AB768, s. 661 15Section 661. 809.103 of the statutes is created to read:
AB768,301,17 16809.103 Appeals in proceedings related to prisoners. (1) In this section,
17"prisoner" has the meaning given in s. 801.02 (7) (a) 2.
AB768,301,19 18(2) (a) An appellate court shall review the trial court record as soon as
19practicable after the record is filed with the court if the appeal is taken by a prisoner.
AB768,301,2220 (b) The appellate court may dismiss the appeal without requiring the
21respondent to respond to the appeal if the appellate court determines that the appeal
22meets any of the following conditions:
AB768,301,2323 1. Is frivolous, as determined under s. 814.025 (3).
AB768,301,2524 2. Is used for any improper purpose, such as to harass, to cause unnecessary
25delay or to needlessly increase the cost of litigation.
AB768,302,2
13. Seeks review of a denial of monetary damages from a defendant who is
2immune from such relief.
AB768,302,33 4. There is no ground upon which relief may be granted.
AB768,302,64 (c) If a court dismisses an appeal under par. (b), the appellate court shall notify
5the department of justice of the dismissal by a procedure developed by the director
6of state courts in cooperation with the department of justice.
AB768,302,87 (d) The dismissal of an appeal under par. (b) does not relieve the prisoner from
8paying the full filing fee related to the appeal.
AB768, s. 662 9Section 662. 813.02 (1) (c) of the statutes is created to read:
AB768,302,1310 813.02 (1) (c) If the court determines that a temporary injunction may be
11granted under par. (a) to a prisoner, as defined in s. 801.02 (7) (a) 2., in any action
12or special proceeding with respect to prison or jail conditions, as defined in s. 801.02
13(7) (a) 3., the following apply:
AB768,302,1914 1. The court may not issue the injunction until giving notice and an opportunity
15to be heard on the request for a preliminary injunction to the attorney general, if the
16case involves a prisoner in a state correctional institution, as defined in s. 801.02 (7)
17(a) 1., or to the attorney representing the local correctional institution involved and
18to all other interested parties. Any injunction issued without giving notice and an
19opportunity to be heard is void.
AB768,302,2420 2. Any temporary injunction issued shall meet the requirements in s. 813.40
21(1) (b). When determining what to require in the temporary injunction, the court
22shall give substantial weight to any adverse impact on public safety or on the
23operation of the facility involved in the action or special proceeding caused by the
24temporary injunction.
AB768,303,4
13. Any temporary injunction issued under this paragraph shall expire no later
2than 90 days after the day the temporary injunction is issued unless the court makes
3a finding that the requirements under s. 813.40 (1) (b) are met and makes the order
4final before the expiration of the 90-day period.
AB768, s. 663 5Section 663. 813.40 of the statutes is created to read:
AB768,303,6 6813.40 Injunctive relief in prison condition cases. (1) (a) In this section:
AB768,303,77 1. "Prisoner" has the meaning given in s. 801.02 (7) (a) 2.
AB768,303,88 2. "Prison or jail conditions" has the meaning given in s. 801.02 (7) (a) 3.
AB768,303,119 (b) If a court determines that an injunction may be granted to a prisoner in any
10action or special proceeding with respect to prison or jail conditions, any injunction
11issued shall meet all of the following criteria:
AB768,303,1212 1. Require only what is necessary to correct the harm.
AB768,303,1313 2. Is the least intrusive means necessary to correct that harm.
AB768,303,1614 3. Does not require or permit a government official, employe or agent to exceed
15his or her authority or to violate a state law or local ordinance unless all of the
16following apply:
AB768,303,1717 a. Federal law permits that relief.
AB768,303,1818 b. The relief is necessary to correct the violation of a federal right.
AB768,303,1919 c. No other relief will correct the violation of a federal right.
AB768,303,2420 (c) If an injunction is issued that does not meet the requirements in par. (b), a
21defendant or intervenor is entitled to immediate termination of any prospective
22relief or to a revision of the injunction to meet those requirements. Prospective relief
23need not be terminated if the court makes written findings based on the record that
24the requirements under par. (b) are met.
AB768,304,7
1(d) A court may not enter into or approve a consent decree in an action for
2injunctive relief under this section if that consent decree does not meet the
3requirements in par. (b). This paragraph does not prevent the parties from entering
4into a private settlement agreement that does not comply with the requirements in
5par. (b) if the terms of that settlement agreement are not subject to court enforcement
6other than the dismissal of the action or special proceeding based on the settlement
7agreement.
AB768,304,10 8(2) When determining the extent of any injunction issued under this section,
9the court shall give substantial weight to any adverse impact on public safety or on
10the operation of the criminal justice system caused by the injunction.
AB768,304,21 11(3) Any interested party may, 2 years after the date the court issued an
12injunction under this section, or one year after the court has denied a request under
13this subsection for modification or termination of the injunction, request that the
14court modify or terminate an injunction issued under this section. Any interested
15party may, 2 years after the effective date of this subsection .... [revisor inserts date],
16request that the court modify or terminate an injunction related to prison or jail
17conditions that was issued before the effective date of this subsection .... [revisor
18inserts date]. Any prospective relief issued under this section shall be stayed by the
19filing of a motion for modification or termination of the injunction for the period
20beginning on the 30th day after the motion is filed with the court and ending on the
21day the court enters a final order on the motion.
AB768,304,23 22(4) This section does not prevent the parties from agreeing to terminate or
23modify an injunction issued under this section.
AB768,305,3
1(5) This section does not authorize a court to order the construction of prisons,
2jails or other places of incarceration or to order the raising of taxes and does not
3expand the powers of a court under this chapter.
AB768,305,9 4(6) This section does not authorize the court to issue a prisoner release order.
5Prisoner release orders may only be issued by habeas corpus or as otherwise required
6by the state or federal constitution. In this subsection, "prisoner release order"
7means any order that has the purpose or effect of reducing or limiting the prison or
8jail population, or that directs the release or nonadmission of prisoners to a prison
9or jail.
AB768,305,14 10(7) This section may not be used as a substitute for a petition for a common law
11writ of certiorari to challenge the disposition of a complaint concerning prison or jail
12conditions, to challenge the validity of a probation revocation, parole denial or
13revocation, a mandatory release date or to challenge any issue regarding the fact or
14duration of confinement.
AB768, s. 664 15Section 664. 814.04 (1m) of the statutes is created to read:
AB768,305,2316 814.04 (1m) Attorney fees in prisoner litigation. (a) In any action or special
17proceeding brought by a prisoner, as defined in s. 801.02 (7) (a) 2., in which attorney
18fees are authorized, those fees may not be awarded, except to the extent that the fees
19were directly and reasonably incurred in proving an actual violation of the prisoner's
20rights protected by a statute whose violation includes the awarding of attorney fees
21as one of the possible court orders. The amount of attorney fees awarded shall be
22proportionately related to the relief ordered for the violation or shall be the attorney
23fees directly and reasonably incurred in enforcing the relief ordered for the violation.
AB768,306,524 (b) When a court enters a judgment for a monetary award in an action described
25under par. (a), 25% of the judgment shall be applied to satisfy the amount of the

1attorney fees awarded against the defendant. The defendant shall pay any excess
2attorney fees owing after 25% of the judgment is applied to satisfy those fees in an
3amount not to exceed 125% of the monetary award. No award of attorney fees under
4this subsection may be based on an hourly rate greater than that established for the
5payment of court-appointed counsel.
AB768,306,86 (c) Nothing in this subsection prohibits a prisoner from agreeing to pay attorney
7fees in excess of the amount authorized under this subsection if the excess fee is paid
8by the prisoner.
AB768, s. 665 9Section 665. 814.24 of the statutes is amended to read:
AB768,306,14 10814.24 Action against city, village or town official, cost. Costs, if any, in
11an action against a city, village or town officer in his or her official capacity, except
12an action directly involving the title to the office, and except as provided in s. 814.25,
13shall not be awarded against that officer, but may be awarded against the city, village
14or town.
AB768, s. 666 15Section 666. 814.245 (3) of the statutes is amended to read:
AB768,306,2116 814.245 (3) If Except as provided in s. 814.25, if an individual, a small nonprofit
17corporation or a small business is the prevailing party in any action by a state agency
18or in any proceeding for judicial review under s. 227.485 (6) and submits a motion
19for costs under this section, the court shall award costs to the prevailing party, unless
20the court finds that the state agency was substantially justified in taking its position
21or that special circumstances exist that would make the award unjust.
AB768, s. 667 22Section 667. 814.25 of the statutes is created to read:
AB768,306,23 23814.25 Costs in actions by prisoners. (1) In this section:
AB768,306,2424 (a) "Prisoner" has the meaning given in s. 801.02 (7) (a) 2.
AB768,306,2525 (b) "Prison or jail conditions" has the meaning given in s. 801.02 (7) (a) 3.
AB768,307,3
1(2) If a prisoner brings an action or special proceeding related to prison or jail
2conditions, no costs may be allowed against the state, a state agency or a county, city,
3village or town, or against any individual defendant when sued in an official capacity.
AB768,307,9 4(3) If the prevailing party is the state, a state agency or a county, city, village
5or town or an individual in any action or special proceeding commenced by a prisoner
6related to prison or jail conditions, the prisoner shall pay the full fees and costs
7allowed under this chapter. The prisoner shall be required to pay the fees and costs
8out of any trust fund accounts that he or she holds in the same manner as payment
9is required for court fees under s. 814.29 (1m) (e).
AB768, s. 668 10Section 668. 814.29 (1) (a) of the statutes is amended to read:
AB768,307,1611 814.29 (1) (a) Any Except as provided in sub. (1m), any person may commence,
12prosecute or defend any action or special proceeding in any court, or any writ of error
13or appeal therein, without being required to give security for costs or to pay any
14service or fee, upon order of the court based on a finding that because of poverty the
15person is unable to pay the costs of the action or special proceeding, or any writ of
16error or appeal therein, or to give security for those costs.
AB768, s. 669 17Section 669. 814.29 (1m) of the statutes is created to read:
AB768,307,2518 814.29 (1m) (a) If a prisoner, as defined in s. 801.02 (7) (a) 2., brings a civil action
19or special proceeding, or a writ of error or appeal of a civil action under this section,
20the prisoner shall pay the full amount of the costs and fees. The court shall assess
21and, when funds exist, collect from the prisoner's trust fund account the amount
22necessary to pay any required costs or fees. If the amount in the prisoner's trust fund
23account is less than the required costs or fees, the court shall order that the current
24balance in the prisoner's trust fund account be paid as an initial partial payment of
25costs and fees.
AB768,308,4
1(b) If a prisoner makes a request for leave to commence or defend an action,
2special proceeding, writ of error or appeal without being required to prepay the fees
3or costs or without being required to give security for costs, the prisoner shall submit
4all of the following:
AB768,308,55 1. The affidavit required under sub. (1) (b).
AB768,308,106 2. An affidavit stating that the prisoner has paid all of the fees or costs
7previously assessed by a court for bringing an action or special proceeding, in state
8or federal court, that was dismissed on the grounds that the action or special
9proceeding was frivolous, malicious or failed to state a claim upon which relief may
10be granted.
AB768,308,1811 3. A certified copy of the trust fund account statement for the prisoner for the
126-month period immediately preceding the filing of the request for leave to
13commence or defend an action, special proceeding, writ of error or appeal, or for the
14period that the prisoner was incarcerated, imprisoned or detained, if that period is
15less than 6 months. The trust fund account statement must be obtained from the
16appropriate official at each facility in which the prisoner is or was incarcerated,
17imprisoned, confined or detained. In this subdivision, "trust fund account
18statement" includes accounts accessible to the prisoner before or upon release.
AB768,308,2219 (c) The court may issue an order permitting the prisoner to commence or defend
20an action, special proceeding, writ of error or appeal without the prepayment of fees
21or costs or without being required to give security for costs if all of the following
22conditions are met:
AB768,308,2523 1. The court determines that the prisoner does not have assets or other means
24by which to pay the fees or costs or to give security for the costs after reviewing the
25information provided under par. (b).
AB768,309,4
12. The prisoner has paid all of the fees or costs previously assessed by a state
2or federal court for bringing an action or special proceeding that was dismissed on
3the grounds that the action or special proceeding was frivolous, malicious or failed
4to state a claim upon which relief may be granted.
AB768,309,65 3. The court orders that the fees or costs not paid are a debt owed the court by
6the prisoner.
AB768,309,97 4. The prisoner authorizes in writing the agency having custody of the
8prisoner's prison trust fund account to forward payments from the prisoner's account
9to the clerk of court until the fees or costs are paid in full.
AB768,309,1510 (d) If the court determines that the prisoner who made the affidavit does have
11assets in an account, whether accessible to the prisoner only upon release or before
12release, to pay part of the filing fees or costs, the court shall order the prisoner to pay
13an initial filing fee before being allowed to commence or defend an action, special
14proceeding, writ of error or appeal. The initial filing fee shall be the current balance
15of the prisoner's trust fund account or the required filing fee, whichever is less.
AB768,309,2216 (e) The agency having custody of the prisoner shall freeze the prisoner's trust
17fund account until the deposits in that account are sufficient to pay the balance owed
18for the costs and fees. When the deposits in that account are sufficient to pay the
19balance owed for the court costs and fees, the agency shall forward that amount to
20the court. This paragraph does not prohibit the payment from the prisoner's trust
21account of court-ordered payments for child or family support, restitution or federal
22court fees or for the payments of debts owed the department of corrections.
AB768,310,223 (f) If the court believes that a prisoner is in imminent danger of serious physical
24harm, the court shall issue an order permitting the prisoner to commence or defend

1an action, special proceeding, writ of error or appeal without being required to submit
2the statement under par. (b) or prepaying the initial filing fee under par. (d).
AB768,310,63 (g) Except as provided under par. (f), if a prisoner files an action, special
4proceeding, writ of error or appeal under this subsection without complying with the
5requirements under pars. (b) and (d), the court shall dismiss the action, special
6proceeding, writ of error or appeal without prejudice.
AB768,310,107 (h) The custodian of the trust fund account of a prisoner shall provide the
8prisoner with the certified copy of the trust fund account statement required under
9par. (b) if the custodian determines that the prisoner requires that copy for submittal
10to a court under this subsection.
AB768,310,1711 (i) Except as provided in par. (f), the court shall deny a prisoner's request for
12leave to commence any action or special proceeding under this subsection, including
13a petition for a common law writ of certiorari, if that prisoner has, on 2 or more
14occasions, while he or she was incarcerated, imprisoned, confined or detained in a jail
15or prison, brought an appeal, writ of error, action or special proceeding under this
16section, including a petition for a common law writ of certiorari, that was dismissed
17by a state or federal court for any of the reasons listed in s. 802.05 (3) (b) 1. to 4.
AB768,310,2018 (j) The court shall dismiss any action for which costs and fees are unpaid and
19for which any released prisoner fails to make arrangements for payment within 30
20days after the prisoner's release.
AB768,311,621 (k) A prisoner may appeal the court's determination of lack of indigency under
22this section without being required to pay the initial filing fee. If the court's
23determination is upheld on appeal, the prisoner shall be liable for the initial filing
24fee and for the fee for filing the appeal if he or she proceeds with the action. If a
25prisoner who is required to pay costs and fees under this paragraph files an action

1or special proceeding, or a writ of error or appeal of a civil action, including a petition
2for a common law writ of certiorari, without the prepayment of costs and fees, the
3court shall return the papers to the prisoner unfiled. The prisoner may not file any
4other action or special proceeding, or a writ of error or appeal of a civil action,
5including a petition for a common law writ of certiorari, in the state courts until any
6outstanding debt owed to the court is paid.
AB768, s. 670 7Section 670. 814.29 (3) (b) of the statutes is amended to read:
AB768,311,178 814.29 (3) (b) If the affiant is a prisoner, as defined in s. 46.011 (2) 801.02 (7)
9(a) 2.
, or a person confined in a federal correctional institution located in this state,
10a request for leave to commence or defend an action, special proceeding, writ of error
11or appeal without being required to pay fees or costs or to give security for costs
12constitutes consent as provided in par. (a), and, if the judgment is in favor of the
13opposing party, constitutes consent for the court to order the institution to deduct the
14unpaid fees and costs, including attorney fees listed in par. (a), from the amount in
15the inmate's account at the any time the judgment was rendered account has
16sufficient money to pay the unpaid fees and costs. This paragraph does not prevent
17the collection of the unpaid fees and costs by any other method
.
AB768, s. 671 18Section 671. 859.07 (2) of the statutes is amended to read:
AB768,312,519 859.07 (2) If the decedent was at the time of death or at any time prior thereto
20a patient or inmate of any state or county hospital or institution or any person
21responsible for any obligation owing to the state or county under s. 46.03 (18), 46.10,
2248.36, 301.03 (18), 301.12 or 938.36 or if the decedent or the spouse of the decedent
23ever received medical assistance under subch. IV of ch. 49, long-term community
24support services funded under s. 46.27 (7) or aid under s. 49.68, 49.683 or 49.685, the
25personal representative shall send notice in writing of the date set under s. 859.01

1by registered or certified mail to the department of health and family services or the
2department of corrections, as applicable, and the county clerk of the applicable
3county not less than 30 days before the date set under s. 859.01, upon such blanks
4and containing such information as the applicable department or county clerk may
5provide. The applicable county is the county of residence, as defined in s. 49.001 (6).
AB768, s. 672 6Section 672. 880.33 (2) (a) 3. of the statutes is amended to read:
AB768,312,127 880.33 (2) (a) 3. If the person is an adult who is indigent, the county of legal
8settlement shall be the county liable for any fees due the guardian ad litem and, if
9counsel was not appointed under s. 977.08, for any legal fees due the person's legal
10counsel. If the person is a minor, the person's parents or the county of legal
11settlement shall be liable for any fees due the guardian ad litem as provided in s.
1248.235 (8).
AB768, s. 673 13Section 673. 880.331 (8) of the statutes is amended to read:
AB768,312,2114 880.331 (8) Compensation. On order of the court, the guardian ad litem
15appointed under this chapter shall be allowed reasonable compensation to be paid
16by the county of venue, unless the court otherwise directs or unless the guardian ad
17litem is appointed for a minor, in which case the compensation of the guardian ad
18litem shall be paid by the minor's parents or the county of venue as provided in s.
1948.235 (8)
. If the court orders a county to pay the compensation of the guardian ad
20litem, the amount ordered may not exceed the compensation paid to private
21attorneys under s. 977.08 (4m) (b).
AB768, s. 674 22Section 674. 893.16 (1) of the statutes is amended to read:
AB768,313,323 893.16 (1) If a person entitled to bring an action is, at the time the cause of
24action accrues, either under the age of 18 years, except for actions against health care
25providers; or insane, or imprisoned on a criminal charge mentally ill, the action may

1be commenced within 2 years after the disability ceases, except that where the
2disability is due to insanity or imprisonment mental illness, the period of limitation
3prescribed in this chapter may not be extended for more than 5 years.
AB768, s. 675 4Section 675. 893.735 of the statutes is created to read:
AB768,313,6 5893.735 Action by prisoner contesting a governmental decision. (1) In
6this section, "prisoner" has the meaning given in s. 801.02 (7) (a) 2.
AB768,313,13 7(2) An action or special proceeding, including a petition for a common law writ
8of certiorari, made on behalf of a prisoner is barred unless commenced within 30 days
9after the cause of action accrues if that action or special proceeding concerns a
10decision or disposition under s. 801.02 (7) (b). The 30-day period shall begin on the
11date of the decision or disposition, except that the court may extend the period by as
12many days as the prisoner proves have elapsed between the decision or disposition
13and the prisoner's actual notice of the decision or disposition.
AB768,313,16 14(3) In this section, a petition for a common law writ of certiorari is commenced
15at the time the prisoner files a petition for a common law writ of certiorari with a
16court.
AB768, s. 676 17Section 676. 893.82 (3) of the statutes is amended to read:
AB768,314,518 893.82 (3) Except as provided in sub. (5m), no civil action or civil proceeding
19may be brought against any state officer, employe or agent for or on account of any
20act growing out of or committed in the course of the discharge of the officer's,
21employe's or agent's duties, and no civil action or civil proceeding may be brought
22against any nonprofit corporation operating a museum under a lease agreement with
23the state historical society, unless within 120 days of the event causing the injury,
24damage or death giving rise to the civil action or civil proceeding, the claimant in the
25action or proceeding serves upon the attorney general written notice of a claim

1stating the time, date, location and the circumstances of the event giving rise to the
2claim for the injury, damage or death and the names of persons involved, including
3the name of the state officer, employe or agent involved. A Except as provided under
4sub. (3m), a
specific denial by the attorney general is not a condition precedent to
5bringing the civil action or civil proceeding.
AB768, s. 677 6Section 677. 893.82 (3m) of the statutes is created to read:
AB768,314,107 893.82 (3m) If the claimant is a prisoner, as defined in s. 801.02 (7) (a) 2., the
8prisoner may not commence the civil action or proceeding until the attorney general
9denies the claim or until 120 days after the written notice under sub. (3) is served
10upon the attorney general, whichever is earlier.
AB768, s. 678 11Section 678. 895.45 of the statutes is created to read:
AB768,314,16 12895.45 Exemption from civil liability; attorney general opinion. Any
13legal entity included within the provisions of s. 893.80 and any officer, employe or
14agent included within the provisions of s. 893.80, 893.82 or 895.46 is immune from
15civil liability for damages for his or her acts or omissions committed in reasonable
16reliance upon a written opinion of the attorney general.
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