SB40: Bill Text

SB40,1670,18 971.14 (5) (b) The defendant shall be periodically reexamined by the treatment facility department of health and family services examiners. Written reports of examination shall be furnished to the court 3 months after commitment, 6 months after commitment, 9 months after commitment and within 30 days prior to the expiration of commitment. Each report shall indicate either that the defendant has become competent, that the defendant remains incompetent but that attainment of competency is likely within the remaining commitment period, or that the defendant has not made such progress that attainment of competency is likely within the remaining commitment period. Any report indicating such a lack of sufficient progress shall include the examiner's opinion regarding whether the defendant is mentally ill, alcoholic, drug dependent, developmentally disabled or infirm because of aging or other like incapacities.

SB40, s. 3874 Section 3874. 971.14 (5) (c) of the statutes is amended to read:

SB40,1671,2 971.14 (5) (c) Upon receiving a report under par. (b), indicating the defendant has regained competency or is not competent and unlikely to become competent in the remaining commitment period, the court shall hold a hearing within 14 days of receipt of the report and the court shall proceed under sub. (4). If the court determines that the defendant has become competent, the defendant shall be discharged from commitment and the criminal proceeding shall be resumed. If the court determines that the defendant is making sufficient progress toward becoming competent, the commitment shall continue.

SB40, s. 3875 Section 3875. 971.17 (3) (e) of the statutes is amended to read:

SB40,1672,6 971.17 (3) (e) An order for conditional release places the person in the custody and control of the department of health and family services. A conditionally released person is subject to the conditions set by the court and to the rules of the department of health and family services. Before a person is conditionally released by the court under this subsection, the court shall so notify the municipal police department and county sheriff for the area where the person will be residing. The notification requirement under this paragraph does not apply if a municipal department or county sheriff submits to the court a written statement waiving the right to be notified. If the department of health and family services alleges that a released person has violated any condition or rule, or that the safety of the person or others requires that conditional release be revoked, he or she may be taken into custody under the rules of the department. The department of health and family services shall submit a statement showing probable cause of the detention and a petition to revoke the order for conditional release to the committing court and the regional office of the state public defender responsible for handling cases in the county where the committing court is located within 48 72 hours after the detention, excluding Saturdays, Sundays, and legal holidays. The court shall hear the petition within 30 days, unless the hearing or time deadline is waived by the detained person. Pending the revocation hearing, the department of health and family services may detain the person in a jail or in a hospital, center or facility specified by s. 51.15 (2). The state has the burden of proving by clear and convincing evidence that any rule or condition of release has been violated, or that the safety of the person or others requires that conditional release be revoked. If the court determines after hearing that any rule or condition of release has been violated, or that the safety of the person or others requires that conditional release be revoked, it may revoke the order for conditional release and order that the released person be placed in an appropriate institution under s. 51.37 (3) until the expiration of the commitment or until again conditionally released under this section.

SB40, s. 3876 Section 3876. 971.23 (10) of the statutes is amended to read:

SB40,1672,15 971.23 (10) Payment of photocopy copying costs in cases involving indigent defendants. When the state public defender or a private attorney appointed under s. 977.08 requests photocopies copies, in any format, of any item that is discoverable under this section, the state public defender shall pay any fee charged for the photocopies copies from the appropriation under s. 20.550 (1) (f). If the person providing photocopies copies under this section charges the state public defender a fee for the photocopies copies, the fee may not exceed the actual, necessary, and direct cost of photocopying providing the copies.

SB40, s. 3877 Section 3877. 973.01 (4) of the statutes is amended to read:

SB40,1672,22 973.01 (4) No good time; extension or reduction of term of imprisonment. A person sentenced to a bifurcated sentence under sub. (1) shall serve the term of confinement in prison portion of the sentence without reduction for good behavior. The term of confinement in prison portion is subject to extension under s. 302.113 (3) and, if applicable, to reduction under s. 302.045 (3m), 302.05 (3) (c) 2. a., 302.113 (9g), 304.06 (1) (b), or 973.195 (1r).

SB40, s. 3878 Section 3878. 973.01 (7) of the statutes is amended to read:

SB40,1673,2 973.01 (7) No discharge. The department of corrections may not discharge a person who is serving a bifurcated sentence from custody, control and supervision until the person has served the entire bifurcated sentence , except as provided in s. 304.06 (1) (b).

SB40, s. 3879 Section 3879. 973.017 (2) (a) and (10) of the statutes are amended to read:

SB40,1673,11 973.017 (2) (a) If the offense is a felony, the sentencing guidelines adopted submitted in the report by the sentencing commission truth-in-sentencing phase II council under s. 973.30 16.015 or, if the sentencing commission truth-in-sentencing phase II council has not adopted submitted a guideline for the offense, any applicable temporary sentencing guideline adopted by the sentencing commission created under 2001 Wisconsin Act 109, or if the sentencing commission did not adopt a guideline for the offense, any applicable temporary sentencing guideline adopted by the criminal penalties study committee created under 1997 Wisconsin Act 283.

SB40,1673,19 (10) Use of guidelines; no right to or basis for appeal. The requirement under sub. (2) (a) that a court consider sentencing guidelines submitted in the report by the truth-in-sentencing phase II council or adopted by the sentencing commission or the criminal penalties study committee does not require a court to make a sentencing decision that is within any range or consistent with a recommendation specified in the guidelines, and there is no right to appeal a court's sentencing decision based on the court's decision to depart in any way from any guideline.

SB40, s. 3880 Section 3880. 973.045 (1) (intro.) of the statutes is amended to read:

SB40,1673,23 973.045 (1) (intro.) Except as provided in sub. (1m), if If a court imposes a sentence or places a person on probation, the court shall impose a crime victim and witness assistance surcharge calculated as follows:

SB40, s. 3881 Section 3881. 973.045 (1m) of the statutes is repealed and recreated to read:

SB40,1674,2 973.045 (1m) (a) In this subsection, "civil offense" means an offense punishable by a forfeiture.

SB40,1674,4 (b) If all of the following apply, the court shall impose a crime victim and witness assistance surcharge in addition to any forfeiture that it imposes:

SB40,1674,5 1. The person is charged with one or more crimes in a complaint.

SB40,1674,7 2. As a result of the complaint being amended, the person is charged with a civil offense in lieu of one of those crimes.

SB40,1674,9 3. The court finds that the person committed that civil offense on or after the effective date of this subdivision .... [revisor inserts date].

SB40,1674,12 (c) The amount of the surcharge imposed under par. (b) shall be the amount specified in sub. (1) (a) or (b), depending on whether the crime that was the subject of the amendment under par. (b) 2. was a misdemeanor or a felony.

SB40, s. 3882 Section 3882. 973.045 (1r) (b) of the statutes is created to read:

SB40,1674,15 973.045 (1r) (b) The entire amount of any surcharge imposed under sub. (1m) shall be allocated to part A.

SB40, s. 3883 Section 3883. 973.045 (2m) of the statutes is created to read:

SB40,1674,19 973.045 (2m) The secretary of administration shall credit part A of the crime victim and witness surcharge to the appropriation account under s. 20.455 (5) (g) and part B to the appropriation account under s. 20.455 (5) (gc).

SB40, s. 3884 Section 3884. 973.045 (3) (a) of the statutes is renumbered 973.045 (1r) (a), and 973.045 (1r) (a) (intro.), as renumbered, is amended to read:

SB40,1675,2 973.045 (1r) (a) (intro.) The clerk shall record the any crime victim and witness surcharge imposed under sub. (1) in 2 parts. Part A is the portion that the secretary of administration shall credit to the appropriation account under s. 20.455 (5) (g) and part B is the portion that the secretary of administration shall credit to the appropriation account under s. 20.455 (5) (gc), as follows:

SB40, s. 3885 Section 3885. 973.05 (2m) (r) of the statutes is amended to read:

SB40,1675,5 973.05 (2m) (r) To payment of the enforcement surcharge under s. 253.06 49.17 (4) (c) until paid in full.

SB40, s. 3886 Section 3886. 973.055 (3) of the statutes is amended to read:

SB40,1675,9 973.055 (3) All moneys collected from domestic abuse surcharges shall be deposited by the secretary of administration in s. 20.435 (3) 20.437 (1) (hh) and utilized in accordance with s. 46.95 49.165.

SB40, s. 3887 Section 3887. 973.09 (1) (b) of the statutes is amended to read:

SB40,1675,17 973.09 (1) (b) If the court places the person on probation, the court shall order the person to pay restitution under s. 973.20, unless the court finds there is substantial reason not to order restitution as a condition of probation. If the court does not require restitution to be paid to a victim, the court shall state its reason on the record. If the court does require restitution, it shall notify the department of justice of its decision if the victim may be eligible for compensation under subch. I of ch. 949.

SB40, s. 3888 Section 3888. 973.195 (1g) of the statutes is repealed.

SB40, s. 3889 Section 3889. 973.195 (1r) (a) of the statutes is amended to read:

SB40,1676,2 973.195 (1r) (a) An inmate who is serving a sentence imposed under s. 973.01 for a crime other than a Class B Class C to Class E felony may petition the sentencing court to adjust the sentence if the inmate has served at least the applicable percentage 85 percent of the term of confinement in prison portion of the sentence. If an inmate is subject to more than one sentence imposed under this section, the sentences shall be treated individually for purposes of sentence adjustment under this subsection.

SB40, s. 3890 Section 3890. 973.195 (1r) (d) of the statutes is amended to read:

SB40,1676,12 973.195 (1r) (d) If the sentence for which the inmate seeks adjustment is for an offense under s. 940.225 (2) or (3), 948.02 (2), 948.08, or 948.085, and the district attorney does not object to the petition within 10 days of receiving notice under par. (c), the district attorney shall notify the victim, as defined under s. 950.02 (4), of the inmate's petition. The notice to the victim shall include information on the sentence adjustment petition process under this subsection, including information on how to object to the inmate's petition. If the victim objects to adjustment of the inmate's sentence within 45 days of the date on which the district attorney received notice under par. (c), the court shall deny the inmate's petition.

SB40, s. 3891 Section 3891. 973.20 (9) (a) of the statutes is amended to read:

SB40,1676,18 973.20 (9) (a) If a crime victim is paid an award under subch. I of ch. 949 for any loss arising out of a criminal act, the state is subrogated to the rights of the victim to any restitution required by the court. The rights of the state are subordinate to the claims of victims who have suffered a loss arising out of the offenses or any transaction which is part of the same continuous scheme of criminal activity.

SB40, s. 3892 Section 3892. 973.20 (9) (b) of the statutes is amended to read:

SB40,1677,3 973.20 (9) (b) When restitution is ordered, the court shall inquire to see if an award has been made under subch. I of ch. 949 and if the department of justice is subrogated to the cause of action under s. 949.15. If the restitution ordered is less than or equal to the award under subch. I of ch. 949, the restitution shall be paid only to the general fund credited to the appropriation account under s. 20.455 (5) (hh). If the restitution ordered is greater than the award under subch. I of ch. 949, the general fund shall receive an amount equal to the award under subch. I of ch. 949 shall be credited to the appropriation account under s. 20.455 (5) (hh) and the balance shall be paid to the victim.

SB40, s. 3893 Section 3893. 973.30 (title) of the statutes is repealed.

SB40, s. 3894 Section 3894. 973.30 (1) (intro.) of the statutes is repealed.

SB40, s. 3895 Section 3895. 973.30 (1) (a) of the statutes is repealed.

SB40, s. 3896 Section 3896. 973.30 (1) (b) of the statutes is renumbered 16.964 (13) (a) 2.

SB40, s. 3897 Section 3897. 973.30 (1) (c) of the statutes is repealed.

SB40, s. 3898 Section 3898. 973.30 (1) (d) of the statutes is renumbered 16.964 (13) (a) 3.

SB40, s. 3899 Section 3899. 973.30 (1) (e) of the statutes is repealed.

SB40, s. 3900 Section 3900. 973.30 (1) (f) of the statutes is repealed.

SB40, s. 3901 Section 3901. 973.30 (1) (g) of the statutes is renumbered 16.964 (13) (a) 4.

SB40, s. 3902 Section 3902. 973.30 (1) (h) of the statutes is renumbered 16.964 (13) (a) 5.

SB40, s. 3903 Section 3903. 973.30 (1) (i) of the statutes is renumbered 16.964 (13) (a) 6.

SB40, s. 3904 Section 3904. 973.30 (1) (j) of the statutes is renumbered 16.964 (13) (a) 7.

SB40, s. 3905 Section 3905. 973.30 (2) of the statutes is repealed.

SB40, s. 3906 Section 3906. 973.30 (3) of the statutes is repealed.

SB40, s. 3907 Section 3907. 974.07 (4) (b) of the statutes is amended to read:

SB40,1678,2 974.07 (4) (b) Notwithstanding the limitation on the disclosure of mailing addresses from completed information cards submitted by victims under ss. 51.37 (10) (dx), 301.046 (4) (d), 301.048 (4m) (d), 301.38 (4), 302.105 (4), 304.06 (1) (f), 304.063 (4), 938.51 (2), 971.17 (6m) (d), and 980.11 (4), the department of corrections, the parole earned release review commission, and the department of health and family services shall, upon request, assist clerks of court in obtaining information regarding the mailing address of victims for the purpose of sending copies of motions and notices of hearings under par. (a).

SB40, s. 3908 Section 3908. 976.03 (23) (c) of the statutes is amended to read:

SB40,1678,15 976.03 (23) (c) The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by 2 certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to a judge, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The prosecuting officer, parole earned release review commission, warden or sheriff may also attach such further affidavits and other documents in duplicate as he, she or it deems proper to be submitted with the application. One copy of the application, with the action of the governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information and affidavits, or of the judgment of conviction or of the sentence shall be filed in the office of the governor to remain of record in that office. The other copies of all papers shall be forwarded with the governor's requisition.

SB40, s. 3909 Section 3909. 977.02 (2m) of the statutes is amended to read:

SB40,1678,20 977.02 (2m) Promulgate rules regarding eligibility for legal services under this chapter, including legal services for children persons who are entitled to be represented by counsel without a determination of indigency, as provided in s. 48.23 (4), 51.60, 55.105, or 938.23 (4).

SB40, s. 3910 Section 3910. 977.02 (3) of the statutes is amended to read:

SB40,1679,2 977.02 (3) Promulgate rules regarding the determination of indigency of persons entitled to be represented by counsel, other than children persons who are entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, including the time period in which the determination must be made and the criteria to be used to determine indigency and partial indigency.

SB40, s. 3911 Section 3911. 977.05 (4) (gm) of the statutes is amended to read:

SB40,1679,9 977.05 (4) (gm) In accordance with the standards under pars. (h) and (i), accept referrals from judges and courts for the provision of legal services without a determination of indigency of children persons who are entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, appoint counsel in accordance with contracts and policies of the board, and inform the referring judge or court of the name and address of the specific attorney who has been assigned to the case.

SB40, s. 3912 Section 3912. 977.05 (4) (h) of the statutes is amended to read:

SB40,1679,16 977.05 (4) (h) Accept requests for legal services from children persons who are entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23 and from indigent persons who are entitled to be represented by counsel under s. 967.06 or who are otherwise so entitled under the constitution or laws of the United States or this state and provide such persons with legal services when, in the discretion of the state public defender, such provision of legal services is appropriate.

SB40, s. 3913 Section 3913. 977.05 (4) (i) 8. of the statutes is amended to read:

SB40,1679,20 977.05 (4) (i) 8. Cases involving individuals who are subject to petitions for protective placement or involuntary administration of psychotropic medication under ch. 55.

SB40, s. 3914 Section 3914 . 977.06 (2) (a) of the statutes is amended to read:

SB40,1680,5 977.06 (2) (a) A person seeking to have counsel assigned for him or her under s. 977.08, other than a child person who is entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, shall sign a statement declaring that he or she has not disposed of any assets for the purpose of qualifying for that assignment of counsel. If the representative or authority making the indigency determination finds that any asset was disposed of for less than its fair market value for the purpose of obtaining that assignment of counsel, the asset shall be counted under s. 977.07 (2) at its fair market value at the time it was disposed of, minus the amount of compensation received for the asset.

SB40, s. 3915 Section 3915. 977.06 (2) (am) of the statutes is amended to read:

SB40,1680,12 977.06 (2) (am) A person seeking to have counsel assigned for him or her under s. 977.08, other than a child person who is entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, shall sign a statement declaring that the information that he or she has given to determine eligibility for assignment of counsel he or she believes to be true and that he or she is informed that he or she is subject to the penalty under par. (b).

SB40, s. 3916 Section 3916. 977.06 (4) (bm) of the statutes is amended to read:

SB40,1680,22 977.06 (4) (bm) In response to a request for information under s. 49.22 (2m) made by the department of workforce development children and families or a county child support agency under s. 59.53 (5), the state public defender shall provide the name and address of an individual, the name and address of the individual's employer and financial information related to the individual, if the name, address or financial information is included in any statement, affidavit or other information provided by the individual regarding financial eligibility under s. 977.07 and if, at the time the request for information is made, the individual is represented by the state public defender or by counsel assigned under s. 977.08.

SB40, s. 3917 Section 3917. 977.07 (1) (a) of the statutes is amended to read:

SB40,1681,3 977.07 (1) (a) Determination of indigency for persons entitled to counsel shall be made as soon as possible and shall be in accordance with the rules promulgated by the board under s. 977.02 (3) and the system established under s. 977.06. No determination of indigency is required for a child person who is entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23.

SB40, s. 3918 Section 3918. 977.07 (1) (c) of the statutes is amended to read:

SB40,1681,14 977.07 (1) (c) For all referrals made under ss. 809.107, 809.30, 974.06 (3) (b) and 974.07 (11), except a referral of a child person who is entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, a representative of the state public defender shall determine indigency. For referrals made under ss. 809.107, 809.30 and 974.06 (3) (b), except a referral of a child person who is entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, the representative of the state public defender may, unless a request for redetermination has been filed under s. 809.30 (2) (d) or the person's request for representation states that his or her financial circumstances have materially improved, rely upon a determination of indigency made for purposes of trial representation under this section.

SB40, s. 3919 Section 3919. 977.075 (1g) of the statutes is created to read:

SB40,1681,18 977.075 (1g) In this section, "client responsible for payment" means a client of the state public defender other than a client entitled to legal representation without a determination of indigency.

SB40, s. 3920 Section 3920. 977.075 (3) of the statutes is amended to read:

SB40,1682,2 977.075 (3) The board shall establish by rule a fee schedule that sets the amount that a person, other than a parent subject to s. 48.275 (2) (b) or 938.275 (2) (b), who is client responsible for payment for legal representation shall pay for the cost of the legal representation if the person client does not pay the applicable discount fee under sub. (3m). The schedule shall establish a fee for a given type of case, and the fee for a given type of case shall be based on the average cost, as determined by the board, for representation for that type of case.

SB40, s. 3921 Section 3921. 977.075 (3m) of the statutes is amended to read: