AB75-ASA1,1706,1816
961.41
(5) (c) 1. The first $850,000 plus two-thirds of all moneys in excess of
17$1,275,000 collected in each fiscal year from drug surcharges under this subsection
18shall be credited to the appropriation account under s. 20.435
(6) (5) (gb).
AB75-ASA1,1707,720
969.13
(4) Notice of the order of forfeiture under sub. (1) shall be mailed
21forthwith by the clerk to the defendant and the defendant's sureties at their last
22addresses. If the defendant does not appear and surrender to the court within 30
23days from the date of the forfeiture and within such period the defendant or the
24defendant's sureties do not satisfy the court that appearance and surrender by the
25defendant at the time scheduled for the defendant's appearance was impossible and
1without the defendant's fault, the court shall upon motion of the district attorney
2enter judgment for the state against the defendant and any surety for the amount
3of the bail and costs of the court proceeding.
Proceeds Except as provided in sub. (5),
4proceeds of the judgment shall be paid to the county treasurer. The motion and such
5notice of motion as the court prescribes may be served on the clerk who shall
6forthwith mail copies to the defendant and the defendant's sureties at their last
7addresses.
AB75-ASA1, s. 3364m
8Section 3364m. 969.13 (5) (a) of the statutes is renumbered 969.13 (5) and
9amended to read:
AB75-ASA1,1707,1910
969.13
(5) A cash deposit made with the clerk pursuant to this chapter The
11court may order the clerk to hold a cash deposit forfeited under this section for a
12period of time to be determined by the court. If the defendant is ordered to pay
13restitution under s. 973.20 during that period for the criminal action, the cash
14deposit shall be applied first to the payment of any
recompense determined under
15par. (b) and then, if the recompense restitution ordered under s. 973.20 and then, if
16the restitution is paid in full, to the payment of costs. If any amount of such deposit
17remains after the payment of costs, it shall be applied to payment of the judgment
18of forfeiture. The person making the cash deposit shall be given written notice of the
19requirements of this
paragraph subsection.
AB75-ASA1,1707,2322
971.17
(4m) (a) 2. "Member of the family" means spouse,
domestic partner
23under ch. 770, child, sibling, parent or legal guardian.
AB75-ASA1,1708,2
1971.17
(6m) (a) 2. "Member of the family" means spouse,
domestic partner
2under ch. 770, child, sibling, parent or legal guardian.
AB75-ASA1,1708,114
971.23
(10) Payment of copying costs in cases involving indigent defendants. 5When the state public defender or a private attorney appointed under s. 977.08
6requests copies, in any format, of any item that is discoverable under this section, the
7state public defender shall pay any fee charged for the copies from the appropriation
8account under s. 20.550 (1) (f). If the person providing copies under this section
9charges the state public defender a fee for the copies, the fee may not exceed the
10actual, necessary, and direct cost of providing the copies applicable maximum fee for
11copies of discoverable materials that is established by rule under s. 977.02 (9).
AB75-ASA1, s. 3376p
12Section 3376p. 973.01 (2) (d) (intro.) of the statutes is repealed and recreated
13to read:
AB75-ASA1,1708,2114
973.01
(2) (d)
Minimum and maximum term of extended supervision. (intro.)
15Except for a Class B felony, a Class C felony, or a crime described in s. 301.45 (1d) (b),
16the term of extended supervision may not be less than 25 percent nor more 75 percent
17of the length of the term of confinement in prison imposed under par. (b). For a Class
18B felony, a Class C felony, or a crime described in s. 301.45 (1d) (b), the minimum term
19of extended supervision may not be less than 25 percent of the term of confinement
20in prison imposed under par. (b) and the maximum term of extended supervision is
21subject to whichever of the following limits is applicable:
AB75-ASA1,1709,223
973.01
(3d) Positive adjustment time eligibility. (a) When a person is
24sentenced under sub. (1) to a term of confinement in prison, the department of
1corrections shall, applying an objective risk assessment instrument supported by
2research, determine how likely it is that the person will commit another offense.
AB75-ASA1,1709,53
(b) If the department of corrections determines under par. (a) that the person
4poses a high risk of reoffending, the person shall be ineligible to earn positive
5adjustment time under s. 302.113 (2) (b).
AB75-ASA1,1709,137
973.01
(4) No good time; extension Extension or reduction of term of
8imprisonment. A person sentenced to a bifurcated sentence under sub. (1) shall serve
9the term of confinement in prison portion of the sentence without reduction for good
10behavior. The term of confinement in prison portion is subject to extension under s.
11302.113 (3) and, if applicable, to reduction under s. 302.045 (3m), 302.05 (3) (c) 2. a.
,
12302.113 (9g), or 973.195 (1r)
, or adjustment under s. 302.113 (2) (b), 302.1135 (6) (a),
13or 304.06 (1).
AB75-ASA1,1709,1815
973.01
(4m) Discharge from extended supervision. (a) The department may
16discharge a person from extended supervision after he or she has served 2 years of
17extended supervision if the person has met the conditions of extended supervision
18and the reduction is in the interests of justice.
AB75-ASA1,1709,2119
(b) The department shall notify shall notify the victim of the person, as defined
20under s. 950.02 (4) (a), of its intent to discharge the person from extended
21supervision.
AB75-ASA1,1709,2322
(c) The department may promulgate rules under ch. 227 establishing
23guidelines and criteria for the exercise of discretion under this section.
AB75-ASA1,1710,5
1973.01
(7) No discharge Discharge. The department of corrections
may not 2shall discharge a person who is serving a bifurcated sentence from custody, control
3and supervision
until when the person has served the entire bifurcated sentence
, as
4modified under sub. (4m) or s. 302.113 (2) (b) or (9h), 302.1135, or 304.06 (1), if
5applicable.
AB75-ASA1, s. 3381m
6Section 3381m. 973.01 (8) (a) (intro.) of the statutes is amended to read:
AB75-ASA1,1710,97
973.01
(8) (a) (intro.) When a court imposes a bifurcated sentence under this
8section
, it shall explain
, orally and in writing
, all of the following to the person being
9sentenced:
AB75-ASA1,1710,1511
973.01
(8) (a) 2. The amount of time the person will serve in prison under the
12term of confinement in prison portion of the sentence
, and the date upon which the
13person is eligible to be released to extended supervision under s. 302.113 (2) (b) or
14the date upon which the person may apply for release to extended supervision under
15s. 304.06.
AB75-ASA1,1710,2017
973.01
(8) (a) 3. The amount of time the person will spend on extended
18supervision, assuming that the person does not commit any act that results in the
19extension of the term of confinement in prison under s. 302.113 (3)
, and the date upon
20which the person may be eligible for discharge under sub. (4m).
AB75-ASA1,1710,22
22973.015 (title)
Misdemeanors, special Special disposition.
AB75-ASA1,1711,824
973.015
(1) (a) Subject to par. (b)
and except as provided in par. (c), when a
25person is under the age of
21 25 at the time of the commission of an offense for which
1the person has been found guilty in a court for violation of a law for which the
2maximum
penalty is period of imprisonment
for one year or less in the county jail is
36 years or less, the court may order at the time of sentencing that the record be
4expunged upon successful completion of the sentence if the court determines the
5person will benefit and society will not be harmed by this disposition. This
6subsection does not apply to information maintained by the department of
7transportation regarding a conviction that is required to be included in a record kept
8under s. 343.23 (2) (a).
AB75-ASA1,1711,1110
973.015
(1) (c) No court may order that a record of a conviction for any of the
11following be expunged:
AB75-ASA1,1711,1312
1. A Class H felony that is a violent offense, as defined in s. 301.048 (2) (bm),
13or that is a violation of s. 940.32, 948.03 (2) or (3), or 948.095.
AB75-ASA1,1711,1514
2. A Class I felony that is a violent offense, as defined in s. 301.048 (2) (bm), or
15that is a violation of s. 948.23.
AB75-ASA1,1711,2318
973.017
(6) (a) In this subsection, "person responsible for the welfare of the
19child" includes the child's parent, stepparent, guardian,
foster parent, or
treatment 20foster parent; an employee of a public or private residential home, institution, or
21agency; any other person legally responsible for the child's welfare in a residential
22setting; or a person employed by one who is legally responsible for the child's welfare
23to exercise temporary control or care for the child.
AB75-ASA1,1712,7
1973.031 Risk reduction sentence. Whenever a court imposes a sentence for
2a felony under s. 973.01, the court may order the person it sentences to serve a risk
3reduction sentence if the court determines that a risk reduction sentence is
4appropriate and the person agrees to cooperate in an assessment of his or her
5criminogenic factors and his or her risk of reoffending, and to participate in
6programming or treatment the department develops for the person under s. 302.042
7(1).
AB75-ASA1,1712,99
973.045
(1) (a) For each misdemeanor offense or count, $
60 $67.
AB75-ASA1,1712,1111
973.045
(1) (b) For each felony offense or count, $
85 $92.
AB75-ASA1, s. 3390
12Section
3390. 973.045 (1r) (a) 2. of the statutes is amended to read:
AB75-ASA1,1712,1413
973.045
(1r) (a) 2. Part B equals
$20
$27 for each misdemeanor offense or count
14and
$20 $27 for each felony offense or count.
AB75-ASA1,1712,1916
973.045
(2m) The secretary of administration shall credit part A
and 26
17percent of part B of the crime victim and witness surcharge to the appropriation
18account under s. 20.455 (5) (g) and
74 percent of part B to the appropriation account
19under s. 20.455 (5) (gc).
AB75-ASA1,1712,2221
973.05
(2m) (r) To payment of the enforcement surcharge under s.
49.17 253.06 22(4) (c) until paid in full.
AB75-ASA1,1713,224
973.06
(1) (e) Attorney fees payable to the defense attorney by the county or
25the state. If the court determines at the time of sentencing that the defendant's
1financial circumstances are changed, the court may adjust the amount in accordance
2with s. 977.07 (1) (a) and
(2) rules promulgated under s. 977.02 (3).
AB75-ASA1,1713,104
973.09
(3) (d) The department may petition the sentencing court to modify a
5person's period of probation and to discharge the person from probation if the person
6has completed less than 50 percent of his or her period of probation. The court may
7modify the person's period of probation and order the person discharged from
8probation if the person has complied with the conditions of his or her probation, has
9paid restitution ordered under s. 973.20, and has paid all ordered court costs, fines
10or forfeitures, and supervision fees.
AB75-ASA1,1713,1512
973.09
(5) (intro.) When the period of probation for a probationer has expired
13or a court has modified a probationer's period of probation under sub. (3) (d), the
14probationer shall be discharged from probation and the department shall do all of the
15following:
AB75-ASA1,1713,2317
973.195
(1r) (a) An inmate who is serving a sentence imposed under s. 973.01
18before the effective date of this paragraph .... [LRB inserts date], for a crime other
19than a Class B felony may petition the sentencing court to adjust the sentence if the
20inmate has served at least the applicable percentage of the term of confinement in
21prison portion of the sentence. If an inmate is subject to more than one sentence
22imposed under this section, the sentences shall be treated individually for purposes
23of sentence adjustment under this subsection.
AB75-ASA1,1714,3
1973.195
(1r) (j) An inmate who submits a petition under this subsection may
2not apply under s. 304.06 (1) (bg) 3. or 4. for release to extended supervision for any
3crime committed prior to the effective date of this paragraph .... [LRB inserts date].
AB75-ASA1,1714,136
974.07
(4) (b) Notwithstanding the limitation on the disclosure of mailing
7addresses from completed information cards submitted by victims under ss. 51.37
8(10) (dx), 301.046 (4) (d), 301.048 (4m) (d), 301.38 (4), 302.105 (4), 304.06 (1) (f),
9304.063 (4), 938.51 (2), 971.17 (6m) (d), and 980.11 (4), the department of corrections,
10the
parole earned release review commission, and the department of health services
11shall, upon request, assist clerks of court in obtaining information regarding the
12mailing address of victims for the purpose of sending copies of motions and notices
13of hearings under par. (a).
AB75-ASA1,1715,215
976.03
(23) (c) The application shall be verified by affidavit, shall be executed
16in duplicate and shall be accompanied by 2 certified copies of the indictment
17returned, or information and affidavit filed, or of the complaint made to a judge,
18stating the offense with which the accused is charged, or of the judgment of
19conviction or of the sentence. The prosecuting officer,
parole earned release review 20commission, warden or sheriff may also attach such further affidavits and other
21documents in duplicate as he, she or it deems proper to be submitted with the
22application. One copy of the application, with the action of the governor indicated
23by endorsement thereon, and one of the certified copies of the indictment, complaint,
24information and affidavits, or of the judgment of conviction or of the sentence shall
1be filed in the office of the governor to remain of record in that office. The other copies
2of all papers shall be forwarded with the governor's requisition.
AB75-ASA1, s. 3398r
3Section 3398r. 977.02 (3) of the statutes is renumbered 977.02 (3) (intro.) and
4amended to read:
AB75-ASA1,1715,115
977.02
(3) (intro.) Promulgate rules regarding the determination of indigency
6of persons entitled to be represented by counsel, other than persons who are entitled
7to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, including the
8time period in which the determination must be made and the criteria to be used to
9determine indigency and partial indigency.
The rules shall specify that, in
10determining indigency, the representative of the state public defender shall do all of
11the following:
AB75-ASA1, s. 3398t
12Section 3398t. 977.02 (3)
(a) to (d) of the statutes are created to read:
AB75-ASA1,1715,1413
977.02
(3) (a) Consider the anticipated costs of effective representation for the
14type of case in which the person seeks representation.
AB75-ASA1,1715,1915
(b) Subject to par. (d), consider assets in the manner described in s. 49.145 (3)
16(a) and treat assets as available to the person to pay the costs of legal representation
17if they exceed the resource limitation under s. 49.145 (3) (a), except that the
18representative of the state public defender shall exclude only the first $30,000 of the
19equity value of the home that serves as the person's homestead.
AB75-ASA1,1715,2220
(c) Subject to par. (d), treat income as available to pay the costs of legal
21representation to the person only if it exceeds the income limitations in s. 49.145 (3)
22(b).
AB75-ASA1,1715,2523
(d) Treat assets or income of the person's spouse as the person's assets or
24income, unless the spouse was the victim of a crime that the person allegedly
25committed.
AB75-ASA1,1716,72
977.02
(9) Promulgate rules establishing the maximum fees that the state
3public defender may pay for copies, in any format, of materials that are subject to
4discovery in cases in which the state public defender or counsel assigned under s.
5977.08 provides legal representation. In promulgating the rules under this
6subsection, the board shall consider information regarding the actual, necessary, and
7direct cost of producing copies of materials that are subject to discovery.
AB75-ASA1,1716,149
977.05
(4) (jm) At the request of an inmate determined by the state public
10defender to be indigent or upon referral of
a court
the department of corrections 11under s.
302.113 (9g) (j) 302.1135 (10), represent the inmate in proceedings for
12modification of a
bifurcated sentence under s.
302.113 (9g) before a program review
13committee and the sentencing court 302.1135 before the earned release review
14commission, if the state public defender determines the case should be pursued.
AB75-ASA1,1716,2016
977.06
(1) (a) Verify the information necessary to determine indigency under
17s. 977.07 (2) rules promulgated under s. 977.02 (3). The information provided by a
18person seeking assigned counsel that is subject to verification shall include any
19social security numbers provided on an application under sub. (1m), income records,
20value of assets, eligibility for public assistance, and claims of expenses.
AB75-ASA1,1717,522
977.06
(2) (a) A person seeking to have counsel assigned for him or her under
23s. 977.08, other than a person who is entitled to be represented by counsel under s.
2448.23, 51.60, 55.105, or 938.23, shall sign a statement declaring that he or she has
25not disposed of any assets for the purpose of qualifying for that assignment of
1counsel. If the representative or authority making the indigency determination
2finds that any asset was disposed of for less than its fair market value for the purpose
3of obtaining that assignment of counsel, the asset shall be counted under
s. 977.07
4(2) rules promulgated under s. 977.02 (3) at its fair market value at the time it was
5disposed of, minus the amount of compensation received for the asset.
