973.05(5)(a)(a) Upon entry of the assignment under
sub. (4) (b), unless the court finds that income withholding is likely to cause the defendant irreparable harm, the court shall provide notice of the assignment by regular mail to the last-known address of the person from whom the defendant receives or will receive money. If the clerk does not receive the money from the person notified, the court shall provide notice of the assignment to any other person from whom the defendant receives or will receive money. Notice under this paragraph may be a notice of the court, a copy of the executed assignment or a copy of that part of the court order directing payment. If the court issues an order under
sub. (4) (b) assigning lottery prizes, the court shall send the notice of that order to the administrator of the lottery division of the gaming commission, including a statement of the amount owed under the judgment and the name and address of the person owing the judgment. The court shall notify the administrator of the lottery division of the gaming commission when the judgment that is the basis of the assignment has been paid in full.
973.05(5)(b)
(b) For each payment made under the assignment under
sub. (4) (b), the person from whom the defendant under the order receives money shall receive an amount equal to the person's necessary disbursements, not to exceed $3, which shall be deducted from the money to be paid to the defendant.
973.05(5)(c)
(c) A person who receives notice of the assignment under
par. (a) shall withhold the amount specified in the notice from any money that person pays to the defendant later than one week after receipt of the notice of assignment. Within 5 days after the day on which the person pays money to the defendant, the person shall send the amount withheld to the clerk of the jurisdiction providing notice.
Section 241.09 does not apply to assignments under this section.
973.05(5)(d)
(d) If after receipt of notice of assignment under
par. (a) the person from whom the defendant receives money fails to withhold the money or send the money to the clerk as provided in this subsection, the person may be proceeded against under the principal action under
ch. 785 for contempt of court or may be proceeded against under
ch. 778 and be required to forfeit not less than $50 nor more than an amount, if the amount exceeds $50, that is equal to 1% of the amount not withheld or sent.
973.05(5)(e)
(e) If an employer who receives notice of an assignment under
par. (a) fails to notify the clerk within 10 days after an employe is terminated or otherwise temporarily or permanently leaves the employer's employment, the employer may be proceeded against under the principal action under
ch. 785 for contempt of court.
973.05(5)(f)
(f) Compliance by the person from whom the defendant receives money with the order operates as a discharge of the person's liability to the defendant as to that portion of the defendant's commission, earnings, salaries, wages, benefits or other money so affected.
973.05(5)(g)
(g) No employer may use an assignment under
sub. (4) (b) as a basis for the denial of employment to a defendant, the discharge of an employe or any disciplinary action against an employe. An employer who denies employment or discharges or disciplines an employe in violation of this paragraph may be fined not more than $500 and may be required to make full restitution to the aggrieved person, including reinstatement and back pay. Restitution shall be in accordance with
s. 973.20. An aggrieved person may apply to the district attorney or to the department of industry, labor and human relations for enforcement of this paragraph.
973.05(5)(h)
(h) A person who receives more than one notice of assignment under
par. (a) may send all money withheld to the clerk in a combined payment, accompanied by any information that the clerk requires.
973.05(5)(i)2.
2. If after an assignment is in effect the defendant's employer changes its payroll period, or the defendant changes employers and the new employer's payroll period is different from the former employer's payroll period, the clerk may, unless otherwise ordered by a judge, amend the withholding assignment or order so that all of the following apply:
973.05(5)(i)2.a.
a. The withholding frequency corresponds to the new payroll period.
973.05(5)(i)2.b.
b. The amounts to be withheld reflect the adjustment to the withholding frequency.
973.05(5)(j)
(j) The clerk shall provide notice of the amended withholding assignment or order under
par. (i) by regular mail to the defendant's employer and to the defendant.
973.05 History
History: 1977 c. 29;
1979 c. 34,
111;
1981 c. 20,
88,
352;
1983 a. 27,
535;
1985 a. 36;
1987 a. 27,
339,
398;
1989 a. 64,
107,
359;
1991 a. 39;
1993 a. 16;
1995 a. 227,
438,
448; s. 13.93 (2) (c).
973.05 Annotation
See note to Art. I, sec. 8, citing State ex rel. Pedersen v. Blessinger, 56 W (2d) 286, 201 NW (2d) 778.
973.05 Annotation
Trial courts are encouraged to use instalment method when dealing with indigent defenders; instalment period may exceed 60 days. Will v. State, 84 W (2d) 397, 267 NW (2d) 357 (1978).
973.05 Annotation
Court cannot impose probation or order defendant to perform community work in lieu of imposing statutorily required minimum jail sentence.
71 Atty. Gen. 41.
973.055
973.055
Domestic abuse assessments. 973.055(1)
(1) If a court imposes a sentence on an adult person or places an adult person on probation, regardless of whether any fine is imposed, the court shall impose a domestic abuse assessment of $50 for each offense if:
973.055(1)(a)1.1. The court convicts the person of a violation of a crime specified in
s. 940.01,
940.02,
940.03,
940.05,
940.06,
940.19,
940.20 (1m) or
(3),
940.21,
940.225,
940.23,
940.285,
940.30,
940.305,
940.31,
940.42,
940.43,
940.44,
940.45,
940.48,
941.20,
941.30,
943.01,
943.14,
943.15,
946.49,
947.01,
947.012 or
947.0125 or of a municipal ordinance conforming to
s. 941.20,
941.30,
943.01,
943.14,
943.15,
946.49,
947.01,
947.012 or
947.0125; and
973.055 Note
NOTE: Subd. 1. is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
973.055(1)(a)2.
2. The court finds that the conduct constituting the violation under
subd. 1. involved an act by the adult person against his or her spouse or former spouse, against an adult with whom the adult person resides or formerly resided or against an adult with whom the adult person has created a child; or
973.055(2)(a)(a) If the assessment is imposed by a court of record, after the court determines the amount due, the clerk of the court shall collect and transmit the amount to the county treasurer as provided in
s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in
s. 59.25 (3) (f) 2.
973.055(2)(b)
(b) If the assessment is imposed by a municipal court, after a determination by the court of the amount due, the court shall collect and transmit the amount to the treasurer of the county, city, town or village, and that treasurer shall make payment to the state treasurer as provided in
s. 66.12 (1) (b).
973.055(3)
(3) All moneys collected from domestic abuse assessments shall be deposited by the state treasurer in
s. 20.435 (1) (hh) and utilized in accordance with
s. 46.95.
973.055(4)
(4) A court may waive part or all of the domestic abuse assessment under this section if it determines that the imposition of the full assessment would have a negative impact on the offender's family.
973.06(1)(1) Except as provided in
s. 93.20, the costs taxable against the defendant shall consist of the following items and no others:
973.06(1)(a)
(a) The necessary disbursements and fees of officers allowed by law and incurred in connection with the arrest, preliminary examination and trial of the defendant, including, in the discretion of the court, the fees and disbursements of the agent appointed to return a defendant from another state or country.
973.06(1)(am)
(am) Moneys expended by a law enforcement agency under all of the following conditions:
973.06(1)(am)1.
1. The agency expended the moneys to purchase a controlled substance or controlled substance analog that was distributed in violation of
ch. 961.
973.06(1)(am)2.
2. The moneys were expended in the course of an investigation that resulted in the defendant's conviction.
973.06(1)(am)3.
3. The moneys were used to obtain evidence of the defendant's violation of the law.
973.06(1)(am)4.
4. The agency has not previously been reimbursed or repaid for the expended moneys by the defendant.
973.06(1)(b)
(b) Fees and travel allowance of witnesses for the state at the preliminary examination and the trial.
973.06(1)(c)
(c) Fees and disbursements allowed by the court to expert witnesses.
Section 814.04 (2) shall not apply in criminal cases.
973.06(1)(d)
(d) Fees and travel allowance of witnesses for the defense incurred by the county at the request of the defendant, at the preliminary hearing and the trial.
973.06(1)(e)
(e) Attorney fees payable to the defense attorney by the county or the state. If the court determines at the time of sentencing that the defendant's financial circumstances are changed, the court may adjust the amount in accordance with
s. 977.07 (1) (a) and
(2).
973.06(1)(f)
(f) An amount determined by the court to make a reasonable contribution to a crime prevention organization, if the court determines that the person has the financial ability to make the contribution and the contribution is appropriate.
973.06(1)(g)
(g) An amount equal to 10% of any restitution ordered under
s. 973.20, payable to the county treasurer for use by the county.
973.06(1)(h)
(h) The cost of performance of a test under
s. 968.38, if ordered by the court.
973.06(2)
(2) The court may remit the taxable costs, in whole or in part.
973.06(3)
(3) If the court orders payment of restitution, collection of costs shall be as provided under
s. 973.20.
973.06 History
History: Sup. Ct. Order, 67 W (2d) 585, 784 (1975);
1979 c. 356;
1981 c. 352;
1985 a. 29;
1987 a. 347,
398,
403;
1991 a. 39,
269;
1995 a. 27,
53,
448.
973.06 Annotation
See note to 814.51, citing State v. Foster, 100 W (2d) 103, 301 NW (2d) 192 (1981).
973.06 Annotation
Court may not order reimbursement of law enforcement agency for routine investigative activities. State v. Peterson, 163 W (2d) 800, 472 NW (2d) 571 (Ct. App. 1991).
973.06 Annotation
Contribution under (1) (e) toward defendant's attorney fees payable by county may not be taxed in an order separate from the sentence. State v. Grant, 168 W (2d) 682, 484 NW (2d) 371 (Ct. App. 1992).
973.06 Annotation
Sub. (1) (c) provides authority to order payment of costs to the state crime laboratory for tests performed, whether or not an expert from the laboratory actually testified at trial. State v. Ferguson, 195 W (2d) 174, 536 NW (2d) 116 (Ct. App. 1995).
973.06 Annotation
Sub. (1) (c) does not limit recovery of expert witness fees to fees for court appointed witnesses. State v. Schmaling, 198 W (2d) 757, 543 NW (2d) 555 (Ct. App. 1995).
973.06 Annotation
Obligation of defendant under this section is not dischargeable in bankruptcy. Matter of Zarzynski, 771 F (2d) 304 (1985).
973.06 Annotation
Right to counsel; repayment of cost of court-appointed counsel as a condition of probation. 56 MLR 551.
973.07
973.07
Failure to pay fine or costs or to comply with certain community service work. If the fine, costs, penalty assessment, jail assessment, crime victim and witness assistance surcharge, applicable deoxyribonucleic acid analysis surcharge, applicable drug abuse program improvement surcharge, applicable domestic abuse assessment, applicable driver improvement surcharge, applicable weapons assessment, applicable uninsured employer assessment, applicable environmental assessment, applicable wild animal protection assessment, applicable natural resources assessment and applicable natural resources restitution payments are not paid or community service work under
s. 943.017 (3) is not completed as required by the sentence, the defendant may be committed to the county jail until the fine, costs, penalty assessment, jail assessment, crime victim and witness assistance surcharge, applicable deoxyribonucleic acid analysis surcharge, applicable drug abuse program improvement surcharge, applicable domestic abuse assessment, applicable driver improvement surcharge, applicable weapons assessment, applicable uninsured employer assessment, applicable environmental assessment, applicable wild animal protection assessment, applicable natural resources assessment or applicable natural resources restitution payments are paid or discharged, or the community service work under
s. 943.017 (3) is completed, for a period fixed by the court not to exceed 6 months.
973.07 Annotation
See note to Art. I, sec. 8, citing State ex rel. Pedersen v. Blessinger, 56 W (2d) 286, 201 NW (2d) 778.
973.07 Annotation
Where fine and payment schedule are reasonably suited to offender's means, offender carries heavy burden of showing inability to pay. Will v. State, 84 W (2d) 397, 267 NW (2d) 357 (1978).
973.07 Annotation
Commitment under this section may be consecutive to another term of incarceration. State v. Way, 113 W (2d) 82, 334 NW (2d) 918 (Ct. App. 1983).
973.07 Annotation
The six month limit on commitments under this section is the aggregate amount of time a defendant may be jailed for nonpayment of a fine. State v. Schuman, 173 W (2d) 743, 496 NW (2d) 684 (Ct. App. 1993).
973.075
973.075
Forfeiture of property derived from crime and certain vehicles. 973.075(1)(a)
(a) All property, real or personal, including money, directly or indirectly derived from or realized through the commission of any crime.
973.075(1)(b)
(b) All vehicles, as defined in
s. 939.22 (44), which are used to transport any property or weapon used or to be used or received in the commission of any felony, which are used in the commission of a crime under
s. 946.70, which are used in the commission of a crime in violation of
s. 944.30,
944.31,
944.32,
944.33 or
944.34, which are used in the commission of a crime relating to a submerged cultural resource in violation of
s. 44.47 or which are used to cause more than $1,000 worth of criminal damage to cemetery property in violation of
s. 943.01 (2) (d) or
943.012, but:
973.075(1)(b)1.
1. No vehicle used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under
ss. 973.075 to
973.077 unless it appears that the owner or other person in charge of the vehicle had knowledge of or consented to the commission of the crime;
973.075(1)(b)2.
2. No vehicle is subject to forfeiture under
ss. 973.075 to
973.077 by reason of any act or omission established by the owner of the vehicle to have been committed or omitted without his or her knowledge or consent; and
973.075(1)(b)3.
3. If forfeiture of a vehicle encumbered by a bona fide perfected security interest occurs, the holder of the security interest shall be paid from the proceeds of the forfeiture if the security interest was perfected prior to the date of the commission of the crime which forms the basis for the forfeiture and he or she neither had knowledge of nor consented to the act or omission.
973.075(1)(c)
(c) All remote sensing equipment, navigational devices, survey equipment and scuba gear and any other equipment or device used in the commission of a crime relating to a submerged cultural resource in violation of
s. 44.47.
973.075(1)(d)
(d) A tank vessel that violates
s. 144.78 (2) [299.62 (2)] that is owned by a person who, within 5 years before the commission of the current violation, was previously convicted of violating
s. 144.78 (2) [299.62 (2)], but if the tank vessel is encumbered by a bona fide perfected security interest that was perfected before the date of the commission of the current violation and the holder of the security interest neither had knowledge of nor consented to the commission of that violation, the holder of the security interest shall be paid from the proceeds of the forfeiture.
973.075 Note
NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
973.075(2)
(2) A law enforcement officer may seize property subject to this section upon process issued by any court of record having jurisdiction over the property. Except for vehicles used in the commission of a crime in violation of
s. 944.30,
944.31,
944.32,
944.33 or
944.34, seizure without process may be made under any of the following circumstances:
973.075(2)(a)
(a) The seizure is incident to an arrest or a search under a search warrant or an inspection under any administrative or special inspection warrant.
973.075(2)(b)
(b) The property subject to seizure has been the subject of a prior judgment in favor of the state.
973.075(2)(c)
(c) The officer has probable cause to believe that the property is directly or indirectly dangerous to health or safety.
973.075(2)(d)
(d) The officer has probable cause to believe that the property was derived from or realized through a crime or that the property is a vehicle which was used to transport any property or weapon used or to be used or received in the commission of any felony, which was used in the commission of a crime relating to a submerged cultural resource in violation of
s. 44.47 or which was used to cause more than $1,000 worth of criminal damage to cemetery property in violation of
s. 943.01 (2) (d) or
943.012.
973.075(3)
(3) If there is a seizure under
sub. (2) or
s. 342.30 (4) (a), proceedings under
s. 973.076 shall be instituted. Property seized under this section or
s. 342.30 (4) (a) is not subject to replevin, but is deemed to be in the custody of the sheriff of the county in which the seizure was made subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When property is seized under this section or
s. 342.30 (4) (a), the person seizing the property may do any of the following:
973.075(3)(b)
(b) Remove the property to a place designated by it.
973.075(3)(c)
(c) Require the sheriff of the county in which the seizure was made to take custody of the property and remove it to an appropriate location for disposition in accordance with law.
973.075(4)
(4) When property is forfeited under
ss. 973.075 to
973.077, the agency seizing the property may sell the property that is not required by law to be destroyed or transferred to another agency. The agency may retain any vehicle for official use or sell the vehicle. The agency seizing the property may deduct 50% of the amount received for administrative expenses of seizure, maintenance of custody, advertising and court costs and the costs of investigation and prosecution reasonably incurred. The remainder shall be deposited in the school fund as the proceeds of the forfeiture. If the property forfeited under
ss. 973.075 to
973.077 is money, all the money shall be deposited in the school fund.
973.075(5)
(5) All forfeitures under
ss. 973.075 to
973.077 shall be made with due provision for the rights of innocent persons under
sub. (1) (b) 1. to
3. and
(d). Any property seized but not forfeited shall be returned to its rightful owner. Any person claiming the right to possession of property seized may apply for its return to the circuit court for the county in which the property was seized. The court shall order such notice as it deems adequate to be given the district attorney and all persons who have or may have an interest in the property and shall hold a hearing to hear all claims to its true ownership. If the right to possession is proved to the court's satisfaction, it shall order the property returned if:
973.075(5)(a)
(a) The property is not needed as evidence or, if needed, satisfactory arrangements can be made for its return for subsequent use as evidence; or
973.075(5)(b)
(b) All proceedings in which it might be required have been completed.
973.075 Annotation
The critical inquiry under (1) (b) is not whether the vehicle was used in crime, but whether property carried by vehicle was used in crime. State v. One 1971 Oldsmobile Cutlass, 159 W (2d) 718, 464 NW (2d) 851 (Ct. App. 1990).
973.076
973.076
Forfeiture proceedings.
