971.37(1)(c)
(c) Is a guardian or legal custodian of the minor; or
971.37(1)(d)
(d) Is or appears to be in a position of power or control over the minor.
971.37(1m)(a)(a) The district attorney may enter into a deferred prosecution agreement under this section with any of the following:
971.37(1m)(a)2.
2. An adult accused of or charged with a criminal violation of
s. 940.19,
940.20 (1m),
940.201,
940.225,
940.23,
940.285,
940.30,
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 and the conduct constituting the violation 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.
971.37(1m)(b)
(b) The agreement shall provide that the prosecution will be suspended for a specified period if the person complies with conditions specified in the agreement. The agreement shall be in writing, signed by the district attorney or his or her designee and the person, and shall provide that the person waives his or her right to a speedy trial and that the agreement will toll any applicable civil or criminal statute of limitations during the period of the agreement, and, furthermore, that the person shall file with the district attorney a monthly written report certifying his or her compliance with the conditions specified in the agreement. The district attorney shall provide the spouse of the accused person and the alleged victim or the parent or guardian of the alleged victim with a copy of the agreement.
971.37(1m)(c)1.1. The agreement may provide as one of its conditions that a person covered under
sub. (1) (b) or
(c) pay the domestic abuse surcharge under
s. 973.055. Payments and collections under this subdivision are subject to
s. 973.055 (2) to
(4), except as follows:
971.37(1m)(c)1.a.
a. The district attorney shall determine the amount due. The district attorney may authorize less than a full surcharge if he or she believes that full payment would have a negative impact on the offender's family. The district attorney shall provide the clerk of circuit court with the information necessary to comply with
subd. 1. b.
971.37(1m)(c)1.b.
b. The clerk of circuit court shall collect the amount due from the person and transmit it to the county treasurer.
971.37(1m)(c)2.
2. If the prosecution is resumed under
sub. (2) and the person is subsequently convicted, a court shall give the person credit under
s. 973.055 for any amount paid under
subd. 1.
971.37(2)
(2) The written agreement shall be terminated and the prosecution may resume upon written notice by either the person or the district attorney to the other prior to completion of the period of the agreement.
971.37(3)
(3) Upon completion of the period of the agreement, if the agreement has not been terminated under
sub. (2), the court shall dismiss, with prejudice, any charge or charges against the person in connection with the crime specified in
sub. (1m), or if no such charges have been filed, none may be filed.
971.37(4)
(4) Consent to a deferred prosecution under this section is not an admission of guilt and the consent may not be admitted in evidence in a trial for the crime specified in
sub. (1m), except if relevant to questions concerning the statute of limitations or lack of speedy trial. No statement relating to the crime, made by the person in connection with any discussions concerning deferred prosecution or to any person involved in a program in which the person must participate as a condition of the agreement, is admissible in a trial for the crime specified in
sub. (1m).
971.37(5)
(5) This section does not preclude use of deferred prosecution agreements for any alleged violations not subject to this section.
971.38
971.38
Deferred prosecution program; community service work. 971.38(1)(1) Except as provided in
s. 967.055 (3), the district attorney may require as a condition of any deferred prosecution program for any crime 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 alleged offense. An order may only apply if agreed to by the defendant and the organization or agency. The district attorney 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.
971.38(2)
(2) Any organization or agency acting in good faith to which a defendant is assigned pursuant to an order under this section has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the defendant.
971.38 History
History: 1981 c. 88;
1987 a. 101.
971.39
971.39
Deferred prosecution program; agreements with department. 971.39(1)(1) Except as provided in
s. 967.055 (3), in counties having a population of less than 100,000, if a defendant is charged with a crime, the district attorney, the department and a defendant may all enter into a deferred prosecution agreement which includes, but is not limited to, the following conditions:
971.39(1)(a)
(a) The agreement shall be in writing, signed by the district attorney or his or her designee, a representative of the department and the defendant.
971.39(1)(b)
(b) The defendant admits, in writing, all of the elements of the crime charged.
971.39(1)(c)
(c) The defendant agrees to participate in therapy or in community programs and to abide by any conditions imposed under the therapy or programs.
971.39(1)(d)
(d) The department monitors compliance with the deferred prosecution agreement.
971.39(1)(e)
(e) The district attorney may resume prosecution upon the defendant's failure to meet or comply with any condition of a deferred prosecution agreement.
971.39(1)(f)
(f) The circuit court shall dismiss, with prejudice, any charge which is subject to the agreement upon the completion of the period of the agreement, unless prosecution has been resumed under
par. (e).
971.39(2)
(2) Any written admission under
sub. (1) (b) and any statement relating to the crime under
sub. (1) (intro.), made by the person in connection with any discussions concerning deferred prosecution or to any person involved in a program in which the person must participate as a condition of the agreement, are not admissible in a trial for the crime.
971.39 History
History: 1985 a. 29;
1987 a. 101.
971.39 Annotation
A judgment entered pursuant to a plea agreement withholding sentence and placing the defendant on probation for certain counts while entry of judgment on other counts was deferred provided the defendant committed no additional crimes and abided by the terms of probation was not a deferred prosecution agreement subject to this section. State v. Wollenberg, 2004 WI App 20,
268 Wis. 2d 810,
674 N.W.2d 916,
03-1706.
971.40
971.40
Deferred prosecution agreement; placement with volunteers in probation program. The court, district attorney and defendant may enter into a deferred prosecution agreement for the defendant to be placed with a volunteers in probation program under
s. 973.11. The agreement must include the requirement that the defendant comply with the court's order under
s. 973.11 (1).
971.40 History
History: 1991 a. 253.
