SB44, s. 2757
20Section
2757. 973.017 (2r) of the statutes is created to read:
SB44,1037,221
973.017
(2r) Use of mandatory guidelines. If the sentencing commission has
22adopted mandatory sentencing guidelines for a crime under s. 973.31, the court,
23when making a sentencing decision concerning a person convicted of that crime,
24shall impose a sentence of the kind and within the range described in the applicable
25sentencing guideline unless the court finds that there is an aggravating or mitigating
1factor that warrants the imposition of a different kind of sentence or a sentence
2outside of the range described in the guideline.
SB44,1037,135
973.017
(10) Use of advisory guidelines; no right to or basis for appeal. The
6requirement under sub.
(2) (a) (2g) that a court consider sentencing guidelines
7adopted by the sentencing commission or the criminal penalties study committee
8does not require a court to make a sentencing decision that is within any range or
9consistent with a recommendation specified in the guidelines, and there is no right
10to appeal a court's sentencing decision based on the court's decision to depart in any
11way from any guideline.
This subsection does not apply to a sentencing decision that
12is made in connection with a crime for which the sentencing commission has adopted
13mandatory sentencing guidelines under s. 973.31.
SB44, s. 2759
14Section
2759. 973.045 (2) of the statutes is amended to read:
SB44,1037,1815
973.045
(2) After the clerk determines the amount due, the clerk of court shall
16collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The
17county treasurer shall then make payment to the
state treasurer secretary of
18administration under s. 59.25 (3) (f) 2.
SB44, s. 2760
19Section
2760. 973.045 (3) (a) (intro.) of the statutes is amended to read:
SB44,1037,2420
973.045
(3) (a) (intro.) The clerk shall record the crime victim and witness
21surcharge in 2 parts. Part A is the portion that the
state treasurer secretary of
22administration shall credit to the appropriation account under s. 20.455 (5) (g) and
23part B is the portion that the
state treasurer secretary of administration shall credit
24to the appropriation account under s. 20.455 (5) (gc), as follows:
SB44, s. 2761
25Section
2761. 973.045 (4) of the statutes is amended to read:
SB44,1038,5
1973.045
(4) If an inmate in a state prison or a person sentenced to a state prison
2has not paid the crime victim and witness assistance surcharge under this section,
3the department shall assess and collect the amount owed from the inmate's wages
4or other moneys. Any amount collected shall be transmitted to the
state treasurer 5secretary of administration.
SB44, s. 2762
6Section
2762. 973.046 (2) of the statutes is amended to read:
SB44,1038,107
973.046
(2) After the clerk of court determines the amount due, the clerk shall
8collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The
9county treasurer shall then make payment to the
state treasurer secretary of
10administration under s. 59.25 (3) (f) 2.
SB44, s. 2763
11Section
2763. 973.046 (3) of the statutes is amended to read:
SB44,1038,1412
973.046
(3) All moneys collected from deoxyribonucleic acid analysis
13surcharges shall be deposited by the
state treasurer
secretary of administration as
14specified in s. 20.455 (2) (Lm) and utilized under s. 165.77.
SB44, s. 2764
15Section
2764. 973.046 (4) of the statutes is amended to read:
SB44,1038,2016
973.046
(4) If an inmate in a state prison or a person sentenced to a state prison
17has not paid the deoxyribonucleic acid analysis surcharge under this section, the
18department shall assess and collect the amount owed from the inmate's wages or
19other moneys. Any amount collected shall be transmitted to the
state treasurer 20secretary of administration.
SB44, s. 2765
21Section
2765. 973.055 (2) (a) of the statutes is amended to read:
SB44,1039,222
973.055
(2) (a) If the assessment is imposed by a court of record, after the court
23determines the amount due, the clerk of the court shall collect and transmit the
24amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer
1shall then make payment to the
state treasurer secretary of administration as
2provided in s. 59.25 (3) (f) 2.
SB44, s. 2766
3Section
2766. 973.055 (2) (b) of the statutes is amended to read:
SB44,1039,84
973.055
(2) (b) If the assessment is imposed by a municipal court, after a
5determination by the court of the amount due, the court shall collect and transmit
6the amount to the treasurer of the county, city, town, or village, and that treasurer
7shall make payment to the
state treasurer secretary of administration as provided
8in s. 66.0114 (1) (bm).
SB44, s. 2767
9Section
2767. 973.055 (3) of the statutes is amended to read:
SB44,1039,1210
973.055
(3) All moneys collected from domestic abuse assessments shall be
11deposited by the
state treasurer secretary of administration in s. 20.435 (3) (hh) and
12utilized in accordance with s. 46.95.
SB44, s. 2768
13Section
2768. 973.09 (3) (bm) 1. of the statutes is amended to read:
SB44,1039,1714
973.09
(3) (bm) 1. At least 90 days before the expiration date of a probationer's
15period of probation, the department may notify the sentencing court and the district
16attorney that a probationer owes unpaid fees to the department under s.
304.073 or 17304.074.
SB44, s. 2769
18Section
2769. 973.09 (3) (bm) 3. of the statutes is amended to read:
SB44,1039,2419
973.09
(3) (bm) 3. At a probation review hearing under subd. 2., the department
20has the burden of proving that the probationer owes unpaid fees under s.
304.073 or 21304.074 and the amount of the unpaid fees. If the department proves by a
22preponderance of the evidence that the probationer owes unpaid fees under s.
23304.073 or 304.074, the court may, by order, extend the period of probation for a
24stated period or modify the terms and conditions of probation.
SB44, s. 2770
25Section
2770. 973.09 (3) (c) 1. of the statutes is amended to read:
SB44,1040,2
1973.09
(3) (c) 1. The probationer has not made a good faith effort to discharge
2court-ordered payment obligations or to pay fees owed under s.
304.073 or 304.074.
SB44, s. 2771
3Section
2771. 973.11 (1) (intro.) of the statutes is amended to read:
SB44,1040,164
973.11
(1) Placements. (intro.) If a person is convicted of or pleads guilty or
5no contest to one or more misdemeanors for which mandatory periods of
6imprisonment are not required, if the chief judge of the judicial administrative
7district has approved a volunteers in probation program established in the
8applicable county, and if the court decides that volunteer supervision under the
9program will likely benefit the person and the community and subject to the
10limitations under sub. (3), the court may withhold sentence or judgment of conviction
11and order that the person be placed with that volunteers in probation program.
A
12person's participation in the program may not be used to conceal, withhold, or mask
13information regarding the judgment of conviction if the conviction is required to be
14included in a record kept under s. 343.23 (2) (a). Except as provided in sub. (3), the
15order shall provide any conditions that the court determines are reasonable and
16appropriate and may include, but need not be limited to, one or more of the following:
SB44, s. 2772
17Section
2772. 973.20 (9) (b) of the statutes is amended to read:
SB44,1041,418
973.20
(9) (b) When
a court orders a defendant to pay restitution
is ordered 19under this section, the court shall inquire to see if an award has been made under
20ch. 949 and if the department of justice is subrogated to the cause of action under s.
21949.15. If the
restitution defendant is ordered
to pay restitution in an amount that 22is less than or equal to the award under ch. 949, the
defendant shall pay the 23restitution
shall be paid only to the
general fund department of justice and the
24restitution payments shall be credited to the appropriation account under s. 20.455
25(5) (hm). If the
restitution defendant is ordered
to pay restitution in an amount that
1is greater than the award under ch. 949, the
general fund shall receive defendant
2shall pay the department of justice an amount equal to the award under ch. 949
,
3which amount shall be credited to the appropriation account under s. 20.455 (5) (hm), 4and the
defendant shall pay the balance
shall be paid to the victim.
SB44, s. 2773
5Section
2773. 973.30 (1) (c) of the statutes is amended to read:
SB44,1041,106
973.30
(1) (c) Adopt
and, as necessary, update advisory sentencing guidelines
7for felonies committed on or after July 30, 2002, to promote public safety
in a
8cost-effective manner, to
reflect changes promote consistency in sentencing
9practices
, and to preserve the integrity of the criminal justice and correctional
10systems.
SB44, s. 2774
11Section
2774. 973.30 (1) (cm) of the statutes is created to read:
SB44,1041,1312
973.30
(1) (cm) Develop advisory guidelines regarding the appropriate use of
13alternatives to incarceration.
SB44, s. 2775
14Section
2775. 973.31 of the statutes is created to read:
SB44,1041,16
15973.31 Mandatory sentencing guidelines.
(1) In this section,
16"commission" means the sentencing commission.
SB44,1041,23
17(2) If the commission determines in the report required under 2003 Wisconsin
18Act .... (this act), section 9110 (1
) that temporary sentencing guidelines adopted by
19the criminal penalties study committee created under
1997 Wisconsin Act 283 are
20not adequately promoting the objectives listed in s. 973.30 (1) (c), the commission
21shall adopt mandatory guidelines for sentencing decisions, as defined in s. 973.017
22(1), for felonies and misdemeanors for which a court may impose a bifurcated
23sentence.
SB44,1042,4
24(3) When adopting a mandatory sentencing guideline for a crime, the
25commission, subject to sub. (4), shall assign suggested ranges of punishment to
1promote the objectives listed in s. 973.30 (1) (c). The ranges of punishment shall be
2based upon the combination of offense and defendant characteristics in each case.
3The commission may also include any of the following as part of a mandatory
4sentencing guideline:
SB44,1042,55
(a) Conditions of extended supervision or probation to be imposed.
SB44,1042,86
(b) The length of a term of imprisonment to be imposed if, after the court
7withholds a sentence and places a defendant on probation, the court revokes
8probation.
SB44,1042,109
(c) Whether penalties should be imposed concurrently or consecutively if the
10defendant is convicted of more than one crime.
SB44,1042,13
11(4) The commission may not adopt a mandatory sentencing guideline for a
12crime that calls for a range of punishment that conflicts with any provision of the
13statutes relating to penalties for that crime.
SB44,1042,21
14(5) In general, in developing mandatory sentencing guidelines, the commission
15shall begin with crimes that result in the greatest number of bifurcated sentences
16being imposed. In general, the commission shall develop mandatory sentencing
17guidelines for Class G to I felonies, unclassified felonies, and misdemeanors for
18which a court may impose a bifurcated sentence before developing them for Class B
19to F felonies. Beginning with the crimes that are committed most frequently, the
20commission shall develop mandatory sentencing guidelines for crimes based on the
21frequency with which they are committed.
SB44, s. 2776
22Section
2776. 977.01 of the statutes is renumbered 977.01 (intro.) and
23amended to read:
SB44,1042,25
24977.01 Definitions. (intro.) In this chapter, unless the context requires
25otherwise
, "board":
SB44,1043,1
1(1) "Board" means the public defender board.
SB44, s. 2777
2Section
2777. 977.01 (2) of the statutes, as affected by 2003 Wisconsin Act ....
3(this act), is amended to read:
SB44,1043,84
977.01
(2) "Public assistance" means relief provided by counties under s. 59.53
5(21), Wisconsin works under ss. 49.141 to 49.161, medical assistance under subch.
6IV of ch. 49, low-income energy assistance under s.
16.385 16.27, weatherization
7assistance under s.
16.39 16.26, and the food stamp program under
7 USC 2011 to
82029.
SB44, s. 2778
9Section
2778. 977.06 (1) (a) of the statutes is amended to read:
SB44,1043,1410
977.06
(1) (a) Verify the information necessary to determine indigency under
11s. 977.07 (2). The information provided by a person seeking assigned counsel that
12is subject to verification shall include any social security numbers provided on an
13application under sub. (1m), income records, value of assets, eligibility for public
14assistance,
as defined in s. 106.215 (1) (fm), and claims of expenses.
SB44, s. 2779
15Section
2779. 978.001 (1c) of the statutes is created to read:
SB44,1043,1816
978.001
(1c) "Assignable prosecutor" means an attorney employed by the state
17prosecutors board whom the board may assign to a prosecutorial unit under s. 978.14
18(1) (d).
SB44, s. 2780
19Section
2780. 978.03 (1) of the statutes is amended to read:
SB44,1044,620
978.03
(1) The district attorney of any prosecutorial unit having a population
21of 500,000 or more may appoint 5 deputy district attorneys and such assistant
22district attorneys as may be requested by the department of administration and
23authorized in accordance with s. 16.505. The district attorney shall rank the deputy
24district attorneys for purposes of carrying out duties under this section. The
25deputies, according to rank, may perform any duty of the district attorney
who
1appointed him or her, under the district attorney's direction
, or any duty of the
2district attorney to whose prosecutorial unit he or she is assigned by the state
3prosecutors board under s. 978.14 (1) (c). In the absence or disability of the district
4attorney, the deputies, according to rank, may perform any act required by law to be
5performed by the district attorney. Any such deputy must have practiced law in this
6state for at least 2 years prior to appointment under this section.
SB44, s. 2781
7Section
2781. 978.03 (1m) of the statutes is amended to read:
SB44,1044,208
978.03
(1m) The district attorney of any prosecutorial unit having a population
9of 200,000 or more but not more than 499,999 may appoint 3 deputy district
10attorneys and such assistant district attorneys as may be requested by the
11department of administration and authorized in accordance with s. 16.505. The
12district attorney shall rank the deputy district attorneys for purposes of carrying out
13duties under this section. The deputies, according to rank, may perform any duty
14of the district attorney
who appointed him or her, under the district attorney's
15direction
, or any duty of the district attorney to whose prosecutorial unit he or she
16is assigned by the state prosecutors board under s. 978.14 (1) (c). In the absence or
17disability of the district attorney, the deputies, according to rank, may perform any
18act required by law to be performed by the district attorney. Any such deputy must
19have practiced law in this state for at least 2 years prior to appointment under this
20section.
SB44, s. 2782
21Section
2782. 978.03 (2) of the statutes is amended to read:
SB44,1045,722
978.03
(2) The district attorney of any prosecutorial unit having a population
23of 100,000 or more but not more than 199,999 may appoint one deputy district
24attorney and such assistant district attorneys as may be requested by the
25department of administration and authorized in accordance with s. 16.505. The
1deputy may perform any duty of the district attorney
who appointed him or her,
2under the district attorney's direction
, or any duty of the district attorney to whose
3prosecutorial unit he or she is assigned by the state prosecutors board under s. 978.14
4(1) (c). In the absence or disability of the district attorney, the deputy may perform
5any act required by law to be performed by the district attorney. The deputy must
6have practiced law in this state for at least 2 years prior to appointment under this
7section.
SB44, s. 2783
8Section
2783. 978.03 (3) of the statutes is amended to read:
SB44,1045,169
978.03
(3) Any assistant district attorney under sub. (1), (1m) or (2) must be
10an attorney admitted to practice law in this state and, except as provided in ss.
11978.043 and 978.044, may
exercise any power of, or perform any duty required by law
12to be performed by
, the district attorney
. The appointing him or her or a district
13attorney to whose prosecutorial unit he or she is assigned by the state prosecutors
14board under s. 978.14 (1) (c). In consultation with the state prosecutors board, the 15district attorney of the prosecutorial unit under sub. (1), (1m), or (2) may appoint
16such temporary counsel as may be authorized by the department of administration.
SB44, s. 2784
17Section
2784. 978.04 of the statutes is amended to read:
SB44,1046,2
18978.04 Assistants in certain prosecutorial units. The district attorney of
19any prosecutorial unit having a population of less than 100,000 may appoint one or
20more assistant district attorneys as necessary to carry out the duties of his or her
21office and as may be requested by the department of administration authorized in
22accordance with s. 16.505. Any such assistant district attorney must be an attorney
23admitted to practice law in this state and, except as provided in s. 978.043, may
24exercise any power of, or perform any duty required by law to be performed by
, the
1district attorney
appointing him or her or a district attorney to whose prosecutorial
2unit he or she is assigned by the state prosecutors board under s. 978.14 (1) (c).
SB44, s. 2785
3Section
2785. 978.043 of the statutes is amended to read:
SB44,1046,15
4978.043 Assistants for prosecution of sexually violent person
5commitment cases. The district attorney of the prosecutorial unit that consists of
6Brown County and the district attorney of the prosecutorial unit that consists of
7Milwaukee County shall each assign one assistant district attorney in his or her
8prosecutorial unit to be a sexually violent person commitment prosecutor. An
9assistant district attorney assigned under this section to be a sexually violent person
10commitment prosecutor may engage only in the prosecution of sexually violent
11person commitment proceedings under ch. 980 and,
at the request of the district
12attorney of the prosecutorial unit as permitted or required under rules adopted by
13the state prosecutors board under s. 978.14 (1) (c), may file and prosecute sexually
14violent person commitment proceedings under ch. 980 in any prosecutorial unit in
15this state.
SB44, s. 2786
16Section
2786. 978.044 (2) (b) of the statutes is amended to read:
SB44,1046,2017
978.044
(2) (b) Provide assistance to the district attorney in other counties
18relating to the establishment of restorative justice programs
, as described in par. (a)
19as permitted or required under rules adopted by the state prosecutors board under
20s. 978.14 (1) (c).
SB44, s. 2787
21Section
2787. 978.045 (1g) of the statutes is amended to read:
SB44,1047,222
978.045
(1g) A court on its own motion may appoint a special prosecutor under
23sub. (1r) or a district attorney may request a court to appoint a special prosecutor
24under that subsection. Before a court appoints a special prosecutor on its own motion
25or at the request of a district attorney for an appointment that exceeds 6 hours per
1case, the court or
, subject to any applicable rule issued under s. 978.14 (1) (c), the 2district attorney shall
request do all of the following:
SB44,1047,7
31. Request assistance from a district attorney, deputy district attorney
, or
4assistant district attorney from other prosecutorial units or an assistant attorney
5general.
A district attorney requesting the appointment of a special prosecutor, or
6a court if the court is appointing a special prosecutor on its own motion, shall notify
7the department of administration
SB44,1047,11
82. Notify the state prosecutors board, on a form provided by the
department 9board, of the
district attorney's or the court's inability basis for the proposed
10appointment and the efforts to obtain assistance from another prosecutorial unit or
11from an assistant attorney general.
SB44, s. 2788
12Section
2788. 978.046 of the statutes is created to read:
SB44,1047,15
13978.046 Assignable prosecutors. An assignable prosecutor who has been
14assigned to a prosecutorial unit may exercise any power of, or perform any duty
15required by law to be performed by, the district attorney of the prosecutorial unit.
SB44, s. 2789
16Section
2789. 978.05 (1) of the statutes is amended to read:
SB44,1047,2217
978.05
(1) Criminal actions. Except as otherwise provided by law, prosecute
18all criminal actions before any court within his or her prosecutorial unit.
In
19determining whether to prosecute a case, the district attorney shall consider the 20guidelines adopted by the state prosecutors board under s. 978.14 (1) (b). The district
21attorney, however, is not bound by those guidelines, and there is no right to appeal
22based on a prosecutor's decision to depart in any way from any guideline.
SB44, s. 2790
23Section
2790. 978.05 (8) (b) of the statutes is amended to read:
SB44,1048,1024
978.05
(8) (b) Hire, employ, and supervise his or her staff
and assignable
25prosecutors assigned to his or her prosecutorial unit under s. 978.14 (1) (d) and,
1subject to ss. 978.043 and 978.044, make appropriate assignments of the staff
and
2assignable prosecutors throughout the prosecutorial unit. The district attorney may
3request the assistance of district attorneys, deputy district attorneys, or assistant
4district attorneys from other prosecutorial units
, subject to any rules promulgated
5under s. 978.14 (1) (c), or assistant attorneys general
, who then may appear and
6assist in the investigation and prosecution of any matter for which a district attorney
7is responsible under this chapter in like manner as assistants in the prosecutorial
8unit and with the same authority as the district attorney in the unit in which the
9action is brought. Nothing in this paragraph limits the authority of counties to
10regulate the hiring, employment, and supervision of county employees.
SB44, s. 2791
11Section
2791. 978.06 (1) of the statutes is amended to read:
SB44,1048,1512
978.06
(1) No district attorney, deputy district attorney
or, assistant district
13attorney
, or assignable prosecutor may receive any fee or reward from or on behalf
14of any prosecutor or any other individual for services in any prosecution or business
15to which it is the district attorney's official duty to attend.
SB44, s. 2792
16Section
2792. 978.06 (2) of the statutes is amended to read:
SB44,1048,2117
978.06
(2) No district attorney, deputy district attorney
or, assistant district
18attorney
, or assignable prosecutor may be concerned as attorney or counsel for either
19party, other than for the state or county, in any civil action depending upon the same
20state of facts upon which any criminal prosecution commenced but undetermined
21depends.
SB44, s. 2793
22Section
2793. 978.06 (3) (a) of the statutes is amended to read:
SB44,1049,523
978.06
(3) (a) No district attorney, deputy district attorney
or, assistant district
24attorney
, or assignable prosecutor while in office may hold any judicial office. No
25assignable prosecutor and no full-time district attorney, deputy district attorney
, or
1assistant district attorney may hold the office of or act as corporation counsel or city,
2village
, or town attorney. A part-time district attorney, deputy district attorney
, or
3assistant district attorney may hold the office of or act as corporation counsel or city,
4village
, or town attorney or otherwise serve as legal counsel to any governmental
5unit.
SB44, s. 2794
6Section
2794. 978.06 (4) of the statutes is amended to read:
SB44,1049,117
978.06
(4) No person who acted as district attorney, deputy district attorney
8or, assistant district attorney
, or assignable prosecutor, or special prosecutor under
9s. 978.045, for a county at the time of an arrest, examination
, or indictment of any
10person charged with a crime in that county may thereafter appear for, or defend that
11person against the crime charged in the complaint, information
, or indictment.
SB44, s. 2795
12Section
2795. 978.06 (5) (a) of the statutes is amended to read:
SB44,1049,1913
978.06
(5) (a) No full-time district attorney, deputy district attorney
, or
14assistant district attorney may engage in a private practice of law, but he or she is
15authorized to complete all civil cases, not in conflict with the interest of the county
16or counties of his or her prosecutorial unit, in which he or she is counsel, pending in
17court before he or she takes office.
No assignable prosecutor may engage in a private
18practice of law. A part-time district attorney, deputy district attorney
, or assistant
19district attorney may engage in a private practice of law.