973.033 Annotation
Failure to give the warning under this section does not prevent a conviction under s. 941.29. State v. Phillips, 172 W (2d) 391, 493 NW (2d) 270 (Ct. App. 1992).
973.034 History
History: 1995 a. 265;
1997 a. 220.
973.035
973.035
Transfer to state-local shared correctional facilities. Any person serving a sentence of imprisonment to the Wisconsin state prisons, a county jail, a county reforestation camp or a county house of correction or serving a sentence to the intensive sanctions program may be transferred to a state-local shared correctional facility under
s. 302.45 (1).
973.04
973.04
Credit for imprisonment under earlier sentence for the same crime. When a sentence is vacated and a new sentence is imposed upon the defendant for the same crime, the department shall credit the defendant with confinement previously served.
973.04 History
History: 1983 a. 66,
528.
973.04 Annotation
While periods of time served due to an indigent's inability to post bail prior to trial must be credited as time served on a prison sentence imposed, a court need not credit time served by an indigent offender against probationary confinement. State v. Avila, 192 W (2d) 870, 532 NW (2d) 423 (Ct. App. 1995).
973.045
973.045
Crime victim and witness assistance surcharge. 973.045(1)(1) On or after October 1, 1983, 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:
973.045(2)
(2) After the clerk determines the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under
s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer under
s. 59.25 (3) (f) 2.
973.045(3)(a)(a) The clerk shall record the crime victim and witness surcharge in 2 parts. Part A is the portion that the state treasurer shall credit to the appropriation account under
s. 20.455 (5) (g) and part B is the portion that the state treasurer shall credit to the appropriation account under
s. 20.455 (5) (gc), as follows:
973.045(3)(a)1.
1. Part A equals $30 for each misdemeanor offense or count and $50 for each felony offense or count.
973.045(3)(a)2.
2. Part B equals $20 for each misdemeanor offense or count and $20 for each felony offense or count.
973.045(3)(b)
(b) The person paying the crime victim and witness surcharge shall pay all of the moneys due under part A before he or she pays any of the moneys due under part B.
973.045(4)
(4) If an inmate in a state prison or a person sentenced to a state prison has not paid the crime victim and witness assistance surcharge under this section, the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the state treasurer.
973.046
973.046
Deoxyribonucleic acid analysis surcharge. 973.046(1)(1) If a court imposes a sentence or places a person on probation under any of the following circumstances, the court shall impose a deoxyribonucleic acid analysis surcharge of $250:
973.046(2)
(2) After the clerk of court determines the amount due, the clerk shall collect and transmit the amount to the county treasurer under
s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer under
s. 59.25 (3) (f) 2.
973.046(3)
(3) All moneys collected from deoxyribonucleic acid analysis surcharges shall be deposited by the state treasurer as specified in
s. 20.455 (2) (Lm) and utilized under
s. 165.77.
973.046(4)
(4) If an inmate in a state prison or a person sentenced to a state prison has not paid the deoxyribonucleic acid analysis surcharge under this section, the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the state treasurer.
973.046 Annotation
The requirement in sub. (1) (a) that persons convicted of burglary under s. 943.10 pay the DNA analysis surcharge has no rational basis and is unconstitutional. The remainder of the section is not invalid. State v. Trepanier, 204 W (2d) 505, 555 NW (2d) 394 (Ct. App. 1996).
973.047
973.047
Deoxyribonucleic acid analysis requirements. 973.047(1)(a)(a) If a court imposes a sentence or places a person on probation for a violation of
s. 940.225,
948.02 (1) or
(2) or
948.025, the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis.
973.047(1)(b)
(b) Except as provided in
par. (a), if a court imposes a sentence or places a person on probation for any violation under
ch. 940,
944 or
948 or
ss. 943.01 to
943.15, the court may require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis.
973.047(1)(c)
(c) The results from deoxyribonucleic acid analysis of a specimen under
par. (a) or
(b) may be used only as authorized under
s. 165.77 (3). The state crime laboratories shall destroy any such specimen in accordance with
s. 165.77 (3).
973.047(2)
(2) The department of justice shall promulgate rules providing for procedures for defendants to provide specimens under
sub. (1) and for the transportation of those specimens to the state crime laboratories for analysis under
s. 165.77.
973.047 History
History: 1993 a. 16,
98,
227;
1995 a. 440.
973.048
973.048
Sex offender reporting requirements. 973.048(1m)(1m) Except as provided in
sub. (2m), if a court imposes a sentence or places a person on probation for any violation, or for the solicitation, conspiracy or attempt to commit any violation, under
ch. 940,
944 or
948 or
ss. 943.01 to
943.15, the court may require the person to comply with the reporting requirements under
s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in
s. 980.01 (5), and that it would be in the interest of public protection to have the person report under
s. 301.45.
973.048(2m)
(2m) If a court imposes a sentence or places a person on probation for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of
s. 940.22 (2),
940.225 (1),
(2) or
(3),
944.06,
948.02 (1) or
(2),
948.025,
948.05,
948.055,
948.06,
948.07,
948.08,
948.11 or
948.30, or of
s. 940.30 or
940.31 if the victim was a minor and the person was not the victim's parent, the court shall require the person to comply with the reporting requirements under
s. 301.45 unless the court determines, after a hearing on a motion made by the person, that the person is not required to comply under
s. 301.45 (1m).
973.048(3)
(3) In determining under
sub. (1m) whether it would be in the interest of public protection to have the person report under
s. 301.45, the court may consider any of the following:
973.048(3)(a)
(a) The ages, at the time of the violation, of the person and the victim of the violation.
973.048(3)(b)
(b) The relationship between the person and the victim of the violation.
973.048(3)(d)
(d) Whether the victim suffered from a mental illness or mental deficiency that rendered him or her temporarily or permanently incapable of understanding or evaluating the consequences of his or her actions.
973.048(3)(e)
(e) The probability that the person will commit other violations in the future.
973.048(3)(g)
(g) Any other factor that the court determines may be relevant to the particular case.
973.048 History
History: 1995 a. 440;
1997 a. 130.
973.05(1)(1) When a defendant is sentenced to pay a fine, the court may grant permission for the payment of the fine, of the penalty assessment imposed by
s. 165.87, the jail assessment imposed by
s. 302.46 (1), the crime victim and witness assistance surcharge under
s. 973.045, the crime laboratories and drug law enforcement assessment imposed by
s. 165.755, any applicable deoxyribonucleic acid analysis surcharge under
s. 973.046, any applicable drug abuse program improvement surcharge imposed by
s. 961.41 (5), any applicable domestic abuse assessment imposed by
s. 971.37 (1m) (c) 1. or
973.055, any applicable driver improvement surcharge imposed by
s. 346.655, any applicable enforcement assessment imposed by
s. 253.06 (4) (c), any applicable weapons assessment imposed by
s. 167.31, any applicable uninsured employer assessment imposed by
s. 102.85 (4), any applicable environmental assessment imposed by
s. 299.93, any applicable wild animal protection assessment imposed by
s. 29.983, any applicable natural resources assessment imposed by
s. 29.987 and any applicable natural resources restitution payment imposed by
s. 29.989 to be made within a period not to exceed 60 days. If no such permission is embodied in the sentence, the fine, the penalty assessment, the jail assessment, the crime victim and witness assistance surcharge, the crime laboratories and drug law enforcement assessment, any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse program improvement surcharge, any applicable domestic abuse assessment, any applicable driver improvement surcharge, any applicable enforcement assessment, any applicable weapons assessment, any applicable uninsured employer assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment and any applicable natural resources restitution payment shall be payable immediately.
973.05 Note
NOTE: Sub. (1) is shown as affected by three acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
973.05(1m)
(1m) If the court orders payment of restitution and a fine and related payments under
s. 973.20, the court may authorize a payment period in excess of the limit imposed under
sub. (1).
973.05(2)
(2) When a defendant is sentenced to pay a fine and is also placed on probation, the court may make the payment of the fine, the penalty assessment, the jail assessment, the crime victim and witness assistance surcharge, the crime laboratories and drug law enforcement assessment, any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse program improvement surcharge, any applicable domestic abuse assessment, any applicable uninsured employer assessment, any applicable driver improvement surcharge, any applicable enforcement assessment under
s. 253.06 (4) (c), any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment and any applicable natural resources restitution payments a condition of probation. When the payments are made a condition of probation by the court, payments thereon shall be applied first to payment of the penalty assessment until paid in full, shall then be applied to the payment of the jail assessment until paid in full, shall then be applied to the payment of part A of the crime victim and witness assistance surcharge until paid in full, shall then be applied to part B of the crime victim and witness assistance surcharge until paid in full, shall then be applied to the crime laboratories and drug law enforcement assessment until paid in full, shall then be applied to the deoxyribonucleic acid analysis surcharge until paid in full, shall then be applied to the drug abuse improvement surcharge until paid in full, shall then be applied to payment of the driver improvement surcharge until paid in full, shall then be applied to payment of the domestic abuse assessment until paid in full, shall then be applied to payment of the natural resources assessment if applicable until paid in full, shall then be applied to payment of the natural resources restitution payment until paid in full, shall then be applied to the payment of the environmental assessment if applicable until paid in full, shall then be applied to the payment of the wild animal protection assessment if applicable until paid in full, shall then be applied to payment of the weapons assessment until paid in full, shall then be applied to payment of the uninsured employer assessment until paid in full, shall then be applied to payment of the enforcement assessment under
s. 253.06 (4) (c), if applicable, until paid in full and shall then be applied to payment of the fine.
973.05(3)(a)(a) In lieu of part or all of a fine imposed by a court, the court may stay the execution of part or all of the sentence and provide that the defendant perform community service work under
pars. (b) and
(c). The amount of the fine actually paid, if any, shall be used to determine any applicable assessment or surcharge under
sub. (1), except that any applicable driver improvement surcharge under
s. 346.655 or any domestic abuse assessment imposed by
s. 973.055 shall be imposed regardless of whether part or all of the sentence has been stayed. If the defendant fails to comply with the community service order, the court shall order the defendant brought before the court for imposition of sentence. If the defendant complies with the community service order, he or she has satisfied that portion of the sentence.
973.05(3)(b)
(b) The court may require that the defendant perform community service work for a public agency or a nonprofit charitable organization. The number of hours of work required may not exceed what would be reasonable considering the seriousness of the offense and any other offense which is read into the record at the time of conviction. An order may only apply if agreed to by the defendant and the organization or agency. The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored.
973.05(3)(c)
(c) Any organization or agency acting in good faith to which a defendant is assigned pursuant to an order under this subsection has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the defendant.
973.05(4)
(4) If a defendant fails to pay the fine, assessment, surcharge or restitution payment within the period specified under
sub. (1) or
(1m), the court may do any of the following:
973.05(4)(a)
(a) Issue a judgment for the unpaid amount and direct the clerk to file and docket a transcript of the judgment, without fee. If the court issues a judgment for the unpaid amount, the court shall send to the defendant at his or her last-known address written notification that a civil judgment has been issued for the unpaid fine, assessment, surcharge or restitution payment. The judgment has the same force and effect as judgments docketed under
s. 806.10.
973.05(4)(b)
(b) Issue an order assigning not more than 25% of the defendant's commissions, earnings, salaries, wages, pension benefits, benefits under
ch. 102 and other money due or to be due in the future to the clerk of circuit court for payment of the unpaid fine, assessment, surcharge or restitution payment. In this paragraph, "employer" includes the state and its political subdivisions.
973.05(4)(c)
(c) Issue an order assigning lottery prizes won by a defendant whose name is on the list supplied to the clerk of circuit court under
s. 565.30 (5r) (a), for payment of the unpaid fine, assessment, surcharge or restitution payment.
973.05(4m)
(4m) As provided in
s. 767.265 (4), a child support withholding assignment under state law has priority over any assignment or order under
sub. (4).
973.05(5)(a)1.1. 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 of circuit court 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 of an assignment under
sub. (4) (b) shall inform the intended recipient that, if a prior assignment under
sub. (4) (b) has been received relating to the same defendant, the recipient is required to notify the clerk of circuit court that sent the subsequent notice of assignment that another assignment has already been received. A notice of assignment shall include a form permitting the recipient to designate on the form that another assignment has already been received.
973.05(5)(a)2.
2. If, after receiving the annual list under
s. 565.30 (5r) (a), the clerk of circuit court determines that a person identified in the list may be subject to an assignment under
sub. (4) (c), the clerk shall inform the court of that determination. If the court issues an order under
sub. (4) (c), the clerk of circuit court shall send the notice of that order to the administrator of the lottery division of the department of revenue, 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 department of revenue when the judgment that is the basis of the assignment has been paid in full.
973.05(5)(a)3.
3. 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 which directs payment.
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
sub. (4) (b) 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 circuit court of the jurisdiction providing notice. If the person has already received a notice of an assignment under
sub. (4) (b), the person shall retain the later assignment and withhold the amount specified in that assignment after the last of any prior assignments is paid in full. Within 10 days of receipt of the later notice, the person shall notify the clerk of circuit court that sent the notice that the person has received a prior notice of an assignment under
sub. (4) (b).
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) 1. the person from whom the defendant receives money fails to withhold the money or send the money to the clerk of circuit court 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
sub. (4) (b) fails to notify the clerk of circuit court 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 workforce development for enforcement of this paragraph.
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;
1997 a. 3,
27,
35,
148,
248; 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),
940.201,
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,
943.011,
943.14,
943.15,
946.49,
947.01,
947.012 or
947.0125 or of a municipal ordinance conforming to
s. 941.20,
940.201,
941.30,
943.01,
943.011,
943.14,
943.15,
946.49,
947.01,
947.012 or
947.0125; and
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
