AB519,9 6Section 9. 301.051 of the statutes is created to read:
AB519,6,10 7301.051 Wrongful conviction; transition plan. Not more than 5 days after
8a court issues an order for a plan requested by an inmate pursuant to 808.085 (1) (a),
9the department shall create a transition to release plan for the inmate. The plan shall
10do all of the following:
AB519,6,15 11(1) Provide the inmate with a written list of community resources available to
12the inmate upon his or her release from prison, including temporary housing and
13emergency shelters, food banks, education and job assistance, and health care
14services in the county into which the inmate will be released. The department shall
15maintain up-to-date lists with contact information for each county in the state.
AB519,6,18 16(2) Provide the inmate with an individual counseling session with a person
17trained by the department or the county into which the inmate will be released to
18assist inmates in the transition to release from prison.
AB519,6,21 19(3) Schedule an appointment, set for not later than 2 weeks after the inmate's
20date of release, for the inmate to meet with a social worker or aid program
21administrator for the county into which the inmate will be released.
AB519,10 22Section 10. 775.05 (2) of the statutes is renumbered 775.05 (2) (a) and
23amended to read:
AB519,7,724 775.05 (2) (a) Any Except as provided in pars. (b) and (c), any person who is
25imprisoned as the result of his or her conviction for a crime in any court of this state,

1of which crime the person claims to be innocent, and who is released from
2imprisonment for that crime after March 13, 1980, may petition the claims board for
3compensation for such imprisonment. Upon Within 5 days after receipt of the
4petition, the claims board department of administration shall transmit a copy
5thereof to the prosecutor who prosecuted the petitioner and the judge who sentenced
6the petitioner for the conviction which is the subject of the claim, or their successors
7in office, for the information of these persons.
AB519,11 8Section 11. 775.05 (2) (b) and (c) and (2m) of the statutes are created to read:
AB519,7,129 775.05 (2) (b) Paragraph (a) does not apply to a person who is imprisoned as
10the result of his or her conviction for a felony in any court of this state arising from
11the same course of conduct that resulted in conviction for the crime of which the
12person claims to be innocent if the person does not claim to be innocent of that felony.
AB519,7,1613 (c) Paragraph (a) does not apply to a person who is convicted of a violent crime
14specified in s. 939.632 (1) (e) 1. or 2. after his or her release from imprisonment. A
15person who is ineligible to petition for compensation under this paragraph is also
16ineligible to receive any award of compensation that has not been paid.
AB519,7,19 17(2m) (a) In this subsection, an individual who has the right to inherit assets
18of a person is limited to a surviving spouse or domestic partner, child, parent, or
19sibling, who would have a right to inherit assets of the person under s. 852.01.
AB519,8,1120 (b) Any individual specified in par. (a) who has the right to inherit assets of a
21person who has the right to petition the claims board for compensation under sub.
22(2) may, within one year after the death of such a person, exercise the rights of the
23person to petition for compensation under sub. (2) (a) on behalf of the deceased
24person. If more than one individual has that right, the individuals having that right
25may file a joint petition or any individual or individuals may file a petition for

1whatever portion of the compensation that would otherwise be payable to the
2deceased person that the individual or individuals would be entitled to receive as an
3inheritance had the award been paid before the death of the decedent. If, at the time
4of death of a person, the person qualified or would qualify to receive compensation
5under sub. (2) (a) but has not been paid, any such individual or individuals may,
6within one year of the death of the person, file a claim with the claims board for
7compensation to be awarded on the decedent's behalf in whatever share of the
8compensation that was payable to the petitioner that the individual or individuals
9would be entitled to receive as an inheritance. The claims board shall pay a claim
10filed by any individual under this subsection if the board determines that the
11individual or individuals are entitled to be paid under this subsection.
AB519,8,1512 (c) An individual's right to exercise the rights of a deceased person or to file a
13claim on a decedent's behalf is independent of any right to inherit from the decedent
14under the decedent's will. Any compensation paid to any individual under this
15subsection is not a part of the decedent's estate for purposes of the decedent's will.
AB519,12 16Section 12. 775.05 (3) and (4) of the statutes are amended to read:
AB519,9,1017 775.05 (3) After hearing the evidence on the petition, the claims board Within
185 days after the claims board receives a petition under sub. (2) (a), the department
19of administration shall refer the petition to the division of hearings and appeals. No
20later than 30 days after the petition is filed, the department of administration or the
21office of the prosecutor who was responsible for prosecuting the petitioner may file
22a written request with the claims board for an evidentiary hearing on the petition.
23The department of administration shall refer the request to the division within 5
24days after the claims board receives the request. If a timely request for a hearing is
25filed, or if the division concludes that it cannot determine the petitioner's eligibility

1for compensation without a hearing, the division shall hold a hearing on the petition
2no later than 60 days after the petition is filed. If no request for a hearing is filed
3within the time specified in this subsection, and the division is able to determine that
4the petitioner is eligible for compensation without a hearing, the division shall decide
5the matter without a hearing, except that the division shall not deny a petition for
6compensation without affording the petitioner an opportunity for a hearing. The
7division
shall find either that the preponderance of evidence is clear and convincing
8demonstrates that the petitioner was innocent of the crime for which he or she
9suffered imprisonment, or that the preponderance of evidence is not clear and
10convincing
does not demonstrate that he or she was innocent.
AB519,9,25 11(4) If the claims board division of hearings and appeals finds that the
12preponderance of evidence demonstrates that the petitioner was innocent and that
13he or she did not by his or her act or failure to act contribute to bring about the
14conviction and imprisonment for which he or she seeks compensation, the claims
15board
of the crime for which he or she was imprisoned, the division shall find the
16amount which will equitably compensate the petitioner, not to exceed $25,000 and
17at a rate of compensation not greater than $5,000 of $50,000, or the amount
18determined under sub. (4m), whichever applies,
per year or any portion thereof, for
19the imprisonment. Compensation awarded by the claims board In addition, the
20division
shall include find any amount to which the board finds the petitioner is
21entitled for reasonable, actual attorney fees, together with all costs and
22disbursements incurred by the petitioner in his or her defense, post-conviction, and
23compensation proceedings and all fees, surcharges, and restitution paid by the
24petitioner as a result of his or her arrest and imprisonment. The division shall
25subtract any moneys received by the petitioner under s. 808.085
. If the claims board

1division finds that the amount it is able to award find is not an adequate
2compensation it shall submit a report specifying an amount which it considers
3adequate to the chief clerk of each house of the legislature, for distribution to the
4legislature under s. 13.172 (2). Upon conclusion of the proceeding, the division shall
5transmit its findings and decision to the claims board, which shall award the
6compensation specified in the decision and order disbursement of the award to the
7petitioner or any other individual who is entitled to receive a payment from the
8appropriation under s. 20.505 (4) (d).
AB519,13 9Section 13. 775.05 (4m) and (4r) of the statutes are created to read:
AB519,10,1510 775.05 (4m) On April 1 of each year, the claims board shall adjust the
11maximum amount specified in sub. (4) to reflect any changes in the U.S. consumer
12price index for all urban consumers, U.S. city average, as determined by the U.S.
13department of labor, for the 12-month period ending on the preceding December 31.
14The board shall publish the adjusted amount so determined in the Wisconsin
15administrative register.
AB519,10,18 16(4r) At any hearing conducted under this section, the petitioner may be
17represented by counsel of his or her own choosing. The department of administration
18shall represent the interests of the state.
AB519,14 19Section 14. 775.05 (5) of the statutes is amended to read:
AB519,10,2320 775.05 (5) The claims board shall keep a complete record of its the proceedings
21in each case petition under this section and of all the evidence related to the petition.
22The findings and decision of the division of hearings and appeals and the award of
23the claims board shall be subject to review as provided in ch. 227.
AB519,15 24Section 15. 808.085 of the statutes is created to read:
AB519,11,3
1808.085 Wrongful conviction; relief. (1) If a court acts under s. 808.08 to
2release a person from confinement in a prison, the person may petition the court for
3any or all of the following:
AB519,11,54 (a) A court order directing the department of corrections to create a transition
5to release plan.
AB519,11,86 (b) A financial assistance award not to exceed 133 percent of the federal poverty
7level for up to 14 months, or while proceedings under s. 775.05 are pending,
8whichever is shorter.
AB519,11,119 (c) Sealing of all records related to the case. Records sealed under this section
10shall be accessible to the person but may not be available for public inspection or
11through the consolidated court automation program case management system.
AB519,11,15 12(2) The court shall, within 10 days after it receives the petition under sub. (1),
13grant the relief sought if the person's criminal conviction was reversed, set aside, or
14vacated for reasons not inconsistent with the person's innocence of the crime for
15which he or she was convicted.
AB519,11,19 16(3) If a person who is granted relief under this section is subsequently convicted
17of the same charges for which he or she was granted relief, or if his or her conviction
18is reinstated, the person shall repay any financial assistance award granted under
19this section and all records related to the case shall be unsealed.
AB519,11,25 20(4) To the extent it is not contrary to or inconsistent with federal law, financial
21assistance a person receives pursuant to this section may not be included as income
22for the purpose of determining whether the person is indigent under rules
23promulgated under ch. 977 or for the purpose of determining the person's eligibility
24for any program for which the department of health services or the department of
25children and families provides services, benefits, or other assistance under ch. 49.
AB519,16
1Section 16. 977.05 (4) (jr) of the statutes is created to read:
AB519,12,42 977.05 (4) (jr) At the request of a person determined by the state public
3defender to be indigent or upon referral of any court, represent the person in
4proceedings under s. 775.05.
AB519,17 5Section 17. 977.05 (4) (jw) of the statutes is created to read:
AB519,12,86 977.05 (4) (jw) At the request of an inmate determined by the state public
7defender to be indigent or upon referral of any court, represent the person in
8proceedings under s. 808.085.
AB519,18 9Section 18. Nonstatutory provisions.
AB519,12,2110 (1) Medical Assistance for wrongfully imprisoned persons. Notwithstanding
11the eligibility criteria under section 49.471 (4) (a) of the statutes, any individual who
12receives compensation under section 775.05 of the statutes after the effective date
13of this subsection is eligible for the Medical Assistance program under section 49.471
14of the statutes during the period before January 1, 2015. The department of health
15services shall request any approval from the federal department of health and
16human services that is necessary to provide Medical Assistance benefits to those
17individuals. If federal approval is not necessary or if federal approval is received, the
18department of health services shall provide benefits under section 49.471 of the
19statutes to those individuals. If federal approval is not received, the department of
20health services is not required to provide Medical Assistance benefits to those
21individuals.
AB519,19 22Section 19. Initial applicability.
AB519,13,523 (1) This act first applies with respect to petitions filed by persons who are
24released on or after January 1, 1990, from imprisonment for crimes of which they
25claim to be innocent. If a person was released from imprisonment on or after January

11, 1990, and accepted compensation from this state for wrongful imprisonment prior
2to the effective date of this subsection, the person may petition for additional
3compensation and compensation shall be awarded to the extent payable under
4section 775.05 of the statutes notwithstanding any release signed by the claimant as
5a condition precedent to receiving an initial compensation award.
AB519,13,106 (2) The treatment of section 71.05 (6) (b) 51. of the statutes first applies to
7taxable years beginning on January 1 of the year in which this subsection takes
8effect, except that if this subsection takes effect after July 31, section 71.05 (6) (b) 51.
9of the statutes first applies to taxable years beginning on January 1 of the year
10following the year in which this subsection takes effect.
AB519,13,1111 (End)
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