AB100-engrossed,2250,2322
951.01
(3f) "Fire department" includes a volunteer fire department and a
23department under s. 61.66.
AB100-engrossed,2250,25
25951.095 (title)
Harassment of police and fire animals.
AB100-engrossed,2251,42
951.095
(1) (intro.) No person may do any of the following to any animal that
3is used by a law enforcement agency
or fire department to perform agency
or
4department functions or duties:
AB100-engrossed,2251,166
951.18
(2m) Any person who violates s. 951.095 is subject to a Class B
7forfeiture. Any person who intentionally or negligently violates s. 951.095, knowing
8that the animal that is the victim is used by a law enforcement agency
or fire
9department to perform agency
or department functions or duties, is guilty of a Class
10A misdemeanor. Any person who intentionally violates s. 951.095, knowing that the
11animal that is the victim is used by a law enforcement agency
or fire department to
12perform agency
or department functions or duties and causing injury to the animal,
13is guilty of a Class E felony. Any person who intentionally violates s. 951.095,
14knowing that the animal that is the victim is used by a law enforcement agency
or
15fire department to perform agency
or department functions or duties and causing
16death to the animal, is guilty of a Class D felony.
AB100-engrossed,2251,2318
961.38
(2) In emergency situations, as defined by rule of the pharmacy
19examining board, schedule II drugs may be dispensed upon oral
or electronic 20prescription of a practitioner, reduced promptly to writing and filed by the pharmacy.
21Prescriptions shall be retained in conformity with rules of the pharmacy examining
22board promulgated under s. 961.31. No prescription for a schedule II substance may
23be refilled.
AB100-engrossed,2252,7
1961.38
(3) Except when dispensed directly by a practitioner, other than a
2pharmacy, to an ultimate user, a controlled substance included in schedule III or IV,
3which is a prescription drug, shall not be dispensed without a written
or, oral
or
4electronic prescription of a practitioner. The prescription shall not be filled or refilled
5except as designated on the prescription and in any case not more than 6 months
6after the date thereof, nor may it be refilled more than 5 times, unless renewed by
7the practitioner.
AB100-engrossed,2252,119
961.38
(5) No practitioner shall prescribe, orally
, electronically or in writing,
10or take without a prescription a controlled substance included in schedule I, II, III
11or IV for the practitioner's own personal use.
AB100-engrossed,2252,1413
967.02
(2) "Department" means the department of corrections, except as
14provided in
ss. 973.135 (1) (a) and s. 975.001.
AB100-engrossed,2252,1816
973.046
(1) (intro.)
Beginning on August 12, 1993, if If a court imposes a
17sentence or places a person on probation under any of the following circumstances,
18the court shall impose a deoxyribonucleic acid analysis surcharge of $250:
AB100-engrossed,2252,2020
973.046
(1) (a) The person violated s. 940.225
, 943.10 or 948.02 (1) or (2).
AB100-engrossed,2253,2122
973.05
(1) When a defendant is sentenced to pay a fine, the court may grant
23permission for the payment of the fine, of the penalty assessment imposed by s.
24165.87, the jail assessment imposed by s. 302.46 (1), the crime victim and witness
25assistance surcharge under s. 973.045,
the crime laboratories and drug law
1enforcement assessment imposed by s. 165.755, any applicable deoxyribonucleic acid
2analysis surcharge under s. 973.046, any applicable drug abuse program
3improvement surcharge imposed by s. 961.41 (5), any applicable domestic abuse
4assessment imposed by s. 971.37 (1m) (c) 1. or 973.055, any applicable driver
5improvement surcharge imposed by s. 346.655,
any applicable enforcement
6assessment imposed by s. 253.06 (4) (c), any applicable weapons assessment imposed
7by s. 167.31, any applicable uninsured employer assessment imposed by s. 102.85 (4),
8any applicable environmental assessment imposed by s. 299.93, any applicable wild
9animal protection assessment imposed by s. 29.9965, any applicable natural
10resources assessment imposed by s. 29.997 and any applicable natural resources
11restitution payment imposed by s. 29.998 to be made within a period not to exceed
12120 days. If no such permission is embodied in the sentence, the fine, the penalty
13assessment, the jail assessment, the crime victim and witness assistance surcharge,
14the crime laboratories and drug law enforcement assessment, any applicable
15deoxyribonucleic acid analysis surcharge, any applicable drug abuse program
16improvement surcharge, any applicable domestic abuse assessment, any applicable
17driver improvement surcharge,
any applicable enforcement assessment, any
18applicable weapons assessment, any applicable uninsured employer assessment,
19any applicable environmental assessment, any applicable wild animal protection
20assessment, any applicable natural resources assessment and any applicable
21natural resources restitution payment shall be payable immediately.
AB100-engrossed,2255,323
973.05
(2) When a defendant is sentenced to pay a fine and is also placed on
24probation, the court may make the payment of the fine, the penalty assessment, the
25jail assessment, the crime victim and witness assistance surcharge,
the crime
1laboratories and drug law enforcement assessment, any applicable deoxyribonucleic
2acid analysis surcharge, any applicable drug abuse program improvement
3surcharge, any applicable domestic abuse assessment, any applicable uninsured
4employer assessment, any applicable driver improvement surcharge,
any applicable
5enforcement assessment under s. 253.06 (4) (c), any applicable weapons assessment,
6any applicable environmental assessment, any applicable wild animal protection
7assessment, any applicable natural resources assessment and any applicable
8natural resources restitution payments a condition of probation. When the
9payments are made a condition of probation by the court, payments thereon shall be
10applied first to payment of the penalty assessment until paid in full, shall then be
11applied to the payment of the jail assessment until paid in full, shall then be applied
12to the payment of part A of the crime victim and witness assistance surcharge until
13paid in full, shall then be applied to part B of the crime victim and witness assistance
14surcharge until paid in full,
shall then be applied to the crime laboratories and drug
15law enforcement assessment until paid in full, shall then be applied to the
16deoxyribonucleic acid analysis surcharge until paid in full, shall then be applied to
17the drug abuse improvement surcharge until paid in full, shall then be applied to
18payment of the driver improvement surcharge until paid in full, shall then be applied
19to payment of the domestic abuse assessment until paid in full, shall then be applied
20to payment of the natural resources assessment if applicable until paid in full, shall
21then be applied to payment of the natural resources restitution payment until paid
22in full, shall then be applied to the payment of the environmental assessment if
23applicable until paid in full, shall then be applied to the payment of the wild animal
24protection assessment if applicable until paid in full, shall then be applied to
25payment of the weapons assessment until paid in full, shall then be applied to
1payment of the uninsured employer assessment until paid in full
, shall then be
2applied to payment of the enforcement assessment under s. 253.06 (4) (c), if
3applicable, until paid in full and shall then be applied to payment of the fine.
AB100-engrossed,2255,195
973.05
(5) (a) Upon entry of the assignment under sub. (4) (b), unless the court
6finds that income withholding is likely to cause the defendant irreparable harm, the
7court shall provide notice of the assignment by regular mail to the last-known
8address of the person from whom the defendant receives or will receive money. If the
9clerk does not receive the money from the person notified, the court shall provide
10notice of the assignment to any other person from whom the defendant receives or
11will receive money. Notice under this paragraph may be a notice of the court, a copy
12of the executed assignment or a copy of that part of the court order directing payment.
13If the court issues an order under sub. (4) (b) assigning lottery prizes, the court shall
14send the notice of that order to the administrator of the lottery division of the
gaming
15commission department of revenue, including a statement of the amount owed under
16the judgment and the name and address of the person owing the judgment. The court
17shall notify the administrator of the lottery division of the
gaming commission 18department of revenue when the judgment that is the basis of the assignment has
19been paid in full.
AB100-engrossed,2255,2321
973.055
(3) All moneys collected from domestic abuse assessments shall be
22deposited by the state treasurer in s. 20.435
(1)
(3) (hh) and utilized in accordance
23with s. 46.95.
AB100-engrossed,2256,22
1973.07 Failure to pay fine or costs or to comply with certain
2community service work. If the fine, costs, penalty assessment, jail assessment,
3crime victim and witness assistance surcharge,
crime laboratories and drug law
4enforcement assessment, applicable deoxyribonucleic acid analysis surcharge,
5applicable drug abuse program improvement surcharge, applicable domestic abuse
6assessment, applicable driver improvement surcharge,
applicable enforcement
7assessment under s. 253.06 (4) (c), applicable weapons assessment, applicable
8uninsured employer assessment, applicable environmental assessment, applicable
9wild animal protection assessment, applicable natural resources assessment and
10applicable natural resources restitution payments are not paid or community service
11work under s. 943.017 (3) is not completed as required by the sentence, the defendant
12may be committed to the county jail until the fine, costs, penalty assessment, jail
13assessment, crime victim and witness assistance surcharge,
crime laboratories and
14drug law enforcement assessment, applicable deoxyribonucleic acid analysis
15surcharge, applicable drug abuse program improvement surcharge, applicable
16domestic abuse assessment, applicable driver improvement surcharge,
applicable
17enforcement assessment under s. 253.06 (4) (c), applicable weapons assessment,
18applicable uninsured employer assessment, applicable environmental assessment,
19applicable wild animal protection assessment, applicable natural resources
20assessment or applicable natural resources restitution payments are paid or
21discharged, or the community service work under s. 943.017 (3) is completed, for a
22period fixed by the court not to exceed 6 months.
AB100-engrossed,2257,1324
973.09
(3) (b) The department shall notify the sentencing court, any person to
25whom unpaid restitution is owed and the district attorney of the status of the ordered
1restitution payments unpaid at least 90 days before the probation expiration date.
2If payment as ordered has not been made, the court shall hold a probation review
3hearing prior to the expiration date, unless the hearing is voluntarily waived by the
4probationer with the knowledge that waiver may result in an extension of the
5probation period or in a revocation of probation. If the court does not extend
6probation, it shall issue a judgment for the unpaid restitution and direct the clerk
7of circuit court to file and enter the judgment in the judgment and lien docket,
8without fee, unless it finds that the victim has already recovered a judgment against
9the probationer for the damages covered by the restitution order. If the court issues
10a judgment for the unpaid restitution, the court shall send to the person at his or her
11last-known address written notification that a civil judgment has been issued for the
12unpaid restitution. The judgment has the same force and effect as judgments
13entered under s. 806.10.
AB100-engrossed,2257,1815
973.09
(3) (bm) 1. At least 90 days before the expiration date of a probationer's
16period of probation, the department may notify the sentencing court and the district
17attorney that a probationer owes unpaid fees to the department under s. 304.073 or
18304.074.
AB100-engrossed,2257,2519
2. Upon receiving notice from the department under subd. 1., the court shall
20schedule a probation review hearing to be held before the expiration date of the
21period of probation unless the probationer either pays the fees before the scheduled
22hearing date or voluntarily waives the hearing. A waiver of a probation review
23hearing under this subdivision shall include an acknowledgement by the probationer
24that waiver may result in an extension of the probation period, a modification of the
25terms and conditions of probation or a revocation of probation.
AB100-engrossed,2258,6
13. At a probation review hearing under subd. 2., the department has the burden
2of proving that the probationer owes unpaid fees under s. 304.073 or 304.074 and the
3amount of the unpaid fees. If the department proves by a preponderance of the
4evidence that the probationer owes unpaid fees under s. 304.073 or 304.074, the court
5may, by order, extend the period of probation for a stated period, modify the terms
6and conditions of probation or revoke the probationer's probation.
AB100-engrossed,2258,137
4. If the court does not extend, revoke or modify the terms of probation under
8subd. 3., it shall issue a judgment for the unpaid fees and direct the clerk of circuit
9court to file and enter the judgment in the judgment and lien docket, without fee.
10If the court issues a judgment for the unpaid fees, the court shall send to the
11department a written notification that a civil judgment has been issued for the
12unpaid fees. The judgment has the same force and effect as judgments entered under
13s. 806.10.
AB100-engrossed,2258,1615
973.09
(3) (c) 1. The probationer has not made a good faith effort to discharge
16court-ordered payment obligations
or to pay fees owed under s. 304.073 or 304.074.
AB100-engrossed,2258,2017
2. The probationer is not presently able to make required
restitution payments
18and the probationer and the person to whom restitution is owed consent to the
19performance of community service work under sub. (7m) in satisfaction of restitution
20ordered for that person, for which an extended period of probation is required.
AB100-engrossed,2258,23
22973.135 (title)
Courts to report convictions to the department of
23education state superintendent of public instruction.
AB100-engrossed,2259,32
973.135
(1) (b) "State superintendent" means the state superintendent of
3public instruction.
AB100-engrossed,2259,105
973.135
(2) If a court determines that a person convicted of a crime specified
6in ch. 948, including a crime specified in s. 948.015, a felony for which the maximum
7term of imprisonment is at least 5 years, 4th degree sexual assault under s. 940.225
8(3m) or a crime in which the victim was a child, is employed by an educational agency,
9the clerk of the court in which such conviction occurred shall promptly forward to the
10department state superintendent the record of conviction.
AB100-engrossed,2259,1412
973.135
(3) If a conviction under sub. (2) is reversed, set aside or vacated, the
13clerk of the court shall promptly forward to the
department state superintendent a
14certificate stating that the conviction has been reversed, set aside or vacated.
AB100-engrossed,2259,1816
977.08
(5) (b) (intro.)
Any Except as provided in par. (bn), any of the following
17constitutes an annual caseload standard for an assistant state public defender in the
18subunit responsible for trials:
AB100-engrossed,2259,2320
977.08
(5) (bn) Beginning on the effective date of this paragraph .... [revisor
21inserts date], and ending on June 30, 1999, any of the following constitutes an annual
22caseload standard for an assistant state public defender in the subunit responsible
23for trials:
AB100-engrossed,2259,2424
1. Felony cases not specified in subd. 1m.: 184.5.
AB100-engrossed,2259,2525
1m. First-degree intentional homicide cases: 15.
AB100-engrossed,2260,1
11r. Cases representing persons under ss. 980.05 and 980.06: 15.
AB100-engrossed,2260,22
2. Misdemeanor cases: 492.
AB100-engrossed,2260,33
3. Cases not covered under subd. 1., 1m., 1r. or 2.: 246.
AB100-engrossed,2260,75
978.045
(1r) (e) The district attorney is
physically unable to attend to his or her
6duties
or has a mental incapacity that impairs his or her ability to substantially
7perform his or her duties.
AB100-engrossed,2260,149
978.12
(5) (b)
Employes generally. District attorneys and state employes of the
10office of district attorney shall be included within the provisions of the Wisconsin
11retirement system under ch. 40 as a participating employe of that office, except that
12the district attorney and state employes of the office of district attorney in a county
13having a population of 500,000 or more have the option provided under
par. (c) s.
14978.12 (5) (c), 1995 stats.
AB100-engrossed,2262,918
978.12
(6) (a) District attorneys and state employes of the office of district
19attorney shall be included within all insurance benefit plans under ch. 40, except as
20authorized in this
subsection paragraph. Alternatively, the state shall provide
21insurance benefit plans for district attorneys and state employes in the office of
22district attorney in the manner provided in this
subsection paragraph. A district
23attorney or other employe of the office of district attorney who was employed in that
24office as a county employe on December 31, 1989, and who received any form of fringe
25benefits other than a retirement, deferred compensation or employe-funded
1reimbursement account plan as a county employe, as defined by that county
2pursuant to the county's personnel policies, or pursuant to a collective bargaining
3agreement in effect on January 1, 1990, or the most recent collective bargaining
4agreement covering represented employes who are not covered by such an
5agreement, may elect to continue to be covered under all such fringe benefit plans
6provided by the county after becoming a state employe. In a county having a
7population of 500,000 or more, the fringe benefit plans shall include health insurance
8benefits fully paid by the county for each retired employe who, on or after December
931, 1989, attains at least 15 years of service in the office of district attorney of that
10county, whether or not the service is as a county employe, for the duration of the
11employe's life. An employe may make an election under this
subsection paragraph 12no later than January 31, 1990, except that an employe who serves as an assistant
13district attorney in a county having a population of 500,000 or more may make an
14election under this
subsection paragraph no later than March 1, 1990. An election
15under this
subsection paragraph shall be for the duration of the employe's
16employment in the office of district attorney for the same county by which the
17employe was employed or until the employe terminates the election under this
18subsection paragraph, at the same cost to the county as the county incurs for a
19similarly situated county employe.
If Subject to par. (b), if the employer's cost for
20such fringe benefits for any such employe is less than or equal to the cost for
21comparable coverage under ch. 40, if any, the state shall reimburse the county for
22that cost.
If Subject to par. (b), if the employer's cost for such fringe benefits for any
23such employe is greater than the cost for comparable coverage under ch. 40, the state
24shall reimburse the county for the cost of comparable coverage under ch. 40 and the
25county shall pay the remainder of the cost. The cost of comparable coverage under
1ch. 40 shall equal the average cost of comparable coverage under ch. 40 for employes
2in the office of the state public defender, as contained in budget determinations
3approved by the joint committee on finance or the legislature under the biennial
4budget act for the period during which the costs are incurred. An employe who makes
5the election under this
subsection paragraph may terminate that election, and shall
6then be included within all insurance benefit plans under ch. 40, except that the
7department of employe trust funds may require prior written notice, not exceeding
8one year's duration, of an employe's intent to be included under any insurance benefit
9plan under ch. 40.
AB100-engrossed,2262,1511
978.12
(6) (b) 1. Beginning in the 1997-98 fiscal year and ending in the 2006-07
12fiscal year, the state shall in each fiscal year reduce its reimbursement of the
13employer's cost for fringe benefits under par. (a) by an amount that equals the
14amount paid by the department of administration to the Wisconsin retirement
15system under s. 40.05 (2) (bz) 3.
AB100-engrossed,2262,1816
2. In the 1997-98 fiscal year and the 1998-99 fiscal year, after making the
17reduction specified under subd. 1., the state shall increase its reimbursement of the
18employer's cost for fringe benefits under par. (a) by $50,000.
AB100-engrossed,2262,2320
978.12
(6) (c) A county having a population of 500,000 or more may not reduce
21the fringe benefits of any assistant district attorney granted creditable service under
22s. 40.02 (17) (gm) to compensate for the reduction in the state's reimbursement of the
23employer's cost for fringe benefits under par. (b).
AB100-engrossed,2263,9
1978.13
(1) (b) In counties having a population of 500,000 or more, the salary
2and fringe benefit costs of 2 clerk positions providing clerical services to the
3prosecutors in the district attorney's office handling cases involving felony violations
4under ch. 961. The state treasurer shall pay the amount authorized under this
5paragraph to the county treasurer pursuant to a voucher submitted by the district
6attorney to the department of administration from the appropriation under s. 20.475
7(1)
(h) (i). The amount paid under this paragraph may not exceed
$65,800 $70,500 8in the
1995-96 1997-98 fiscal year and
$68,100 $73,000 in the
1996-97 1998-99 9fiscal year.
AB100-engrossed,2263,2011
978.13
(1) (c) In counties having a population of 500,000 or more, the salary and
12fringe benefit costs of clerk positions in the district attorney's office necessary for the
13prosecution of violent crime cases primarily involving felony violations under s.
14939.63, if a felony is committed while armed, and under ss. 940.01 to 940.03, 940.05,
15940.06, 940.225, 943.23 (1g), (1m) and (1r) and 943.32 (2). The state treasurer shall
16pay the amount authorized under this paragraph to the county treasurer pursuant
17to a voucher submitted by the district attorney to the secretary of administration
18from the appropriation under s. 20.475 (1) (i). The amount paid under this paragraph
19may not exceed
$82,600 $88,500 in the
1995-96 1997-98 fiscal year and
$85,500 20$91,600 in the
1996-97 1998-99 fiscal year.
AB100-engrossed,2263,2422
980.02
(5) Notwithstanding sub. (4), if the department of justice decides to file
23a petition under sub. (1) (a), it may file the petition in the circuit court for Dane
24County.
AB100-engrossed,2264,13
1980.06
(2) (b) An order for commitment under this section shall specify either
2institutional care
in a secure mental health unit or facility, as provided under s.
3980.065, or other facility or supervised release. In determining whether
4commitment shall be for institutional care
in a secure mental health unit or facility
5or other facility or for supervised release, the court may consider, without limitation
6because of enumeration, the nature and circumstances of the behavior that was the
7basis of the allegation in the petition under s. 980.02 (2) (a), the person's mental
8history and present mental condition, where the person will live, how the person will
9support himself or herself, and what arrangements are available to ensure that the
10person has access to and will participate in necessary treatment. The department
11shall arrange for control, care and treatment of the person in the least restrictive
12manner consistent with the requirements of the person and in accordance with the
13court's commitment order.
AB100-engrossed,2265,1315
980.06
(2) (c) If the court finds that the person is appropriate for supervised
16release, the court shall notify the department. The department and the county
17department under s. 51.42 in the county of residence of the person, as determined
18under s. 980.105, shall prepare a plan that identifies the treatment and services, if
19any, that the person will receive in the community. The plan shall address the
20person's need, if any, for supervision, counseling, medication, community support
21services, residential services, vocational services, and alcohol or other drug abuse
22treatment. The department may contract with a county department, under s. 51.42
23(3) (aw) 1. d., with another public agency or with a private agency to provide the
24treatment and services identified in the plan. The plan shall specify who will be
25responsible for providing the treatment and services identified in the plan. The plan
1shall be presented to the court for its approval within 21 days after the court finding
2that the person is appropriate for supervised release, unless the department, county
3department and person to be released request additional time to develop the plan.
4If the county department of the person's county of residence declines to prepare a
5plan, the department may arrange for another county to prepare the plan if that
6county agrees to prepare the plan and if the person will be living in that county. If
7the department is unable to arrange for another county to prepare a plan, the court
8shall designate a county department to prepare the plan, order the county
9department to prepare the plan and place the person on supervised release in that
10county, except that the court may not so designate the county department in
the a 11county where
the a facility in which the person was
committed placed for
12institutional care is located unless that county is also the person's county of
13residence.
AB100-engrossed,2265,16
15980.065 (title)
Secure mental health unit or facility Institutional care
16for sexually violent persons.
AB100-engrossed, s. 5491L
17Section 5491L. 980.065 (1) (intro.), (a) and (b) of the statutes are consolidated,
18renumbered 980.065 (1m) and amended to read:
AB100-engrossed,2265,2419
980.065
(1m) The department
shall
may place a person committed to
a secure
20mental health unit or facility institutional care under s. 980.06 (2) (b) at
one of the
21following: (a) The a mental health unit or facility, including a secure mental health
22unit or facility at the Wisconsin resource center established under s. 46.056
. (b) A 23or a secure mental health unit or facility provided by the department of corrections
24under sub. (2).
AB100-engrossed,2266,8
1980.065
(2) The department may contract with the department of corrections
2for the provision of a secure mental health unit or facility for persons committed
to
3institutional care under s. 980.06 (2) (b)
to a secure mental health unit or facility.
4The department shall operate a secure mental health unit or facility provided by the
5department of corrections under this subsection and shall promulgate rules
6governing the custody and discipline of persons placed
by the department in the
7secure mental health unit or facility provided by the department of corrections under
8this subsection.
AB100-engrossed,2266,1610
980.08
(1) Any person who is committed
for to institutional care
in a secure
11mental health unit or facility or other facility under s. 980.06 may petition the
12committing court to modify its order by authorizing supervised release if at least 6
13months have elapsed since the initial commitment order was entered, the most
14recent release petition was denied or the most recent order for supervised release was
15revoked. The director of the facility at which the person is placed may file a petition
16under this subsection on the person's behalf at any time.