AB100,2017,54
973.09
(3) (c) 1. The probationer has not made a good faith effort to discharge
5court-ordered payment obligations
or to pay fees owed under s. 304.073 or 304.074.
AB100,2017,96
2. The probationer is not presently able to make required
restitution payments
7and the probationer and the person to whom restitution is owed consent to the
8performance of community service work under sub. (7m) in satisfaction of restitution
9ordered for that person, for which an extended period of probation is required.
AB100, s. 5456
10Section
5456. 973.10 (1) of the statutes is amended to read:
AB100,2017,1511
973.10
(1) Imposition of probation shall have the effect of placing the defendant
12in the custody of the department and shall subject the defendant to the control of the
13department under conditions set by the court and rules and regulations established
14by the department for the supervision of probationers
and
, parolees
and persons on
15community supervision.
AB100, s. 5457
16Section
5457. 973.135 (title) of the statutes is amended to read:
AB100,2017,18
17973.135 (title)
Courts to report convictions to the department of
18education state superintendent of public instruction.
AB100, s. 5458
19Section
5458. 973.135 (1) (a) of the statutes is repealed.
AB100, s. 5459
20Section
5459. 973.135 (1) (am) of the statutes is renumbered 973.135 (1) (a).
AB100, s. 5460
21Section
5460. 973.135 (1) (b) of the statutes is created to read:
AB100,2017,2322
973.135
(1) (b) "State superintendent" means the state superintendent of
23public instruction.
AB100, s. 5461
24Section
5461. 973.135 (2) of the statutes is amended to read:
AB100,2018,6
1973.135
(2) If a court determines that a person convicted of a crime specified
2in ch. 948, including a crime specified in s. 948.015, a felony for which the maximum
3term of imprisonment is at least 5 years, 4th degree sexual assault under s. 940.225
4(3m) or a crime in which the victim was a child, is employed by an educational agency,
5the clerk of the court in which such conviction occurred shall promptly forward to the
6department state superintendent the record of conviction.
AB100, s. 5462
7Section
5462. 973.135 (3) of the statutes is amended to read:
AB100,2018,108
973.135
(3) If a conviction under sub. (2) is reversed, set aside or vacated, the
9clerk of the court shall promptly forward to the
department state superintendent a
10certificate stating that the conviction has been reversed, set aside or vacated.
AB100, s. 5463
11Section
5463. 973.15 (2) (b) of the statutes is amended to read:
AB100,2018,2212
973.15
(2) (b) The court may not impose a sentence to the intensive sanctions
13program consecutive to any other sentence. The court may not impose a sentence to
14the intensive sanctions program concurrent with a sentence imposing
15imprisonment, except that the court may impose a sentence to the program
16concurrent with an imposed and stayed imprisonment sentence or with a prison
17sentence for which the offender has been released on
community supervision or 18parole. The court may impose concurrent intensive sanctions program sentences.
19The court may impose an intensive sanctions program sentence concurrent to
20probation. The court may impose any sentence for an escape from a sentence to the
21intensive sanctions program concurrent with the sentence to the intensive sanctions
22program.
AB100, s. 5464
23Section
5464. 973.15 (6) of the statutes is amended to read:
AB100,2019,3
1973.15
(6) Sections 302.11 and 304.06 are applicable to an inmate serving a
2sentence to the Wisconsin state prisons
for a crime committed before July 1, 1998, 3but confined in a federal institution or an institution in another state.
AB100, s. 5465
4Section
5465. 973.155 (1) (b) of the statutes is amended to read:
AB100,2019,85
973.155
(1) (b) The categories in par. (a) include custody of the convicted
6offender which is in whole or in part the result of a probation
, community supervision 7or parole hold under s. 304.06 (3) or 973.10 (2) placed upon the person for the same
8course of conduct as that resulting in the new conviction.
AB100, s. 5466
9Section
5466. 973.155 (2) of the statutes is amended to read:
AB100,2019,1610
973.155
(2) After the imposition of sentence, the court shall make and enter a
11specific finding of the number of days for which sentence credit is to be granted,
12which finding shall be included in the judgment of conviction. In the case of
13revocation of probation
, community supervision or parole, the department, if the
14hearing is waived, or the division of hearings and appeals in the department of
15administration, in the case of a hearing, shall make such a finding, which shall be
16included in the revocation order.
AB100, s. 5467
17Section
5467. 973.155 (5) of the statutes is amended to read:
AB100,2019,2518
973.155
(5) If this section has not been applied at sentencing to any person who
19is in custody or to any person who is on probation
, community supervision or parole,
20the person may petition the department to be given credit under this section. Upon
21proper verification of the facts alleged in the petition, this section shall be applied
22retroactively to the person. If the department is unable to determine whether credit
23should be given, or otherwise refuses to award retroactive credit, the person may
24petition the sentencing court for relief. This subsection applies to any person,
25regardless of the date he or she was sentenced.
AB100, s. 5468
1Section
5468. 973.20 (1r) of the statutes is amended to read:
AB100,2020,132
973.20
(1r) When imposing sentence or ordering probation for any crime for
3which the defendant was convicted, the court, in addition to any other penalty
4authorized by law, shall order the defendant to make full or partial restitution under
5this section to any victim of a crime considered at sentencing or, if the victim is
6deceased, to his or her estate, unless the court finds substantial reason not to do so
7and states the reason on the record. Restitution ordered under this section is a
8condition of probation
, community supervision or parole served by the defendant for
9a crime for which the defendant was convicted. After the termination of probation
,
10community supervision or parole, or if the defendant is not placed on probation
,
11community supervision or parole, restitution ordered under this section is
12enforceable in the same manner as a judgment in a civil action by the victim named
13in the order to receive restitution or enforced under ch. 785.
AB100, s. 5469
14Section
5469. 973.20 (10) of the statutes is amended to read:
AB100,2020,2015
973.20
(10) The court may require that restitution be paid immediately, within
16a specified period or in specified instalments. If the defendant is placed on probation
17or sentenced to imprisonment, the end of a specified period shall not be later than
18the end of any period of probation
, community supervision or parole. If the defendant
19is sentenced to the intensive sanctions program, the end of a specified period shall
20not be later than the end of the sentence under s. 973.032 (3) (a).
AB100, s. 5470
21Section
5470. 975.10 (1) of the statutes is amended to read:
AB100,2021,822
975.10
(1) Any person committed as provided in this chapter may be paroled
23if it appears to the satisfaction of the department of health and family services after
24recommendation by a special review board, appointed by the department, a majority
25of whose members shall not be connected with the department, that the person is
1capable of making an acceptable adjustment in society. Before a person is released
2on parole under this section, the department of health and family services shall so
3notify the municipal police department and county sheriff for the area where the
4person will be residing. The notification requirement does not apply if a municipal
5department or county sheriff submits to the department of health and family services
6a written statement waiving the right to be notified. Probation
, community
7supervision and parole agents of the department of corrections shall supervise
8persons paroled under this section.
AB100, s. 5471
9Section
5471. 976.03 (3) of the statutes is amended to read:
AB100,2021,2510
976.03
(3) Form of demand. No demand for the extradition of a person charged
11with a crime in another state shall be recognized by the governor unless in writing
12alleging, except in cases arising under sub. (6), that the accused was present in the
13demanding state at the time of the commission of the alleged crime, and that
14thereafter the accused fled from the state, and accompanied by a copy of an
15indictment found or by an information supported by affidavit in the state having
16jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there,
17together with a copy of any warrant which was issued thereon; or by a copy of a
18judgment of conviction or of a sentence imposed in execution thereof, together with
19a statement by the executive authority of the demanding state that the person
20claimed has escaped from confinement or has broken the terms of the person's bail,
21probation
, community supervision or parole. The indictment, information or
22affidavit made before the magistrate must substantially charge the person
23demanded with having committed a crime under the law of that state; and the copy
24of indictment, information, affidavit, judgment of conviction or sentence must be
25authenticated by the executive authority making the demand.
AB100, s. 5472
1Section
5472. 976.03 (13) of the statutes is amended to read:
AB100,2022,202
976.03
(13) Arrest prior to requisition. Whenever any person within this
3state shall be charged on the oath of any credible person before any judge of this state
4with the commission of any crime in any other state and, except in cases arising
5under sub. (6), with having fled from justice, or with having been convicted of a crime
6in that state and having escaped from confinement, or having broken the terms of
7his or her bail, probation
, community supervision or parole, or whenever complaint
8shall have been made before any judge in this state setting forth on the affidavit of
9any credible person in another state that a crime has been committed in such other
10state and that the accused has been charged in such state with the commission of the
11crime, and, except in cases arising under sub. (6), has fled from justice, or with having
12been convicted of a crime in that state and having escaped from confinement, or
13having broken the terms of his or her bail, probation
, community supervision or
14parole, and is believed to be in this state, the judge shall issue a warrant directed to
15any peace officer commanding the officer to apprehend the person named therein,
16wherever the person may be found in this state, and to bring the person before the
17same or any other judge or court who or which may be available in or convenient of
18access to the place where the arrest may be made, to answer the charge or complaint
19and affidavit; and a certified copy of the sworn charge or complaint and affidavit upon
20which the warrant is issued shall be attached to the warrant.
AB100, s. 5473
21Section
5473. 976.03 (22) of the statutes is amended to read:
AB100,2023,622
976.03
(22) Fugitives from this state, duty of governor. Whenever the
23governor of this state shall demand a person charged with crime or with escaping
24from confinement or breaking the terms of his or her bail, probation
, community
25supervision or parole in this state from the executive authority of any other state, or
1from the chief justice or an associate justice of the district court of the United States
2for the District of Columbia authorized to receive such demand under the laws of the
3United States, the governor shall issue a warrant under the seal of this state, to some
4agent, commanding the agent to receive the person so charged if delivered to the
5agent and convey the person to the proper officer of the county in this state in which
6the offense was committed.
AB100, s. 5474
7Section
5474. 976.03 (23) (b) of the statutes is amended to read:
AB100,2023,188
976.03
(23) (b) When the return to this state is required of a person who has
9been convicted of a crime in this state and has escaped from confinement or broken
10the terms of his or her bail, probation
, community supervision or parole, the
11prosecuting attorney of the county in which the offense was committed, the secretary
12of corrections, or the warden of the institution or sheriff of the county from which
13escape was made, shall present to the governor a written application for a requisition
14for the return of the person, in which application shall be stated the name of the
15person, the crime of which the person was convicted, the circumstances of escape
16from confinement or of the breach of the terms of bail, probation
, community
17supervision or parole, and the state in which the person is believed to be, including
18the location of the person therein at the time application is made.
AB100, s. 5475
19Section
5475. 976.03 (27) (a) of the statutes is amended to read:
AB100,2024,420
976.03
(27) (a) Any person arrested in this state charged with having
21committed any crime in another state or alleged to have escaped from confinement,
22or broken the terms of his or her bail, probation
, community supervision or parole
23may waive the issuance and service of the warrant provided for in subs. (7) and (8)
24and all other procedure incidental to extradition proceedings, by executing or
25subscribing in the presence of a judge of any court of record within this state a writing
1which states that the person consents to return to the demanding state; however,
2before such waiver shall be executed or subscribed by such person the judge shall
3inform such person of the person's rights to the issuance and service of a warrant of
4extradition and to commence an action for habeas corpus as provided in sub. (10).
AB100, s. 5476
5Section
5476. 976.05 (3) (a) of the statutes is amended to read:
AB100,2024,226
976.05
(3) (a) Whenever a person has entered upon a term of imprisonment in
7a penal or correctional institution of a party state, and whenever during the
8continuance of the term of imprisonment there is pending in any other party state
9any untried indictment, information or complaint on the basis of which a detainer
10has been lodged against the prisoner, the prisoner shall be brought to trial within 180
11days after the prisoner has caused to be delivered to the prosecuting officer and the
12appropriate court of the prosecuting officer's jurisdiction written notice of the place
13of his or her imprisonment and his or her request for a final disposition to be made
14of the indictment, information or complaint, but for good cause shown in open court,
15the prisoner or the prisoner's counsel being present, the court having jurisdiction of
16the matter may grant any necessary or reasonable continuance. The request of the
17prisoner shall be accompanied by a certificate of the appropriate official having
18custody of the prisoner, stating the term of commitment under which the prisoner is
19being held, the time already served, the time remaining to be served on the sentence,
20the amount of good time earned, the time of parole eligibility
or date of release to
21community supervision of the prisoner and any decisions of the department relating
22to the prisoner.
AB100, s. 5477
23Section
5477. 976.05 (4) (b) of the statutes is amended to read:
AB100,2025,824
976.05
(4) (b) Upon receipt of the officer's written request under par. (a), the
25appropriate authorities having the prisoner in custody shall furnish the officer with
1a certificate stating the term of commitment under which the prisoner is being held,
2the time already served, the time remaining to be served on the sentence, the amount
3of good time earned, the time of parole eligibility
or date of release to community
4supervision of the prisoner, and any decisions of the state parole agency relating to
5the prisoner. Said authorities simultaneously shall furnish all other officers and
6appropriate courts in the receiving state who lodged detainers against the prisoner
7with similar certificates and with notices informing them of the request for custody
8or availability and of the reasons therefor.
AB100, s. 5478
9Section
5478. 977.05 (6) (h) (intro.) of the statutes is amended to read:
AB100,2025,1210
977.05
(6) (h) (intro.) The state public defender may not provide legal services
11or assign counsel in parole
or community supervision revocation proceedings unless
12all of the following apply:
AB100, s. 5479
13Section
5479. 977.05 (6) (h) 1. of the statutes is amended to read:
AB100,2025,1514
977.05
(6) (h) 1. The parolee
or person on community supervision is contesting
15the revocation of parole
or community supervision.
AB100, s. 5480
16Section
5480. 977.05 (6) (h) 2. of the statutes is amended to read:
AB100,2025,1917
977.05
(6) (h) 2. The department of corrections seeks to have the parolee
or
18person on community supervision imprisoned upon the revocation of parole
or
19community supervision.
AB100, s. 5481
20Section
5481. 977.06 (4) (bm) of the statutes is created to read:
AB100,2025,2421
977.06
(4) (bm) The state public defender shall provide information from any
22statement, affidavit or other information provided by a person regarding financial
23eligibility under s. 977.07 in response to a request for information made under s.
2449.22 (2m).
AB100, s. 5482
25Section
5482. 977.06 (4) (c) of the statutes is amended to read:
AB100,2026,4
1977.06
(4) (c)
Paragraph
Paragraphs (b)
does and (bm) do not limit the
2authority of the state public defender to release a copy of
the a statement, affidavit
3or other information
regarding financial eligibility under s. 977.07 under other
4circumstances.
AB100, s. 5483
5Section
5483. 977.08 (5) (b) (intro.) of the statutes is amended to read:
AB100,2026,86
977.08
(5) (b) (intro.)
Any Except as provided in par. (bn), any of the following
7constitutes an annual caseload standard for an assistant state public defender in the
8subunit responsible for trials:
AB100, s. 5484
9Section
5484. 977.08 (5) (bn) of the statutes is created to read:
AB100,2026,1310
977.08
(5) (bn) Beginning on the effective date of this paragraph .... [revisor
11inserts date], and ending on June 30, 1999, any of the following constitutes an annual
12caseload standard for an assistant state public defender in the subunit responsible
13for trials:
AB100,2026,1414
1. Felony cases not specified in subd. 1m.: 184.5.
AB100,2026,1515
1m. First-degree intentional homicide cases: 15.
AB100,2026,1616
1r. Cases representing persons under ss. 980.05 and 980.06: 15.
AB100,2026,1717
2. Misdemeanor cases: 492.
AB100,2026,1818
3. Cases not covered under subd. 1., 1m., 1r. or 2.: 246.
AB100, s. 5485
19Section
5485. 978.07 (1) (c) 1. of the statutes is amended to read:
AB100,2027,220
978.07
(1) (c) 1. Any case record of a felony punishable by life imprisonment
21or a related case, after the defendant's parole eligibility date under s. 304.06 (1) or
22973.014
(1) or date of eligibility for release to community supervision under s.
23973.014 (1g) (a) 1. or 2., whichever is applicable, or 50 years after the commencement
24of the action, whichever occurs later. If there is no parole eligibility date
or no date
1for release to community supervision, the district attorney may destroy the case
2record after the defendant's death.
AB100, s. 5486
3Section
5486. 978.13 (1) (b) of the statutes is amended to read:
AB100,2027,124
978.13
(1) (b) In counties having a population of 500,000 or more, the salary
5and fringe benefit costs of 2 clerk positions providing clerical services to the
6prosecutors in the district attorney's office handling cases involving felony violations
7under ch. 961. The state treasurer shall pay the amount authorized under this
8paragraph to the county treasurer pursuant to a voucher submitted by the district
9attorney to the department of administration from the appropriation under s. 20.475
10(1)
(h) (i). The amount paid under this paragraph may not exceed
$65,800 $70,500 11in the
1995-96 1997-98 fiscal year and
$68,100 $73,000 in the
1996-97 1998-99 12fiscal year.
AB100, s. 5487
13Section
5487. 978.13 (1) (c) of the statutes is amended to read:
AB100,2027,2314
978.13
(1) (c) In counties having a population of 500,000 or more, the salary and
15fringe benefit costs of clerk positions in the district attorney's office necessary for the
16prosecution of violent crime cases primarily involving felony violations under s.
17939.63, if a felony is committed while armed, and under ss. 940.01 to 940.03, 940.05,
18940.06, 940.225, 943.23 (1g), (1m) and (1r) and 943.32 (2). The state treasurer shall
19pay the amount authorized under this paragraph to the county treasurer pursuant
20to a voucher submitted by the district attorney to the secretary of administration
21from the appropriation under s. 20.475 (1) (i). The amount paid under this paragraph
22may not exceed
$82,600 $88,500 in the
1995-96 1997-98 fiscal year and
$85,500 23$91,600 in the
1996-97 1998-99 fiscal year.
AB100, s. 5488
24Section
5488. 980.015 (2) (a) of the statutes is amended to read:
AB100,2028,3
1980.015
(2) (a) The anticipated discharge from a sentence, anticipated release
2on parole
or community supervision or anticipated release from imprisonment of a
3person who has been convicted of a sexually violent offense.
AB100, s. 5489
4Section
5489. 980.02 (1) (b) 2. of the statutes is amended to read:
AB100,2028,95
980.02
(1) (b) 2. The county in which the person will reside or be placed upon
6his or her discharge from a sentence, release on parole
or community supervision,
7release from imprisonment, from a secured correctional facility, as defined in s.
8938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or
9from a commitment order.
AB100, s. 5490
10Section
5490. 980.02 (2) (ag) of the statutes is amended to read:
AB100,2028,1711
980.02
(2) (ag) The person is within 90 days of discharge or release, on parole
,
12community supervision or otherwise, from a sentence that was imposed for a
13conviction for a sexually violent offense, from a secured correctional facility, as
14defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02
15(15g), if the person was placed in the facility for being adjudicated delinquent under
16s. 938.34 on the basis of a sexually violent offense or from a commitment order that
17was entered as a result of a sexually violent offense.
AB100, s. 5491
18Section
5491. 980.02 (4) (am) of the statutes is amended to read:
AB100,2028,2319
980.02
(4) (am) The circuit court for the county in which the person will reside
20or be placed upon his or her discharge from a sentence, release on parole
or
21community supervision, release from imprisonment, from a secured correctional
22facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined
23in s. 938.02 (15g), or from a commitment order.
AB100,2029,14
1980.11
(4) The department shall design and prepare cards for persons specified
2in sub. (2) (am) to send to the department. The cards shall have space for these
3persons to provide their names and addresses, the name of the person committed
4under this chapter and any other information the department determines is
5necessary. The department shall provide the cards, without charge, to the
6department of justice and district attorneys. The department of justice and district
7attorneys shall provide the cards, without charge, to persons specified in sub. (2)
8(am). These persons may send completed cards to the department of health and
9family services. All records or portions of records of the department of health and
10family services that relate to mailing addresses of these persons are not subject to
11inspection or copying under s. 19.35 (1), except as needed to comply with a request
12by the department of corrections under s. 301.46 (3) (d)
and except that the
13department shall provide information from records kept under this subsection in
14response to a request for information made under s. 49.22 (2m).
AB100, s. 5493
15Section
5493. 985.01 (3) of the statutes is amended to read:
AB100,2029,1816
985.01
(3) "Municipality" "
Local governmental unit" has the meaning in s.
17345.05 (1)
(c) (bg) and "governing body" the meaning in s. 345.05 (1) (b) with reference
18to such
municipality local governmental unit.
AB100, s. 5494
19Section
5494. 985.02 (1) of the statutes is amended to read:
AB100,2029,2420
985.02
(1) Except as otherwise provided by law, a legal notice shall be published
21in a newspaper likely to give notice in the area or to the person affected. Whenever
22the law requires publication in a newspaper published in a designated
municipality 23local governmental unit or area and no newspaper is published therein publication
24shall be made in a newspaper likely to give notice.
AB100, s. 5495
25Section
5495. 985.02 (2) (intro.) of the statutes is amended to read:
AB100,2030,2
1985.02
(2) (intro.) If the governing body of a
municipality local governmental
2unit elects to post under s. 985.05 (1) it shall post in the following manner:
AB100, s. 5496
3Section
5496. 985.05 (title) of the statutes is amended to read:
AB100,2030,4
4985.05 (title)
Official municipal local newspapers.
AB100, s. 5497
5Section
5497. 985.05 (1) of the statutes is amended to read:
AB100,2030,216
985.05
(1) The governing body of every
municipality local governmental unit 7not required to have an official newspaper may designate a newspaper published or
8having general circulation in the
municipality local governmental unit and eligible
9under s. 985.03 as its official newspaper or utilize the same for specific notices. The
10governing body of such
municipality local governmental unit may, in lieu of
11newspaper publication, direct other form of publication or posting under s. 985.02
12(2). Other publication or posting, however, shall not be substituted for newspaper
13publication in proceedings relating to: tax redemptions or sales of land acquired by
14the county or city authorized to act under s. 74.87 for delinquent taxes, charges or
15assessments; civil annexations, detachments, consolidations or incorporations
16under chs. 59 to 66; or legal notices directed to specific individuals. Posting may not
17be substituted for publication in school board elections conducted under s. 120.06 or
18publication under s. 60.80 (2) of town ordinances imposing forfeitures. If an eligible
19newspaper is published in the
municipality local governmental unit, other
20publication or posting shall not be substituted for newspaper publication under s.
2161.32 or 61.50.