4) (b) 3. a. of the statutes is amended to read:
AB64-ASA1,931,75 948.11 (4) (b) 3. a. Is a technical college, is a school approved by the educational
6approval board under s. 38.50 440.52, or is a school described in s. 38.50 440.52 (1)
7(e) 6., 7. or 8.; and
AB64-ASA1,2250p 8Section 2250p. 948.11 (4) (b) 3. a. of the statutes, as affected by 2017
9Wisconsin Act .... (this act), is amended to read:
AB64-ASA1,931,1210 948.11 (4) (b) 3. a. Is a technical college, is a school approved by the educational
11approval board
department of safety and professional services under s. 440.52, or is
12a school described in s. 440.52 (1) (e) 6., 7. or 8.; and
AB64-ASA1,2251c 13Section 2251c. 961.385 (2) (cs) 1. of the statutes, as created by 2015 Wisconsin
14Act 266
, is amended to read:
AB64-ASA1,931,1915 961.385 (2) (cs) 1. Require a practitioner to review that a patient's records
16under the program be reviewed before the practitioner issues a prescription order for
17the patient. The review required under this subdivision may be performed by the
18practitioner or by the practitioner's agent in accordance with applicable standards
19of practice.
This subdivision does not apply after April 1, 2020.
AB64-ASA1,2251g 20Section 2251g. 961.385 (2) (cs) 2. (intro.) of the statutes, as created by 2015
21Wisconsin Act 266
, is amended to read:
AB64-ASA1,931,2422 961.385 (2) (cs) 2. (intro.) The requirement under subd. 1. that a practitioner
23review a
patient's records under the program be reviewed before the practitioner
24issues a prescription order for the patient does not apply if any of the following is true:
AB64-ASA1,2251L
1Section 2251L. 961.385 (2) (cs) 2. d. of the statutes, as created by 2015
2Wisconsin Act 266
, is amended to read:
AB64-ASA1,932,53 961.385 (2) (cs) 2. d. Due to emergency, it is not possible for the practitioner to
4review the patient's records under the program before the practitioner issues a
5prescription order for the patient.
AB64-ASA1,2251p 6Section 2251p. 961.385 (2) (cs) 2. e. of the statutes, as created by 2015
7Wisconsin Act 266
, is amended to read:
AB64-ASA1,932,118 961.385 (2) (cs) 2. e. The practitioner is unable It is not possible to review the
9patient's records under the program because the digital platform for the program is
10not operational or due to other technological failure if the practitioner reports that
11failure is reported to the board.
AB64-ASA1,2251t 12Section 2251t. 961.385 (2) (f) of the statutes is amended to read:
AB64-ASA1,932,1713 961.385 (2) (f) Permit the board to refer to the appropriate licensing or
14regulatory board for discipline, or the appropriate law enforcement agency for
15investigation and possible prosecution,
a pharmacist, pharmacy, or practitioner that
16fails to comply with rules promulgated under this subsection, including by failure to
17generate a record that is required by the program.
AB64-ASA1,2251x 18Section 2251x. 961.385 (2) (fm) of the statutes is created to read:
AB64-ASA1,932,2219 961.385 (2) (fm) Permit the board to refer a pharmacist, pharmacy, or
20practitioner to the appropriate law enforcement agency for investigation and
21possible prosecution when the board has determined that a criminal violation may
22have occurred.
AB64-ASA1,2251xg 23Section 2251xg. 961.443 (2) of the statutes, as affected by 2017 Wisconsin Act
2433
, sections 1em, 1gm and 1im, and 2017 Wisconsin Act .... (this act), is repealed and
25recreated to read:
AB64-ASA1,933,6
1961.443 (2) Immunity from criminal prosecution. An aider is immune from
2prosecution under s. 961.573 for the possession of drug paraphernalia, under s.
3961.41 (3g) for the possession of a controlled substance or a controlled substance
4analog, and under s. 961.69 (2) for possession of a masking agent under the
5circumstances surrounding or leading to his or her commission of an act described
6in sub. (1).
AB64-ASA1,2251xm 7Section 2251xm. 961.443 (2) (a) of the statutes, as affected by 2017 Wisconsin
8Act 33
, section 1g, is amended to read:
AB64-ASA1,933,179 961.443 (2) (a) No aider may have his or her parole, probation, or extended
10supervision revoked, and an aider is immune from prosecution under s. 946.49 for
11bail jumping,
under s. 961.573 for the possession of drug paraphernalia, under s.
12961.41 (3g) for the possession of a controlled substance or a controlled substance
13analog, and under s. 961.69 (2) for possession of a masking agent, under the
14circumstances surrounding or leading to his or her commission of an act described
15in sub. (1) that occurs on or after July 19, 2017, if the aider's attempt to obtain
16assistance occurs immediately after the aider believes the other person is suffering
17from the overdose or other adverse reaction.
AB64-ASA1,2251xp 18Section 2251xp. 961.443 (2) (b) 1. of the statutes, as created by 2017
19Wisconsin Act 33
, is amended to read:
AB64-ASA1,934,220 961.443 (2) (b) 1. No aided person may have his or her parole, probation, or
21extended supervision revoked under the circumstances surrounding or leading to an
22aider's commission of an act described in sub. (1) that occurs on or after July 19, 2017,
23if the aided person completes a treatment program as a condition of his or her parole,
24probation, or extended supervision or, if a treatment program is unavailable or would

1be prohibitive financially, agrees to be imprisoned in the county jail for not less than
215 days.
AB64-ASA1,2251xs 3Section 2251xs. 961.443 (2) (b) 2. of the statutes, as created by 2017 Wisconsin
4Act 33
, is amended to read:
AB64-ASA1,934,145 961.443 (2) (b) 2. If an aided person is subject to prosecution under s. 946.49
6for bail jumping,
under s. 961.573 for the possession of drug paraphernalia, under
7s. 961.41 (3g) for the possession of a controlled substance or a controlled substance
8analog, or under s. 961.69 (2) for possession of a masking agent under the
9circumstances surrounding or leading to an aider's commission of an act described
10in sub. (1) that occurs on or after July 19, 2017, the district attorney shall offer the
11aided person a deferred prosecution agreement that includes the completion of a
12treatment program. This subdivision does not apply to an aided person who is on
13parole, probation, or extended supervision and fails to meet a condition under subd.
141.
AB64-ASA1,2251y 15Section 2251y. 967.06 (2) (b) of the statutes is amended to read:
AB64-ASA1,934,1916 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, or 980, the person shall be
18referred for appointment of counsel as provided under s. 48.23 (4), 51.60, 55.105, or
19938.23 (4), or 980.03 (2) (a), whichever is applicable.
AB64-ASA1,2252 20Section 2252 . 967.06 (3) of the statutes is amended to read:
AB64-ASA1,935,221 967.06 (3) In any case in which the state public defender provides
22representation to an indigent person, the public defender may request that the
23applicable court reporter or clerk of circuit court prepare and transmit any transcript
24or court record. The request shall be complied with. The state public defender shall,
25from the appropriation under s. 20.550 (1) (f) (a), compensate the court reporter or

1clerk of circuit court for the cost of preparing, handling, duplicating, and mailing the
2documents.
AB64-ASA1,2253 3Section 2253 . 970.05 (2) (b) of the statutes is amended to read:
AB64-ASA1,935,84 970.05 (2) (b) When a transcript is requested under sub. (1) by the state public
5defender or by a private attorney appointed under s. 977.08, the state public defender
6shall pay the cost of the original from the appropriation under s. 20.550 (1) (f) (a) and
7any additional copies shall be paid for at the statutory rate by the party requesting
8the copies.
AB64-ASA1,2254 9Section 2254 . 971.23 (10) of the statutes is amended to read:
AB64-ASA1,935,1710 971.23 (10) Payment of copying costs in cases involving indigent defendants.
11When the state public defender or a private attorney appointed under s. 977.08
12requests copies, in any format, of any item that is discoverable under this section, the
13state public defender shall pay any fee charged for the copies from the appropriation
14account under s. 20.550 (1) (f) (a). If the person providing copies under this section
15charges the state public defender a fee for the copies, the fee may not exceed the
16applicable maximum fee for copies of discoverable materials that is established by
17rule under s. 977.02 (9).
AB64-ASA1,2255 18Section 2255 . 973.013 (3m) of the statutes is amended to read:
AB64-ASA1,936,1119 973.013 (3m) If a person who has not attained the age of 16 18 years is
20sentenced to the Wisconsin state prisons, the department shall place the person at
21a juvenile correctional facility or a secured residential care center for children and
22youth, unless the department determines that placement in an institution under s.
23302.01 is appropriate based on the person's prior record of adjustment in a
24correctional setting, if any; the person's present and potential vocational and
25educational needs, interests and abilities; the adequacy and suitability of available

1facilities; the services and procedures available for treatment of the person within
2the various institutions; the protection of the public; and any other considerations
3promulgated by the department by rule. The department may not place any person
4under the age of 18 years in the correctional institution authorized in s. 301.16 (1n).
5This subsection does not preclude the department from designating an adult
6correctional institution, other than the correctional institution authorized in s.
7301.16 (1n), as a reception center for the person and subsequently transferring the
8person to a juvenile correctional facility or a secured residential care center for
9children and youth. Section 302.11 and ch. 304 apply to all persons placed in a
10juvenile correctional facility or a secured residential care center for children and
11youth under this subsection.
AB64-ASA1,2255p 12Section 2255p. 973.046 (3) of the statutes is amended to read:
AB64-ASA1,936,1513 973.046 (3) All moneys collected from deoxyribonucleic acid analysis
14surcharges shall be deposited by the secretary of administration as specified in s.
1520.455 (2) (Lm) (Lp) and utilized under s. 165.77.
AB64-ASA1,2257e 16Section 2257e. 977.02 (2m) of the statutes is amended to read:
AB64-ASA1,936,2017 977.02 (2m) Promulgate rules regarding eligibility for legal services under this
18chapter, including legal services for persons who are entitled to be represented by
19counsel without a determination of indigency, as provided in s. 48.23 (4), 51.60,
2055.105, or 938.23 (4), or 980.03 (2) (a).
AB64-ASA1,2257f 21Section 2257f. 977.02 (3) (intro.) of the statutes is amended to read:
AB64-ASA1,937,322 977.02 (3) (intro.) Promulgate rules regarding the determination of indigency
23of persons entitled to be represented by counsel, other than persons who are entitled
24to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, or 980.03 (2)
25(a)
including the time period in which the determination must be made and the

1criteria to be used to determine indigency and partial indigency. The rules shall
2specify that, in determining indigency, the representative of the state public
3defender shall do all of the following:
AB64-ASA1,2257g 4Section 2257g. 977.05 (4) (gm) of the statutes is amended to read:
AB64-ASA1,937,115 977.05 (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 persons who are entitled to be represented by counsel
8under s. 48.23, 51.60, 55.105, or 938.23, or 980.03 (2) (a), appoint counsel in
9accordance with contracts and policies of the board, and inform the referring judge
10or court of the name and address of the specific attorney who has been assigned to
11the case.
AB64-ASA1,2257h 12Section 2257h. 977.05 (4) (h) of the statutes is amended to read:
AB64-ASA1,937,1813 977.05 (4) (h) Accept requests for legal services from persons who are entitled
14to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, or 980.03 (2)
15(a)
and from indigent persons who are entitled to be represented by counsel under
16s. 967.06 or who are otherwise so entitled under the constitution or laws of the United
17States or this state and provide such persons with legal services when, in the
18discretion of the state public defender, such provision of legal services is appropriate.
AB64-ASA1,2257i 19Section 2257i. 977.05 (4) (i) 9. of the statutes is created to read:
AB64-ASA1,937,2120 977.05 (4) (i) 9. Cases involving persons who are subject to petitions under ch.
21980.
AB64-ASA1,2257j 22Section 2257j. 977.06 (2) (a) of the statutes is amended to read:
AB64-ASA1,938,623 977.06 (2) (a) A person seeking to have counsel assigned for him or her under
24s. 977.08, other than a person who is entitled to be represented by counsel under s.
2548.23, 51.60, 55.105, or 938.23, or 980.03 (2) (a), shall sign a statement declaring that

1he or she has not disposed of any assets for the purpose of qualifying for that
2assignment of counsel. If the representative or authority making the indigency
3determination finds that any asset was disposed of for less than its fair market value
4for the purpose of obtaining that assignment of counsel, the asset shall be counted
5under rules promulgated under s. 977.02 (3) at its fair market value at the time it
6was disposed of, minus the amount of compensation received for the asset.
AB64-ASA1,2257k 7Section 2257k. 977.06 (2) (am) of the statutes is amended to read:
AB64-ASA1,938,138 977.06 (2) (am) A person seeking to have counsel assigned for him or her under
9s. 977.08, other than a person who is entitled to be represented by counsel under s.
1048.23, 51.60, 55.105, or 938.23, or 980.03 (2) (a), shall sign a statement declaring that
11the information 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).
AB64-ASA1,2257L 14Section 2257L. 977.07 (1) (a) of the statutes is amended to read:
AB64-ASA1,938,1915 977.07 (1) (a) Determination of indigency for persons entitled to counsel shall
16be made as soon as possible and shall be in accordance with the rules promulgated
17by the board under s. 977.02 (3) and the system established under s. 977.06. No
18determination of indigency is required for a person who is entitled to be represented
19by counsel under s. 48.23, 51.60, 55.105, or 938.23 , or 980.03 (2) (a).
AB64-ASA1,2257m 20Section 2257m. 977.07 (1) (c) of the statutes is amended to read:
AB64-ASA1,939,621 977.07 (1) (c) For all referrals made under ss. 809.107, 809.30, 974.06 (3) (b)
22and 974.07 (11), except a referral of a person who is entitled to be represented by
23counsel under s. 48.23, 51.60, 55.105, or 938.23, or 980.03 (2) (a), a representative of
24the state public defender shall determine indigency. For referrals made under ss.
25809.107, 809.30 and 974.06 (3) (b), except a referral of a person who is entitled to be

1represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, or 980.03 (2) (a), the
2representative of the state public defender may, unless a request for redetermination
3has been filed under s. 809.30 (2) (d) or the person's request for representation states
4that his or her financial circumstances have materially improved, rely upon a
5determination of indigency made for purposes of trial representation under this
6section.
AB64-ASA1,2257n 7Section 2257n. 977.075 (4) of the statutes is amended to read:
AB64-ASA1,939,138 977.075 (4) The board shall establish by rule a fee schedule that sets the
9maximum amount that a parent subject to s. 48.275 (2) (b) or 938.275 (2) (b) shall pay
10as reimbursement for legal services and sets the maximum amount that a person
11subject to s. 51.605 or, 55.107 , or 980.0305 shall pay as reimbursement for legal
12services. The maximum amounts under this subsection shall be based on the
13average cost, as determined by the board, for each applicable type of case.
AB64-ASA1,2257o 14Section 2257o. 977.08 (1) of the statutes is amended to read:
AB64-ASA1,939,2015 977.08 (1) If the representative or the authority for indigency determinations
16specified under s. 977.07 (1) refers a case to or within the office of the state public
17defender or if a case is referred under s. 48.23 (4), 51.60, 55.105, or 938.23 (4), or
18980.03 (2) (a),
the state public defender shall assign counsel according to subs. (3) and
19(4). If a defendant makes a request for change of attorney assignment, the change
20of attorney must be approved by the circuit court.
AB64-ASA1,2257p 21Section 2257p. 977.08 (2) (intro.) of the statutes is amended to read:
AB64-ASA1,939,2522 977.08 (2) (intro.) All attorneys in a county shall be notified in writing by the
23state public defender that a set of lists is being prepared of attorneys willing to
24represent persons referred under s. 48.23 (4), 51.60, 55.105, or 938.23 (4), or 980.03
25(2) (a)
and indigent clients in the following:
AB64-ASA1,2258
1Section 2258. 977.085 (1) (a) of the statutes is amended to read:
AB64-ASA1,940,32 977.085 (1) (a) Private bar and staff case loads at the trial and appellate levels
3and expenditures of moneys under s. 20.550 (1) (b) to (d) (a) for the current fiscal year.
AB64-ASA1,2259 4Section 2259 . 977.085 (1) (b) of the statutes is amended to read:
AB64-ASA1,940,75 977.085 (1) (b) Projections for the private bar and staff case loads at the trial
6and appellate levels and for expenditures of moneys under s. 20.550 (1) (b) to (d) (a)
7for the remainder of the current fiscal year and for the next fiscal year.
AB64-ASA1,2260 8Section 2260 . 977.085 (1m) of the statutes is amended to read:
AB64-ASA1,940,119 977.085 (1m) The projections under sub. (1) (b) shall include the number of
10cases projected to be assigned to the private bar and the number of cases for which
11reimbursement will be made under s. 20.550 (1) (d) (a).
AB64-ASA1,2261 12Section 2261 . 977.085 (2) (intro.) of the statutes is amended to read:
AB64-ASA1,940,1713 977.085 (2) (intro.) If the projections under sub. (1) (b) indicate that moneys are
14being expended under s. 20.550 (1) (d) (a) at a rate which will deplete the
15appropriation prior to the end of the current fiscal year, the board shall include in the
16report a plan to address the problem. The plan shall include proposals for one or more
17of the following:
AB64-ASA1,2261d 18Section 2261d. 977.085 (3) of the statutes is amended to read:
AB64-ASA1,941,219 977.085 (3) The board shall provide quarterly reports to the joint committee
20on finance on the status of reimbursement for or recoupment of payments under ss.
2148.275, 51.605, 55.107, 757.66, 938.275, 977.06, 977.075 and, 977.076, and 980.0305,
22including the amount of revenue generated by reimbursement and recoupment. The
23quarterly reports shall include any alternative means suggested by the board to
24improve reimbursement and recoupment procedures and to increase the amount of
25revenue generated. The department of justice, district attorneys, circuit courts and

1applicable county agencies shall cooperate by providing any necessary information
2to the state public defender.
AB64-ASA1,2261g 3Section 2261g. 978.001 (1b), (1d) and (1n) of the statutes are created to read:
AB64-ASA1,941,44 978.001 (1b) “Board" means the prosecutor board.
AB64-ASA1,941,6 5(1d) “Executive director" means the executive director appointed under s.
6978.003 (3).
AB64-ASA1,941,7 7(1n) “Office" means the state prosecutors office.
AB64-ASA1,2261h 8Section 2261h. 978.001 (1p) of the statutes is repealed.
AB64-ASA1,2261j 9Section 2261j. 978.003 of the statutes is created to read:
AB64-ASA1,941,10 10978.003 Board; duties. The board shall do all of the following:
AB64-ASA1,941,12 11(1) Submit the budget in accordance with s. 16.42 after the executive director
12submits the budget to the board and the board approves it.
AB64-ASA1,941,14 13(2) At least annually submit to the joint committee on finance
14recommendations on the allocation of prosecutor resources.
AB64-ASA1,941,16 15(3) Appoint an attorney with experience in criminal prosecution as the
16executive director of the office.
AB64-ASA1,941,17 17(4) Oversee, and set policy initiatives for, the executive director.
AB64-ASA1,941,19 18(5) Review existing law or proposed legislation and make recommendations to
19the legislature.
AB64-ASA1,2261L 20Section 2261L. 978.004 of the statutes is created to read:
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