AB150-engrossed,2463,318
970.01
(1) Any person who is arrested shall be taken within a reasonable time
19before a judge in the county in which the offense was alleged to have been committed.
20The
person may waive physical appearance and request that the initial appearance
21may be conducted on the record by telephone or live audiovisual means under s.
22967.08.
If the initial appearance is conducted by telephone or live audiovisual
23means, the person may waive physical appearance. Waiver of physical appearance
24shall be placed on the record of the initial appearance and does not waive other
25grounds for challenging the court's personal jurisdiction.
If the person does not waive
1physical appearance, conducting the initial appearance by telephone or live
2audiovisual means under s. 967.08 does not waive any grounds that the person has
3for challenging the court's personal jurisdiction.
AB150-engrossed,2463,95
970.02
(1) (a) Of the charge against the defendant and shall furnish the
6defendant with a copy of the complaint which
, subject to s. 967.052 (1) and (2), shall
7contain the possible penalties for the offenses set forth
therein in the complaint. In
8the case of a felony, the judge shall also inform the defendant of the penalties for the
9felony with which the defendant is charged.
AB150-engrossed,2463,1911
971.165
(2) If the plea of not guilty by reason of mental disease or defect is tried
12to a jury, the court shall inform the jury that the effect of a verdict of not guilty by
13reason of mental disease or defect is that, in lieu of criminal sentence
or, probation
14or community supervision, the defendant will be committed to the custody of the
15department of health and social services and will be placed in an appropriate
16institution unless the court determines that the defendant would not pose a danger
17to himself or herself or to others if released under conditions ordered by the court.
18No verdict on the plea of not guilty by reason of mental disease or defect may be valid
19or received unless agreed to by at least five-sixths of the jurors.
AB150-engrossed,2464,221
971.23
(10) Payment of photocopy costs in cases involving indigent
22defendants. When the state public defender or a private attorney appointed under
23s. 977.08 requests photocopies of any item that is discoverable under this section, the
24state public defender shall pay any fee charged for the photocopies from the
25appropriation under s. 20.550 (1) (a). If the person providing photocopies under this
1section charges the state public defender a fee for the photocopies, the fee may not
2exceed the actual, necessary and direct cost of photocopying.
AB150-engrossed,2464,54
971.29
(2m) Amendment of a complaint filed under s. 967.052 (1) (a) is subject
5to the restriction provided in s. 967.052 (3).
AB150-engrossed,2464,107
972.13
(7) The department shall prescribe and furnish forms to the clerk of each
8county for use as judgments in cases where a defendant is placed on probation
or
9community supervision or committed to the custody of the department pursuant to
10chs. 967 to 979.
AB150-engrossed,2464,2012
972.15
(5) (intro.) The department may use the presentence investigation
13report for correctional programming, parole consideration or care and treatment of
14any person sentenced to imprisonment or the intensive sanctions program, placed
15on probation
or community supervision, released on parole or committed to the
16department under ch. 51 or 971 or any other person in the custody of the department
17or for research purposes. The department may make the report available to other
18agencies or persons to use for purposes related to correctional programming, parole
19consideration, care and treatment, or research. Any use of the report under this
20subsection is subject to the following conditions:
AB150-engrossed,2465,16
1973.013
(3m) If a person who has not attained the age of 16 years is sentenced
2to the Wisconsin state prisons, the department of corrections shall place the person
3at a secured juvenile correctional facility
or a secured child caring institution, unless
4the department of
health and social services, after consultation with the department
5of corrections
, determines that placement in an institution under s. 302.01 is
6appropriate based on the person's prior record of adjustment in a correctional setting,
7if any; the person's present and potential vocational and educational needs, interests
8and abilities; the adequacy and suitability of available facilities; the services and
9procedures available for treatment of the person within the various institutions; the
10protection of the public; and any other considerations promulgated by the
11department of
health and social services corrections by rule. This subsection does
12not preclude the department of corrections from designating an adult correctional
13institution as a reception center for the person and subsequently transferring the
14person to a secured juvenile correctional facility
or a secured child caring institution.
15Section 302.11 and ch. 304 apply to all persons placed in a secured juvenile
16correctional facility
or a secured child caring institution under this subsection.
AB150-engrossed,2465,2518
973.015
(2) A person has successfully completed the sentence if the person has
19not been convicted of a subsequent offense and, if on probation, the probation has not
20been revoked and the probationer has satisfied the conditions of probation.
If the
21person is on community supervision, the person has successfully completed the
22sentence if he or she has satisfied the conditions of community supervision. Upon
23successful completion of the sentence the detaining or probationary
or supervising 24authority shall issue a certificate of discharge which shall be forwarded to the court
25of record and which shall have the effect of expunging the record.
AB150-engrossed,2466,92
973.032
(2) (a) A court may sentence a person under sub. (1) if the department
3provides a presentence investigation report recommending that the person be
4sentenced to the program. If the department does not make the recommendation,
5a court may order the department to assess and evaluate the person. After that
6assessment and evaluation, the court may sentence the person to the program unless
7the department objects on the ground that
the presumptively appropriate sentence
8under the sentencing guideline matrices is it recommends that the person be placed
9on probation.
AB150-engrossed,2466,1311
973.045
(1) (intro.) On or after October 1, 1983, if a court imposes a sentence
12or places a person on probation
or community supervision, the court shall impose a
13crime victim and witness assistance surcharge calculated as follows:
AB150-engrossed,2466,1815
973.046
(1) (intro.) Beginning on August 12, 1993, if a court imposes a sentence
16or places a person on probation
or community supervision under any of the following
17circumstances, the court shall impose a deoxyribonucleic acid analysis surcharge of
18$250:
AB150-engrossed,2467,220
973.047
(1) (b) Except as provided in par. (a), if a court imposes a sentence or
21places a person on probation
or community supervision for any violation under chs.
22940, 944 or 948 or ss. 943.01 to 943.15, the court may require the person to provide
23a biological specimen to the state crime laboratories for deoxyribonucleic acid
24analysis. The court may require the person to comply with the reporting
25requirements under s. 175.45 if the court determines that the underlying conduct
1was seriously sexually assaultive in nature and that it would be in the interest of
2public protection to have the person report under s. 175.45.
AB150-engrossed,2468,64
973.05
(2) When a defendant is sentenced to pay a fine and is also placed on
5probation
or community supervision, the court may make the payment of the fine,
6the penalty assessment, the jail assessment, the crime victim and witness assistance
7surcharge, any applicable deoxyribonucleic acid analysis surcharge, any applicable
8drug abuse program improvement surcharge, any applicable domestic abuse
9assessment, any applicable uninsured employer assessment, any applicable driver
10improvement surcharge, any applicable weapons assessment, any applicable
11environmental assessment, any applicable wild animal protection assessment, any
12applicable natural resources assessment and any applicable natural resources
13restitution payments a condition of probation
or community supervision. When the
14payments are made a condition of probation
or community supervision by the court,
15payments thereon shall be applied first to payment of the penalty assessment until
16paid in full, shall then be applied to the payment of the jail assessment until paid in
17full, shall then be applied to the payment of part A of the crime victim and witness
18assistance surcharge until paid in full, shall then be applied to part B of the crime
19victim and witness assistance surcharge until paid in full, shall then be applied to
20the deoxyribonucleic acid analysis surcharge until paid in full, shall then be applied
21to the drug abuse improvement surcharge until paid in full, shall then be applied to
22payment of the driver improvement surcharge until paid in full, shall then be applied
23to payment of the domestic abuse assessment until paid in full, shall then be applied
24to payment of the natural resources assessment if applicable until paid in full, shall
25then be applied to payment of the natural resources restitution payment until paid
1in full, shall then be applied to the payment of the environmental assessment if
2applicable until paid in full, shall then be applied to the payment of the wild animal
3protection assessment if applicable until paid in full, shall then be applied to
4payment of the weapons assessment until paid in full, shall then be applied to
5payment of the uninsured employer assessment until paid in full and shall then be
6applied to payment of the fine.
AB150-engrossed,2468,118
973.055
(1) (intro.) If a court imposes a sentence on an adult person or places
9an adult person on probation
or community supervision, regardless of whether any
10fine is imposed, the court shall impose a domestic abuse assessment of $50 for each
11offense if:
AB150-engrossed,2468,1513
973.055
(3) All moneys collected from domestic abuse assessments shall be
14deposited by the state treasurer in s. 20.435
(7)
(1) (hh) and utilized in accordance
15with s. 46.95.
AB150-engrossed,2468,2017
973.06
(1) (e) Attorney fees payable to the defense attorney by the county or
18the state. If the court determines at the time of sentencing that the defendant's
19financial circumstances are changed, the court may adjust the amount in accordance
20with s. 977.07 (1) (a) and (2)
(a).
AB150-engrossed,2469,622
973.09
(1) (a) Except as provided in par. (c)
or s. 939.615 (2m) or if probation
23is prohibited for a particular offense by statute, if a person is convicted of a crime,
24the court, by order, may withhold sentence or impose sentence under s. 973.15 and
25stay its execution, and in either case place the person on probation to the department
1for a stated period, stating in the order the reasons therefor. The court may impose
2any conditions which appear to be reasonable and appropriate. The period of
3probation may be made consecutive to a sentence on a different charge, whether
4imposed at the same time or previously. If the court imposes an increased term of
5probation, as authorized under sub. (2) (a) 2. or (b) 2., it shall place its reasons for
6doing so on the record.
AB150-engrossed,2469,13
8973.095 Community supervision. (1) If a person is convicted of a
9misdemeanor to which s. 939.615 (1) applies, a court may impose sentence, impose
10sentence and stay its execution or withhold sentence and, in any case, may place the
11person on community supervision to the department for a stated period not
12exceeding one year. A person placed on community supervision under this
13subsection shall be monitored by a probation and parole agent of the department.
AB150-engrossed,2469,15
14(2) A court may impose one or more of the following conditions when placing
15a person on community supervision under sub. (1):
AB150-engrossed,2469,1616
(a) Payment of any fine and any assessments, surcharges, costs or fees imposed.
AB150-engrossed,2469,1717
(b) Community service, as provided under sub. (3).
AB150-engrossed,2469,1818
(c) Restitution, as provided under sub. (5).
AB150-engrossed,2469,1919
(d) Alcohol and other drug abuse counseling, as provided under sub. (6).
AB150-engrossed,2470,3
20(3) (a) The court may require as a condition of community supervision that the
21person placed on community supervision perform community service work for a
22public agency or a nonprofit charitable organization. The number of hours of work
23required may not exceed what would be reasonable considering the seriousness of the
24offense. An order may only apply if agreed to by the person placed on community
25supervision and the organization or agency. The court shall ensure that the person
1placed on community supervision is provided a written statement of the terms of the
2community service order and that the community service order is monitored by the
3department.
AB150-engrossed,2470,74
(b) Any organization or agency acting in good faith to which a person placed on
5community supervision is assigned under an order under this subsection has
6immunity from any civil liability in excess of $25,000 for acts or omissions by or
7impacting on the person placed on community supervision.
AB150-engrossed,2470,15
8(4) (a) If the court does not order community supervision under sub. (3), the
9department may order that a person placed on community supervision perform
10community service work for a public agency or a nonprofit charitable organization.
11An order may apply only if agreed to by the person placed on community supervision
12and the organization or agency. The department shall ensure that the person placed
13on community supervision is provided a written statement of the terms of the
14community service order and shall monitor the person's compliance with the
15community service order.
AB150-engrossed,2470,2116
(b) Any organization or agency acting in good faith to which a person placed on
17community supervision is assigned under an order under this subsection has
18immunity from any civil liability in excess of $25,000 for acts or omissions by or
19impacting on the person placed on community supervision. The department has
20immunity from any civil liability for acts or omissions by or impacting on the person
21placed on community supervision regarding the assignment under this subsection.
AB150-engrossed,2471,3
22(5) (a) If the court places the person on community supervision, the court shall
23order the person to pay restitution under s. 973.20 unless the court finds there is
24substantial reason not to order restitution as a condition of community supervision.
25If the court does not require restitution to be paid to a victim, the court shall state
1its reason on the record. If the court does require restitution, it shall notify the
2department of justice of its decision if the victim may be eligible for compensation
3under ch. 949.
AB150-engrossed,2471,154
(b) The department shall notify the sentencing court, any person to whom
5unpaid restitution is owed and the district attorney of the status of the ordered
6payments unpaid at least 90 days before the community supervision expiration date.
7If payment as ordered has not been made, the court shall issue a judgment for the
8unpaid restitution and direct the clerk to file and docket a transcript of the judgment,
9without fee, unless it finds that the victim has already recovered a judgment against
10the person placed on community supervision for the damages covered by the
11restitution order. If the court issues a judgment for the unpaid restitution, the court
12shall send to the person placed on community supervision and the victim at his or
13her last-known address written notification that a civil judgment has been issued
14for the unpaid restitution. The judgment has the same force and effect as judgments
15docketed under s. 806.10.
AB150-engrossed,2471,21
16(6) The court may order a person placed on community supervision to submit
17to and comply with an assessment by a treatment facility approved by the court for
18examination of the person's use of alcohol or other drugs and, if necessary,
19development of an alcohol or other drug abuse treatment plan for the person. The
20court may require the person placed on community supervision to pay the reasonable
21costs of an assessment and treatment ordered under this subsection.
AB150-engrossed,2472,3
22(7) If the court has not ordered an assessment and treatment under sub. (6),
23the department may order a person placed on community supervision to submit to
24and comply with an assessment by a treatment facility approved by the department
25for examination of the person's use of alcohol or other drugs and, if necessary,
1development of an alcohol or other drug abuse treatment plan for the person. The
2department may require the person placed on community supervision to pay the
3reasonable costs of an assessment and treatment ordered under this subsection.
AB150-engrossed,2472,7
4(8) When the person placed on community supervision has satisfied the
5conditions of his or her community supervision, the person placed on community
6supervision shall be discharged and the department shall issue the person a
7certificate of final discharge, a copy of which shall be filed with the clerk.
AB150-engrossed,2472,11
8(9) A person who violates or fails to comply with community supervision
9ordered under sub. (1) may be proceeded against for contempt of court under ch. 785,
10except that a court may impose only the remedial sanctions specified in s. 785.04 (1)
11against that person.
AB150-engrossed,2472,14
13973.135 (title)
Courts to report convictions to the state superintendent
14department of public instruction education.
AB150-engrossed,2472,1717
973.135
(1) (a) "Department" means the department of education.
AB150-engrossed,2472,2520
973.135
(2) If a court determines that a person convicted of a crime specified
21in ch. 948, including a crime specified in s. 948.015, a felony for which the maximum
22term of imprisonment is at least 5 years, 4th degree sexual assault under s. 940.225
23(3m) or a crime in which the victim was a child, is employed by an educational agency,
24the clerk of the court in which such conviction occurred shall promptly forward to the
25state superintendent department the record of conviction.
AB150-engrossed,2473,42
973.135
(3) If a conviction under sub. (2) is reversed, set aside or vacated, the
3clerk of the court shall promptly forward to the
state superintendent department a
4certificate stating that the conviction has been reversed, set aside or vacated.
AB150-engrossed,2473,166
973.20
(1) When imposing sentence or ordering probation
or community
7supervision for any crime, the court, in addition to any other penalty authorized by
8law, shall order the defendant to make full or partial restitution under this section
9to any victim of the crime or, if the victim is deceased, to his or her estate, unless the
10court finds substantial reason not to do so and states the reason on the record.
11Restitution ordered under this section is a condition of probation
, community
12supervision or parole served by the defendant for the crime. After the termination
13of probation
, community supervision or parole, or if the defendant is not placed on
14probation
, community supervision or parole, restitution ordered under this section
15is enforceable in the same manner as a judgment in a civil action by the victim named
16in the order to receive restitution or enforced under ch. 785.
AB150-engrossed,2473,2418
973.20
(10) The court may require that restitution be paid immediately, within
19a specified period or in specified instalments. If the defendant is placed on probation
20or community supervision or sentenced to imprisonment, the end of a specified
21period shall not be later than the end of any period of probation
, community
22supervision or parole. If the defendant is sentenced to the intensive sanctions
23program, the end of a specified period shall not be later than the end of the sentence
24under s. 973.032 (3) (a).
AB150-engrossed,2474,10
1973.20
(11) (a) Except as otherwise provided in this paragraph, the restitution
2order shall require the defendant to deliver the amount of money or property due as
3restitution to the department for transfer to the victim or other person to be
4compensated by a restitution order under this section. If the defendant is not placed
5on probation
or community supervision or sentenced to prison, the court may order
6that restitution be paid to the clerk of court for transfer to the appropriate person.
7The court shall require the defendant to pay a surcharge equal to 5% of the total
8amount of any restitution, costs and attorney fees and any fines and related
9payments ordered under s. 973.05 (1) to the department or clerk of court for
10administrative expenses under this section.
AB150-engrossed,2474,2012
973.20
(13) (c) (intro.) The court, before imposing sentence or ordering
13probation
or community supervision, shall inquire of the district attorney regarding
14the amount of restitution, if any, that the victim claims. The court shall give the
15defendant the opportunity to stipulate to the restitution claimed by the victim and
16to present evidence and arguments on the factors specified in par. (a). If the
17defendant stipulates to the restitution claimed by the victim or if any restitution
18dispute can be fairly heard at the sentencing proceeding, the court shall determine
19the amount of restitution before imposing sentence or ordering probation
or
20community supervision. In other cases, the court may do any of the following:
AB150-engrossed,2475,222
973.20
(13) (c) 1. Order restitution of amounts not in dispute as part of the
23sentence or probation
or community supervision order imposed and direct the
24appropriate agency to file a proposed restitution order with the court within 90 days
1thereafter, and mail or deliver copies of the proposed order to the victim, district
2attorney, defendant and defense counsel.
AB150-engrossed,2475,84
973.20
(13) (c) 3. With the consent of the defendant, refer the disputed
5restitution issues to an arbitrator acceptable to all parties, whose determination of
6the amount of restitution shall be filed with the court within 60 days after the date
7of referral and incorporated into the court's sentence or probation
or community
8supervision order.
AB150-engrossed,2475,1810
973.20
(13) (c) 4. Refer the disputed restitution issues to a court commissioner
11or other appropriate referee, who shall conduct a hearing on the matter and submit
12the record thereof, together with proposed findings of fact and conclusions of law, to
13the court within 60 days of the date of referral. Within 30 days after the referee's
14report is filed, the court shall determine the amount of restitution on the basis of the
15record submitted by the referee and incorporate it into the sentence or probation
or
16community supervision order imposed. The judge may direct that hearings under
17this subdivision be recorded either by audio recorder or by a court reporter. A
18transcript is not required unless ordered by the judge.
AB150-engrossed,2475,2120
974.05
(1) (c) Judgment and sentence or order of probation
or community
21supervision not authorized by law.
AB150-engrossed,2476,623
974.06
(1) After the time for appeal or postconviction remedy provided in s.
24974.02 has expired, a prisoner in custody under sentence of a court or a person
25convicted and
placed on community supervision under s. 973.095 or placed with a
1volunteers in probation program under s. 973.11 claiming the right to be released
2upon the ground that the sentence was imposed in violation of the U.S. constitution
3or the constitution or laws of this state, that the court was without jurisdiction to
4impose such sentence, or that the sentence was in excess of the maximum authorized
5by law or is otherwise subject to collateral attack, may move the court which imposed
6the sentence to vacate, set aside or correct the sentence.
AB150-engrossed,2476,98
977.02
(4m) Promulgate rules for payments to the state public defender under
9s. 977.075.
AB150-engrossed,2476,1311
977.02
(4r) Promulgate rules that establish procedures to provide the
12department of administration with any information concerning the collection of
13payment ordered under s. 48.275 (2), 757.66, 973.06 (1) (e) or 977.076 (1).