Amendment ASA1-AB64

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:

AB64-ASA1,941,22 978.004 State prosecutors office executive director. (1) The executive director shall do all of the following:

AB64-ASA1,941,24 (a) Manage and direct the office subject to the policy initiatives set under s. 978.003 (4).

AB64-ASA1,942,2 (b) Prepare and submit to the board for its approval a budget and any personnel and employment policies that the board requires.

AB64-ASA1,942,4 (c) Prepare and submit to the board and other appropriate persons an annual report of the activities of the office in the form that the board directs.

AB64-ASA1,942,6 (d) Represent the board before the governor, the legislature, bar associations, courts, and other appropriate entities.

AB64-ASA1,942,13 (e) Appoint in the classified service an executive assistant and all other employees of the office. Before making an appointment under this paragraph, the executive director shall notify the board of any prospective appointment. If the board does not object to the prospective appointment within 7 working days after notification, the executive director may make the appointment. If the board objects to a prospective appointment, the executive director may not make the appointment until the board approves it.

AB64-ASA1,942,21 (f) Prepare fiscal estimates on bills affecting prosecutors or the office, including bills modifying or creating crimes or sentencing practices. To prepare a fiscal estimate, the executive director shall consult with and obtain data from district attorneys. The executive director shall transmit a draft fiscal estimate to the board. If the board does not object to the draft fiscal estimate within 7 working days after receiving it, the executive director may submit the fiscal estimate. If the board objects to a draft fiscal estimate, the executive director may not submit the fiscal estimate until the board approves it.

AB64-ASA1,942,24 (2) The executive director may identify methods and practices for district attorneys that promote professional competence, ethical practices, and evidence-based practices.

AB64-ASA1,2261m Section 2261m. 978.005 of the statutes is created to read:

AB64-ASA1,943,6 978.005 Limits on board and executive director. Neither the board nor the executive director may make any decision regarding the handling of any case nor interfere with any district attorney in carrying out professional duties. Neither the board nor the office may interfere with or infringe upon the autonomy of a district attorney or upon the authority of a district attorney to manage his or her own prosecutorial unit.

AB64-ASA1,2261o Section 2261o. 978.03 of the statutes is amended to read:

AB64-ASA1,943,18 978.03 Deputies and assistants in certain prosecutorial units. (1) The district attorney of any prosecutorial unit having a population of 500,000 or more may appoint 7 deputy district attorneys and such assistant district attorneys as may be requested by the department of administration, or by the board, and authorized in accordance with s. 16.505. The district attorney shall rank the deputy district attorneys for purposes of carrying out duties under this section. The deputies, according to rank, may perform any duty of the district attorney, under the district attorney's direction. In the absence or disability of the district attorney, the deputies, according to rank, may perform any act required by law to be performed by the district attorney. Any such deputy must have practiced law in this state for at least 2 years prior to appointment under this section.

AB64-ASA1,944,4 (1m) The district attorney of any prosecutorial unit having a population of 200,000 or more but not more than 499,999 may appoint 3 deputy district attorneys and such assistant district attorneys as may be requested by the department of administration, or by the board, and authorized in accordance with s. 16.505. The district attorney shall rank the deputy district attorneys for purposes of carrying out duties under this section. The deputies, according to rank, may perform any duty of the district attorney, under the district attorney's direction. In the absence or disability of the district attorney, the deputies, according to rank, may perform any act required by law to be performed by the district attorney. Any such deputy must have practiced law in this state for at least 2 years prior to appointment under this section.

AB64-ASA1,944,13 (2) The district attorney of any prosecutorial unit having a population of 100,000 or more but not more than 199,999 may appoint one deputy district attorney and such assistant district attorneys as may be requested by the department of administration, or by the board, and authorized in accordance with s. 16.505. The deputy may perform any duty of the district attorney, under the district attorney's direction. In the absence or disability of the district attorney, the deputy may perform any act required by law to be performed by the district attorney. The deputy must have practiced law in this state for at least 2 years prior to appointment under this section.

AB64-ASA1,944,19 (3) Any assistant district attorney under sub. (1), (1m), or (2) must be an attorney admitted to practice law in this state and, except as provided in s. 978.043 (1), may perform any duty required by law to be performed by the district attorney. The district attorney of the prosecutorial unit under sub. (1), (1m), or (2) may appoint such temporary counsel as may be authorized by the department of administration board.

AB64-ASA1,2261q Section 2261q. 978.045 (1g) of the statutes is amended to read:

AB64-ASA1,945,7 978.045 (1g) A court on its own motion may appoint a special prosecutor under sub. (1r) or a district attorney may request a court to appoint a special prosecutor under that subsection. Before a court appoints a special prosecutor on its own motion or at the request of a district attorney for an appointment that exceeds 6 hours per case, the court or district attorney shall request assistance from a district attorney, deputy district attorney or assistant district attorney from other prosecutorial units or an assistant attorney general. A district attorney requesting the appointment of a special prosecutor, or a court if the court is appointing a special prosecutor on its own motion, shall notify the department of administration, on a form provided by that department, of office that the district attorney's attorney or the court's inability court, whichever is appropriate, is unable to obtain assistance from another prosecutorial unit or from an assistant attorney general.

AB64-ASA1,2261qm Section 2261qm. 978.045 (1r) (bm) (intro.) of the statutes is amended to read:

AB64-ASA1,945,15 978.045 (1r) (bm) (intro.) The judge may appoint an attorney as a special prosecutor at the request of a district attorney to assist the district attorney in the prosecution of persons charged with a crime, in grand jury proceedings, in proceedings under ch. 980, or in investigations. The Except as provided under par. (bp), the judge may appoint an attorney as a special prosecutor only if the judge or the requesting district attorney submits an affidavit to the department of administration attesting that any of the following conditions exists:

AB64-ASA1,2261r Section 2261r. 978.045 (1r) (bm) (intro.) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,945,24 978.045 (1r) (bm) (intro.) The judge may appoint an attorney as a special prosecutor at the request of a district attorney to assist the district attorney in the prosecution of persons charged with a crime, in grand jury proceedings, in proceedings under ch. 980, or in investigations. Except as provided under par. (bp), the judge may appoint an attorney as a special prosecutor only if the judge or the requesting district attorney submits an affidavit to the department of administration office attesting that any of the following conditions exists:

AB64-ASA1,2261rm Section 2261rm. 978.045 (1r) (bp) of the statutes is created to read:

AB64-ASA1,946,5 978.045 (1r) (bp) The judge may appoint an attorney as a special prosecutor to assist the district attorney in counties with a population of less than 45,000 if the department of administration certifies that the county has a significant case backlog and if a petition for such an appointment is approved by the affected county board. This paragraph does not apply after December 31, 2019.

AB64-ASA1,2261rt Section 2261rt. 978.045 (1r) (cm) of the statutes is amended to read:

AB64-ASA1,946,12 978.045 (1r) (cm) The judge may not appoint an attorney as a special prosecutor to assist the district attorney in John Doe proceedings under s. 968.26 unless a condition under par. (bm) 1. to 8. exists, par. (bp) applies, or unless the judge determines that a complaint received under s. 968.26 (2) (am) relates to the conduct of the district attorney to whom the judge otherwise would refer the complaint. This paragraph does not prohibit assistance authorized by s. 978.05 (8).

AB64-ASA1,2261s Section 2261s. 978.045 (2) of the statutes is amended to read:

AB64-ASA1,946,24 978.045 (2) If the department of administration office approves the appointment of a special prosecutor under sub. (1r), the court shall fix the amount of compensation for the attorney appointed according to the rates specified in s. 977.08 (4m) (b). The department of administration shall pay the compensation ordered by the court from the appropriation under s. 20.475 (1) (d). The court, district attorney, and the special prosecutor shall provide any information regarding a payment of compensation that the department requests. Any payment under this subsection earns interest on the balance due from the 121st day after receipt of a properly completed invoice or receipt and acceptance of the property or service under the order or contract, whichever is later, at the rate specified in s. 71.82 (1) (a) compounded monthly.

AB64-ASA1,2262 Section 2262 . 978.05 (6) (a) of the statutes is amended to read:

AB64-ASA1,947,13 978.05 (6) (a) Institute, commence or appear in all civil actions or special proceedings under and perform the duties set forth for the district attorney under ch. 980 and ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36, 84.062 (8), 89.08, 103.92 (4), 109.09, 343.305 (9) (a), 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a), 946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties in connection with court proceedings in a court assigned to exercise jurisdiction under chs. 48 and 938 as the judge may request and perform all appropriate duties and appear if the district attorney is designated in specific statutes, including matters within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits the authority of the county board to designate, under s. 48.09 (5), that the corporation counsel provide representation as specified in s. 48.09 (5) or to designate, under s. 48.09 (6) or 938.09 (6), the district attorney as an appropriate person to represent the interests of the public under s. 48.14 or 938.14.

AB64-ASA1,2262c Section 2262c. 978.05 (9) of the statutes is amended to read:

AB64-ASA1,947,17 978.05 (9) Budget. Prepare a biennial budget request for submission to the department executive director under s. 978.11 978.004 (1) (b) by September 1 of each even-numbered year.

AB64-ASA1,2262e Section 2262e. 978.11 of the statutes is repealed.

AB64-ASA1,2262g Section 2262g. 978.12 (1) (c) of the statutes is amended to read:

AB64-ASA1,948,5 978.12 (1) (c) Assistant district attorneys. Assistant district attorneys shall be employed outside the classified service. For purposes of salary administration, the administrator of the division of personnel management in the department of administration, in consultation with the office, shall establish one or more classifications for assistant district attorneys in accordance with the classification or classifications allocated to assistant attorneys general. Except as provided in ss. 111.93 (3) (b) and 230.12 (10), the salaries of assistant district attorneys shall be established and adjusted in accordance with the state compensation plan for assistant attorneys general whose positions are allocated to the classification or classifications established by the administrator of the division of personnel management in the department of administration under this paragraph.

AB64-ASA1,2262L Section 2262L. 980.03 (2) (a) of the statutes is amended to read:

AB64-ASA1,948,12 980.03 (2) (a) Counsel. If In any situation under this chapter in which the person claims or appears to be indigent has a right to be represented by counsel, the court shall refer the person to the authority for indigency determinations under s. 977.07 (1) and, if applicable, the appointment of as soon as practicable to the state public defender, who shall appoint counsel for the person under s. 977.08 without a determination of indigency.

AB64-ASA1,2262m Section 2262m. 980.0305 of the statutes is created to read:

AB64-ASA1,948,23 980.0305 Reimbursement for counsel provided by the state. (1) Inquiry. At or after the conclusion of a proceeding under this chapter in which the state public defender has provided counsel for a person, the court may inquire as to the person's ability to reimburse the state for the costs of representation. If the court determines that the person is able to make reimbursement for all or part of the costs of representation, the court may order the person to reimburse the state an amount not to exceed the maximum amount established by the public defender board under s. 977.075 (4). Upon the court's request, the state public defender shall conduct a determination of indigency under s. 977.07 and report the results of the determination to the court.

AB64-ASA1,949,5 (2) Payment. Reimbursement ordered under this section shall be made to the clerk of courts of the county where the proceedings took place. The clerk of courts shall transmit payments under this section to the county treasurer, who shall deposit 25 percent of the payment amount in the county treasury and transmit the remainder to the secretary of administration. Payments transmitted to the secretary of administration shall be deposited in the general fund and credited to the appropriation account under s. 20.550 (1) (L).

AB64-ASA1,949,9 (3) Report. By January 31st of each year, the clerk of courts for each county shall report to the state public defender the total amount of reimbursements ordered under sub. (1) in the previous calendar year and the total amount of reimbursements paid to the clerk under sub. (2) in the previous year.

AB64-ASA1,2262n Section 2262n. 980.08 (4) (cm) and (e) of the statutes are consolidated, renumbered 980.08 (4) (dm) 1. (intro.) and amended to read:

AB64-ASA1,950,16 980.08 (4) (dm) 1. (intro.) If the court finds that all of the criteria in par. (cg) are met, the court shall select a county to prepare a report under par. (e). Unless the court has good cause to select another county, the court shall select order the county of the person's county of residence, as determined by the department of health services under s. 980.105. An actual or alleged lack of available housing for the person within a county because of an ordinance or resolution in effect or proposed by the county or by a city, town, or village within the county may not constitute good cause to select another county under this paragraph. The court may not select a county where there is a facility in which persons committed to institutional care under this chapter are placed unless that county is also that person's county of residence. (e) The court shall order the county department under s. 51.42 in the county of intended placement to prepare a report, either independently or with the department of health services, identifying prospective residential options for community placement. In identifying prospective residential options, the county department shall consider the proximity of any potential placement to the residence of other persons on supervised release and to the residence of persons who are in the custody of the department of corrections and regarding whom a sex offender notification bulletin has been issued to law enforcement agencies under s. 301.46 (2m) (a) or (am). The, to prepare a report. The county shall create a temporary committee to prepare the report for the county. The committee shall consist of the county department under s. 51.42, a representative of the department of health services, a local probation or parole officer, the county corporation counsel or his or her designee, and a representative of the department of the county that is responsible for land use and planning or the department of the county that is responsible for land information. In the report, the county shall identify an appropriate residential option in that county while the person is on supervised release and shall demonstrate that the county has contacted the landlord for that residential option and that the landlord has committed to enter into a lease. The county shall consider the following factors when identifying an appropriate residential option:

AB64-ASA1,950,22 2. When preparing the report, the county department shall consult with a local law enforcement agency having jurisdiction over the residential option. The law enforcement agency may submit a written report that provides information relating to the residential option, and, if the law enforcement agency submits a report, the county department shall include the agency's report when the county department submits its report to the department of health services.

AB64-ASA1,951,4 4. The county shall submit its report to the department of health services within 60 120 days following the court order. A county that does not submit its report within 120 days violates the person's rights under s. 51.61, and each day that the county does not submit the report after the 120 days have expired constitutes a separate violation under s. 51.61. Notwithstanding s. 51.61 (7), any damages beyond costs and reasonable actual attorney fees recovered by the person for a violation shall be deposited into the appropriation account under s. 20.435 (2) (gz).

AB64-ASA1,2262o Section 2262o. 980.08 (4) (d) of the statutes is repealed.

AB64-ASA1,2262p Section 2262p. 980.08 (4) (dm) 3. of the statutes is created to read:

AB64-ASA1,951,16 980.08 (4) (dm) 3. To assist the county in identifying appropriate residential options for the report, within 30 days after the court orders the county to prepare the report, the department of health services shall determine the identity and location of known and registered victims of the person's acts by searching its victim database and consulting with the office of victim services in the department of corrections, the department of justice, and the county coordinator of victims and witnesses services in the county of intended placement, the county where the person was convicted, and the county of commitment. The county may consult with the department of health services on other matters while preparing the report and the department of health services shall respond as soon as practically possible.

AB64-ASA1,2262q Section 2262q. 980.08 (4) (em) of the statutes is repealed.

AB64-ASA1,2262r Section 2262r. 980.08 (4) (f) (intro.) of the statutes is renumbered 980.08 (4) (f) and amended to read:

AB64-ASA1,952,11 980.08 (4) (f) The court shall direct the department to use any submissions under par. (d), the report submitted under par. (e), any report submitted under par. (em), and other residential options identified by the department (dm) to prepare a supervised release plan for the person. The department shall search its victim database, and consult with the office of victim services in the department of corrections, the department of justice, and the county coordinator of victims and witnesses services in the county of intended placement, the county where the person was convicted, and the county of commitment to determine the identity and location of known and registered victims of the person's acts. The department shall prepare a supervised release plan that identifies the proposed residence residential option the county identified in its report. The plan shall also address the person's need, if any, for supervision, counseling, medication, community support services, residential services, vocational services, and alcohol or other drug abuse treatment. The supervised release plan shall be submitted to the court within 90 30 days of the finding under par. (cg) after the county submitted its report under par. (dm). The court may grant extensions one extension of up to 30 days of this time period for good cause. The plan shall do all of the following:

AB64-ASA1,2262s Section 2262s. 980.08 (4) (f) 1. of the statutes is repealed.

AB64-ASA1,2262t Section 2262t. 980.08 (4) (f) 2., 3. and 4. of the statutes are renumbered 980.08 (4) (dm) 1. a., b. and c. and amended to read:

AB64-ASA1,952,21 980.08 (4) (dm) 1. a. Ensure that The distance between the person's placement is into a residence that is not less than 1,500 feet from and any school premises, child care facility, public park, place of worship, or youth center. A person is not in violation of a condition or rule of supervised release under sub. (7) (a) if any school premises, child care facility, public park, place of worship, or youth center is established within 1,500 feet from near the person's residence after he or she is placed in the residence under this section.

AB64-ASA1,953,4 b. If the person committed a sexually violent offense against an adult at risk, as defined in s. 55.01 (1e), or an elder adult at risk, as defined in s. 46.90 (1) (br), ensure that the distance between the person's placement is into a residence that is not less than 1,500 feet from and a nursing home or an assisted living facility. A person is not in violation of a condition or rule of supervised release under sub. (7) (a) if a nursing home or an assisted living facility is established within 1,500 feet from near the person's residence after he or she is placed in the residence under this section.

AB64-ASA1,953,13 c. If the person is a serious child sex offender, ensure that the distance between the person's placement is into a residence that is not on a property adjacent to and a property where a child's primary residence exists. For the purpose of this subdivision, adjacent properties are properties that share a property line without regard to a public or private road if the living quarters on each property are not more than 1,500 feet apart. A person is not in violation of a condition or rule of supervised release under sub. (7) (a) if a child establishes primary residence in a property adjacent to near the person's residence after the person is placed in the residence under this section.

AB64-ASA1,2262u Section 2262u. 980.08 (4) (g) of the statutes is amended to read:

AB64-ASA1,954,2 980.08 (4) (g) The court shall review the plan submitted by the department under par. (cm) (f). If the details of the plan adequately meet the treatment needs of the individual and the safety needs of the community, then the court shall approve the plan and determine that supervised release is appropriate. If the details of the plan do not adequately meet the treatment needs of the individual or the safety needs of the community, then the court shall determine that supervised release is not appropriate or direct the preparation of another supervised release plan to be considered by the court under this paragraph. If the plan is inadequate under this paragraph due to the residential option, the court shall order the county to identify and arrange to lease another residential option and to prepare a new report under par. (dm). If the plan is inadequate under this paragraph due to the treatment options, the court shall order the department to prepare another plan under par. (f).

AB64-ASA1,2262v Section 2262v. 980.08 (5m) of the statutes is repealed.

AB64-ASA1,2262w Section 2262w. 980.105 (2) of the statutes is created to read:

AB64-ASA1,954,10 980.105 (2) If sub. (1m) is insufficient to determine the county of residence, the department shall find that the county of residence is the county in which, on the date that the person committed the sexually violent offense that resulted in the sentence, placement, or commitment that was in effect when the petition was filed under s. 980.02, the person would have been a resident for the purposes of social security disability insurance eligibility.