SB44: Bill Text

SB44, s. 2772 Section 2772. 973.20 (9) (b) of the statutes is amended to read:

SB44,1041,4 973.20 (9) (b) When a court orders a defendant to pay restitution is ordered under this section, the court shall inquire to see if an award has been made under ch. 949 and if the department of justice is subrogated to the cause of action under s. 949.15. If the restitution defendant is ordered to pay restitution in an amount that is less than or equal to the award under ch. 949, the defendant shall pay the restitution shall be paid only to the general fund department of justice and the restitution payments shall be credited to the appropriation account under s. 20.455 (5) (hm). If the restitution defendant is ordered to pay restitution in an amount that is greater than the award under ch. 949, the general fund shall receive defendant shall pay the department of justice an amount equal to the award under ch. 949, which amount shall be credited to the appropriation account under s. 20.455 (5) (hm), and the defendant shall pay the balance shall be paid to the victim.

SB44, s. 2773 Section 2773. 973.30 (1) (c) of the statutes is amended to read:

SB44,1041,10 973.30 (1) (c) Adopt and, as necessary, update advisory sentencing guidelines for felonies committed on or after July 30, 2002, to promote public safety in a cost-effective manner, to reflect changes promote consistency in sentencing practices, and to preserve the integrity of the criminal justice and correctional systems.

SB44, s. 2774 Section 2774. 973.30 (1) (cm) of the statutes is created to read:

SB44,1041,13 973.30 (1) (cm) Develop advisory guidelines regarding the appropriate use of alternatives to incarceration.

SB44, s. 2775 Section 2775. 973.31 of the statutes is created to read:

SB44,1041,16 973.31 Mandatory sentencing guidelines. (1) In this section, "commission" means the sentencing commission.

SB44,1041,23 (2) If the commission determines in the report required under 2003 Wisconsin Act .... (this act), section 9110 (1 ) that temporary sentencing guidelines adopted by the criminal penalties study committee created under 1997 Wisconsin Act 283 are not adequately promoting the objectives listed in s. 973.30 (1) (c), the commission shall adopt mandatory guidelines for sentencing decisions, as defined in s. 973.017 (1), for felonies and misdemeanors for which a court may impose a bifurcated sentence.

SB44,1042,4 (3) When adopting a mandatory sentencing guideline for a crime, the commission, subject to sub. (4), shall assign suggested ranges of punishment to promote the objectives listed in s. 973.30 (1) (c). The ranges of punishment shall be based upon the combination of offense and defendant characteristics in each case. The commission may also include any of the following as part of a mandatory sentencing guideline:

SB44,1042,5 (a) Conditions of extended supervision or probation to be imposed.

SB44,1042,8 (b) The length of a term of imprisonment to be imposed if, after the court withholds a sentence and places a defendant on probation, the court revokes probation.

SB44,1042,10 (c) Whether penalties should be imposed concurrently or consecutively if the defendant is convicted of more than one crime.

SB44,1042,13 (4) The commission may not adopt a mandatory sentencing guideline for a crime that calls for a range of punishment that conflicts with any provision of the statutes relating to penalties for that crime.

SB44,1042,21 (5) In general, in developing mandatory sentencing guidelines, the commission shall begin with crimes that result in the greatest number of bifurcated sentences being imposed. In general, the commission shall develop mandatory sentencing guidelines for Class G to I felonies, unclassified felonies, and misdemeanors for which a court may impose a bifurcated sentence before developing them for Class B to F felonies. Beginning with the crimes that are committed most frequently, the commission shall develop mandatory sentencing guidelines for crimes based on the frequency with which they are committed.

SB44, s. 2776 Section 2776. 977.01 of the statutes is renumbered 977.01 (intro.) and amended to read:

SB44,1042,25 977.01 Definitions. (intro.) In this chapter, unless the context requires otherwise, "board":

SB44,1043,1 (1) "Board" means the public defender board.

SB44, s. 2777 Section 2777. 977.01 (2) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

SB44,1043,8 977.01 (2) "Public assistance" means relief provided by counties under s. 59.53 (21), Wisconsin works under ss. 49.141 to 49.161, medical assistance under subch. IV of ch. 49, low-income energy assistance under s. 16.385 16.27, weatherization assistance under s. 16.39 16.26, and the food stamp program under 7 USC 2011 to 2029.

SB44, s. 2778 Section 2778. 977.06 (1) (a) of the statutes is amended to read:

SB44,1043,14 977.06 (1) (a) Verify the information necessary to determine indigency under s. 977.07 (2). The information provided by a person seeking assigned counsel that is subject to verification shall include any social security numbers provided on an application under sub. (1m), income records, value of assets, eligibility for public assistance, as defined in s. 106.215 (1) (fm), and claims of expenses.

SB44, s. 2779 Section 2779. 978.001 (1c) of the statutes is created to read:

SB44,1043,18 978.001 (1c) "Assignable prosecutor" means an attorney employed by the state prosecutors board whom the board may assign to a prosecutorial unit under s. 978.14 (1) (d).

SB44, s. 2780 Section 2780. 978.03 (1) of the statutes is amended to read:

SB44,1044,6 978.03 (1) The district attorney of any prosecutorial unit having a population of 500,000 or more may appoint 5 deputy district attorneys and such assistant district attorneys as may be requested by the department of administration and authorized in accordance with s. 16.505. The district attorney shall rank the deputy district attorneys for purposes of carrying out duties under this section. The deputies, according to rank, may perform any duty of the district attorney who appointed him or her, under the district attorney's direction, or any duty of the district attorney to whose prosecutorial unit he or she is assigned by the state prosecutors board under s. 978.14 (1) (c). In the absence or disability of the district attorney, the deputies, according to rank, may perform any act required by law to be performed by the district attorney. Any such deputy must have practiced law in this state for at least 2 years prior to appointment under this section.

SB44, s. 2781 Section 2781. 978.03 (1m) of the statutes is amended to read:

SB44,1044,20 978.03 (1m) The district attorney of any prosecutorial unit having a population of 200,000 or more but not more than 499,999 may appoint 3 deputy district attorneys and such assistant district attorneys as may be requested by the department of administration and authorized in accordance with s. 16.505. The district attorney shall rank the deputy district attorneys for purposes of carrying out duties under this section. The deputies, according to rank, may perform any duty of the district attorney who appointed him or her, under the district attorney's direction, or any duty of the district attorney to whose prosecutorial unit he or she is assigned by the state prosecutors board under s. 978.14 (1) (c). In the absence or disability of the district attorney, the deputies, according to rank, may perform any act required by law to be performed by the district attorney. Any such deputy must have practiced law in this state for at least 2 years prior to appointment under this section.

SB44, s. 2782 Section 2782. 978.03 (2) of the statutes is amended to read:

SB44,1045,7 978.03 (2) The district attorney of any prosecutorial unit having a population of 100,000 or more but not more than 199,999 may appoint one deputy district attorney and such assistant district attorneys as may be requested by the department of administration and authorized in accordance with s. 16.505. The deputy may perform any duty of the district attorney who appointed him or her, under the district attorney's direction, or any duty of the district attorney to whose prosecutorial unit he or she is assigned by the state prosecutors board under s. 978.14 (1) (c). In the absence or disability of the district attorney, the deputy may perform any act required by law to be performed by the district attorney. The deputy must have practiced law in this state for at least 2 years prior to appointment under this section.

SB44, s. 2783 Section 2783. 978.03 (3) of the statutes is amended to read:

SB44,1045,16 978.03 (3) Any assistant district attorney under sub. (1), (1m) or (2) must be an attorney admitted to practice law in this state and, except as provided in ss. 978.043 and 978.044, may exercise any power of, or perform any duty required by law to be performed by, the district attorney. The appointing him or her or a district attorney to whose prosecutorial unit he or she is assigned by the state prosecutors board under s. 978.14 (1) (c). In consultation with the state prosecutors board, the district attorney of the prosecutorial unit under sub. (1), (1m), or (2) may appoint such temporary counsel as may be authorized by the department of administration.

SB44, s. 2784 Section 2784. 978.04 of the statutes is amended to read:

SB44,1046,2 978.04 Assistants in certain prosecutorial units. The district attorney of any prosecutorial unit having a population of less than 100,000 may appoint one or more assistant district attorneys as necessary to carry out the duties of his or her office and as may be requested by the department of administration authorized in accordance with s. 16.505. Any such assistant district attorney must be an attorney admitted to practice law in this state and, except as provided in s. 978.043, may exercise any power of, or perform any duty required by law to be performed by, the district attorney appointing him or her or a district attorney to whose prosecutorial unit he or she is assigned by the state prosecutors board under s. 978.14 (1) (c).

SB44, s. 2785 Section 2785. 978.043 of the statutes is amended to read:

SB44,1046,15 978.043 Assistants for prosecution of sexually violent person commitment cases. The district attorney of the prosecutorial unit that consists of Brown County and the district attorney of the prosecutorial unit that consists of Milwaukee County shall each assign one assistant district attorney in his or her prosecutorial unit to be a sexually violent person commitment prosecutor. An assistant district attorney assigned under this section to be a sexually violent person commitment prosecutor may engage only in the prosecution of sexually violent person commitment proceedings under ch. 980 and, at the request of the district attorney of the prosecutorial unit as permitted or required under rules adopted by the state prosecutors board under s. 978.14 (1) (c), may file and prosecute sexually violent person commitment proceedings under ch. 980 in any prosecutorial unit in this state.

SB44, s. 2786 Section 2786. 978.044 (2) (b) of the statutes is amended to read:

SB44,1046,20 978.044 (2) (b) Provide assistance to the district attorney in other counties relating to the establishment of restorative justice programs, as described in par. (a) as permitted or required under rules adopted by the state prosecutors board under s. 978.14 (1) (c).

SB44, s. 2787 Section 2787. 978.045 (1g) of the statutes is amended to read:

SB44,1047,2 978.045 (1g) A court on its own motion may appoint a special prosecutor under sub. (1r) or a district attorney may request a court to appoint a special prosecutor under that subsection. Before a court appoints a special prosecutor on its own motion or at the request of a district attorney for an appointment that exceeds 6 hours per case, the court or, subject to any applicable rule issued under s. 978.14 (1) (c), the district attorney shall request do all of the following:

SB44,1047,7 1. Request assistance from a district attorney, deputy district attorney, or assistant district attorney from other prosecutorial units or an assistant attorney general. A district attorney requesting the appointment of a special prosecutor, or a court if the court is appointing a special prosecutor on its own motion, shall notify the department of administration

SB44,1047,11 2. Notify the state prosecutors board, on a form provided by the department board, of the district attorney's or the court's inability basis for the proposed appointment and the efforts to obtain assistance from another prosecutorial unit or from an assistant attorney general.

SB44, s. 2788 Section 2788. 978.046 of the statutes is created to read:

SB44,1047,15 978.046 Assignable prosecutors. An assignable prosecutor who has been assigned to a prosecutorial unit may exercise any power of, or perform any duty required by law to be performed by, the district attorney of the prosecutorial unit.

SB44, s. 2789 Section 2789. 978.05 (1) of the statutes is amended to read:

SB44,1047,22 978.05 (1) Criminal actions. Except as otherwise provided by law, prosecute all criminal actions before any court within his or her prosecutorial unit. In determining whether to prosecute a case, the district attorney shall consider the guidelines adopted by the state prosecutors board under s. 978.14 (1) (b). The district attorney, however, is not bound by those guidelines, and there is no right to appeal based on a prosecutor's decision to depart in any way from any guideline.

SB44, s. 2790 Section 2790. 978.05 (8) (b) of the statutes is amended to read:

SB44,1048,10 978.05 (8) (b) Hire, employ, and supervise his or her staff and assignable prosecutors assigned to his or her prosecutorial unit under s. 978.14 (1) (d) and, subject to ss. 978.043 and 978.044, make appropriate assignments of the staff and assignable prosecutors throughout the prosecutorial unit. The district attorney may request the assistance of district attorneys, deputy district attorneys, or assistant district attorneys from other prosecutorial units, subject to any rules promulgated under s. 978.14 (1) (c), or assistant attorneys general, who then may appear and assist in the investigation and prosecution of any matter for which a district attorney is responsible under this chapter in like manner as assistants in the prosecutorial unit and with the same authority as the district attorney in the unit in which the action is brought. Nothing in this paragraph limits the authority of counties to regulate the hiring, employment, and supervision of county employees.

SB44, s. 2791 Section 2791. 978.06 (1) of the statutes is amended to read:

SB44,1048,15 978.06 (1) No district attorney, deputy district attorney or, assistant district attorney, or assignable prosecutor may receive any fee or reward from or on behalf of any prosecutor or any other individual for services in any prosecution or business to which it is the district attorney's official duty to attend.

SB44, s. 2792 Section 2792. 978.06 (2) of the statutes is amended to read:

SB44,1048,21 978.06 (2) No district attorney, deputy district attorney or, assistant district attorney, or assignable prosecutor may be concerned as attorney or counsel for either party, other than for the state or county, in any civil action depending upon the same state of facts upon which any criminal prosecution commenced but undetermined depends.

SB44, s. 2793 Section 2793. 978.06 (3) (a) of the statutes is amended to read:

SB44,1049,5 978.06 (3) (a) No district attorney, deputy district attorney or, assistant district attorney, or assignable prosecutor while in office may hold any judicial office. No assignable prosecutor and no full-time district attorney, deputy district attorney, or assistant district attorney may hold the office of or act as corporation counsel or city, village, or town attorney. A part-time district attorney, deputy district attorney, or assistant district attorney may hold the office of or act as corporation counsel or city, village, or town attorney or otherwise serve as legal counsel to any governmental unit.

SB44, s. 2794 Section 2794. 978.06 (4) of the statutes is amended to read:

SB44,1049,11 978.06 (4) No person who acted as district attorney, deputy district attorney or, assistant district attorney, or assignable prosecutor, or special prosecutor under s. 978.045, for a county at the time of an arrest, examination, or indictment of any person charged with a crime in that county may thereafter appear for, or defend that person against the crime charged in the complaint, information, or indictment.

SB44, s. 2795 Section 2795. 978.06 (5) (a) of the statutes is amended to read:

SB44,1049,19 978.06 (5) (a) No full-time district attorney, deputy district attorney, or assistant district attorney may engage in a private practice of law, but he or she is authorized to complete all civil cases, not in conflict with the interest of the county or counties of his or her prosecutorial unit, in which he or she is counsel, pending in court before he or she takes office. No assignable prosecutor may engage in a private practice of law. A part-time district attorney, deputy district attorney, or assistant district attorney may engage in a private practice of law.

SB44, s. 2796 Section 2796. 978.12 (title) of the statutes is amended to read:

SB44,1049,22 978.12 (title) Salaries Prosecutor salaries and benefits of district attorney and state employees in office of district attorney.

SB44, s. 2797 Section 2797. 978.12 (1) (c) of the statutes is amended to read:

SB44,1050,8 978.12 (1) (c) Assistant district attorneys and assignable prosecutors. Assistant district attorneys and assignable prosecutors shall be employed outside the classified service. For purposes of salary administration, the secretary of employment relations shall establish one or more classifications for assistant district attorneys and assignable prosecutors in accordance with the classification or classifications allocated to assistant attorneys general. Except as provided in s. 111.93 (3), the salaries of assistant district attorneys and assignable prosecutors shall be established and adjusted in accordance with the state compensation plan for assistant attorneys general whose positions are allocated to the classification or classifications established by the secretary of employment relations.

SB44, s. 2798 Section 2798 . 978.12 (1) (c) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

SB44,1050,21 978.12 (1) (c) Assistant district attorneys and assignable prosecutors. Assistant district attorneys and assignable prosecutors shall be employed outside the classified service. For purposes of salary administration, the secretary of employment relations administration shall establish one or more classifications for assistant district attorneys and assignable prosecutors in accordance with the classification or classifications allocated to assistant attorneys general. Except as provided in s. 111.93 (3), the salaries of assistant district attorneys and assignable prosecutors shall be established and adjusted in accordance with the state compensation plan for assistant attorneys general whose positions are allocated to the classification or classifications established by the secretary of employment relations administration.

SB44, s. 2799 Section 2799. 978.12 (4) of the statutes is amended to read:

SB44,1051,3 978.12 (4) Annual leave. Annual leave for the district attorney is governed by s. 230.35 (1r). Annual leave for other state employees of the office of district attorney shall be accrued at the rate provided in s. 230.35 using the employee's state service computed under sub. (2). Annual leave shall be earned on a calendar year basis prorated from the effective date of the employee's transfer for the balance of the calendar year. This subsection does not apply to assignable prosecutors.

SB44, s. 2800 Section 2800. 978.12 (5) (c) 1. of the statutes is amended to read:

SB44,1051,11 978.12 (5) (c) 1. The salaries authorized under this section for the district attorney and the state employees of the office of district attorney shall be paid by the state treasurer secretary of administration to the county treasurer pursuant to a voucher submitted by the district attorney to the department of administration. The county treasurer shall pay the amounts directly to the district attorney and state employees of the office of district attorney and the amounts paid shall be subject to the retirement system established under chapter 201, laws of 1937.

SB44, s. 2801 Section 2801. 978.12 (5) (d) of the statutes is created to read:

SB44,1051,14 978.12 (5) (d) Applicability. This subsection does not apply to assignable prosecutors.

SB44, s. 2802 Section 2802. 978.13 (1) (b) of the statutes, as affected by 2001 Wisconsin Act 109, is amended to read:

SB44,1051,23 978.13 (1) (b) In counties having a population of 500,000 or more, the salary and fringe benefit costs of 2 clerk positions providing clerical services to the prosecutors in the district attorney's office handling cases involving felony violations under ch. 961. The state treasurer secretary of administration shall pay the amount authorized under this subsection to the county treasurer pursuant to a voucher submitted by the district attorney to the department of administration from the appropriation under s. 20.475 (1) (i).

SB44, s. 2803 Section 2803. 978.13 (1) (c) of the statutes, as affected by 2001 Wisconsin Act 109, is amended to read:

SB44,1052,8 978.13 (1) (c) In counties having a population of 500,000 or more, the salary and fringe benefit costs of clerk positions in the district attorney's office necessary for the prosecution of violent crime cases primarily involving felony violations under s. 939.63, if a felony is committed while armed, and under ss. 940.01 to 940.03, 940.05, 940.06, 940.225, 943.23 (1g), and 943.32 (2). The state treasurer secretary of administration shall pay the amount authorized under this subsection to the county treasurer pursuant to a voucher submitted by the district attorney to the secretary of administration from the appropriation under s. 20.475 (1) (i).

SB44, s. 2804 Section 2804. 978.13 (1) (d) of the statutes, as affected by 2001 Wisconsin Act 109, is amended to read:

SB44,1052,17 978.13 (1) (d) In counties having a population of 500,000 or more, the salary and fringe benefit costs of 2 clerk positions providing clerical services to the prosecutors in the district attorney's office handling cases involving the unlawful possession or use of firearms. The state treasurer secretary of administration shall pay the amount authorized under this subsection to the county treasurer from the appropriation under s. 20.475 (1) (f) pursuant to a voucher submitted by the district attorney to the department of administration.

SB44, s. 2805 Section 2805. 978.14 of the statutes is created to read:

SB44,1052,20 978.14 State prosecutors board. (1) The state prosecutors board shall do all of the following:

SB44,1052,23 (b) Adopt advisory guidelines or standards for district attorneys to use in determining when criminal cases should be prosecuted or diverted to nonprosecutorial programs.

SB44,1053,3 (c) Promulgate and administer rules regarding the temporary assignment of district attorneys and deputy and assistant district attorneys from one prosecutorial unit to another.

SB44,1053,5 (d) Hire and assign assignable prosecutors to prosecutorial units as and for as long as it sees fit.

SB44,1053,8 (e) Supervise the office within the department of administration that is responsible for providing personnel, budget, and other types of management assistance to district attorney offices.

SB44,1053,10 (2) Subject to authorization under s. 16.505, the state prosecutors board may hire staff to assist it in the performance of its duties.

SB44, s. 2806 Section 2806 . 1997 Wisconsin Act 4, section 4 (1) (title) is repealed.

SB44, s. 2807 Section 2807 . 1997 Wisconsin Act 4, section 4 (1) (a), as last affected by 2001 Wisconsin Act 16, section 4035, is renumbered 301.16 (1u) of the statutes and amended to read:

SB44,1053,22 301.16 (1u) Notwithstanding 1995 Wisconsin Act 27, section 9126 (23) and (26v), the department of corrections may, from July 1, 1997, until July 1, 2003, shall operate the secured correctional facility, as defined in s. 938.02 (15m) of the statutes, authorized under 1995 Wisconsin Act 27, section 9126 (26v), as a state prison named in section 302.01 of the statutes, as affected by this act, for the placement of prisoners, as defined in section 301.01 (2) of the statutes, who are not more than 21 years of age and who are not violent offenders, as determined by the department of corrections.

SB44, s. 2808 Section 2808 . 1997 Wisconsin Act 4, section 4 (1) (b) is repealed.