AB150-engrossed, s. 7257k Section 7257k. 973.095 of the statutes is created to read:

AB150-engrossed,2469,13 973.095 Community supervision. (1) If a person is convicted of a misdemeanor to which s. 939.615 (1) applies, a court may impose sentence, impose sentence and stay its execution or withhold sentence and, in any case, may place the person on community supervision to the department for a stated period not exceeding one year. A person placed on community supervision under this subsection shall be monitored by a probation and parole agent of the department.

AB150-engrossed,2469,15 (2) A court may impose one or more of the following conditions when placing a person on community supervision under sub. (1):

AB150-engrossed,2469,16 (a) Payment of any fine and any assessments, surcharges, costs or fees imposed.

AB150-engrossed,2469,17 (b) Community service, as provided under sub. (3).

AB150-engrossed,2469,18 (c) Restitution, as provided under sub. (5).

AB150-engrossed,2469,19 (d) Alcohol and other drug abuse counseling, as provided under sub. (6).

AB150-engrossed,2470,3 (3) (a) The court may require as a condition of community supervision that the person placed on community supervision 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. An order may only apply if agreed to by the person placed on community supervision and the organization or agency. The court shall ensure that the person placed on community supervision is provided a written statement of the terms of the community service order and that the community service order is monitored by the department.

AB150-engrossed,2470,7 (b) Any organization or agency acting in good faith to which a person placed on community supervision is assigned under 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 person placed on community supervision.

AB150-engrossed,2470,15 (4) (a) If the court does not order community supervision under sub. (3), the department may order that a person placed on community supervision perform community service work for a public agency or a nonprofit charitable organization. An order may apply only if agreed to by the person placed on community supervision and the organization or agency. The department shall ensure that the person placed on community supervision is provided a written statement of the terms of the community service order and shall monitor the person's compliance with the community service order.

AB150-engrossed,2470,21 (b) Any organization or agency acting in good faith to which a person placed on community supervision is assigned under 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 person placed on community supervision. The department has immunity from any civil liability for acts or omissions by or impacting on the person placed on community supervision regarding the assignment under this subsection.

AB150-engrossed,2471,3 (5) (a) If the court places the person on community supervision, the court shall order the person to pay restitution under s. 973.20 unless the court finds there is substantial reason not to order restitution as a condition of community supervision. If the court does not require restitution to be paid to a victim, the court shall state its reason on the record. If the court does require restitution, it shall notify the department of justice of its decision if the victim may be eligible for compensation under ch. 949.

AB150-engrossed,2471,15 (b) The department shall notify the sentencing court, any person to whom unpaid restitution is owed and the district attorney of the status of the ordered payments unpaid at least 90 days before the community supervision expiration date. If payment as ordered has not been made, the court shall issue a judgment for the unpaid restitution and direct the clerk to file and docket a transcript of the judgment, without fee, unless it finds that the victim has already recovered a judgment against the person placed on community supervision for the damages covered by the restitution order. If the court issues a judgment for the unpaid restitution, the court shall send to the person placed on community supervision and the victim at his or her last-known address written notification that a civil judgment has been issued for the unpaid restitution. The judgment has the same force and effect as judgments docketed under s. 806.10.

AB150-engrossed,2471,21 (6) The court may order a person placed on community supervision to submit to and comply with an assessment by a treatment facility approved by the court for examination of the person's use of alcohol or other drugs and, if necessary, development of an alcohol or other drug abuse treatment plan for the person. The court may require the person placed on community supervision to pay the reasonable costs of an assessment and treatment ordered under this subsection.

AB150-engrossed,2472,3 (7) If the court has not ordered an assessment and treatment under sub. (6), the department may order a person placed on community supervision to submit to and comply with an assessment by a treatment facility approved by the department for examination of the person's use of alcohol or other drugs and, if necessary, development of an alcohol or other drug abuse treatment plan for the person. The department may require the person placed on community supervision to pay the reasonable costs of an assessment and treatment ordered under this subsection.

AB150-engrossed,2472,7 (8) When the person placed on community supervision has satisfied the conditions of his or her community supervision, the person placed on community supervision shall be discharged and the department shall issue the person a certificate of final discharge, a copy of which shall be filed with the clerk.

AB150-engrossed,2472,11 (9) A person who violates or fails to comply with community supervision ordered under sub. (1) may be proceeded against for contempt of court under ch. 785, except that a court may impose only the remedial sanctions specified in s. 785.04 (1) against that person.

AB150-engrossed, s. 7258 Section 7258. 973.135 (title) of the statutes is amended to read:

AB150-engrossed,2472,14 973.135 (title) Courts to report convictions to the state superintendent department of public instruction education.

AB150-engrossed, s. 7259 Section 7259. 973.135 (1) (a) of the statutes is renumbered 973.135 (1) (am).

AB150-engrossed, s. 7260 Section 7260. 973.135 (1) (a) of the statutes is created to read:

AB150-engrossed,2472,17 973.135 (1) (a) "Department" means the department of education.

AB150-engrossed, s. 7261 Section 7261. 973.135 (1) (b) of the statutes is repealed.

AB150-engrossed, s. 7262 Section 7262. 973.135 (2) of the statutes is amended to read:

AB150-engrossed,2472,25 973.135 (2) If a court determines that a person convicted of a crime specified in ch. 948, including a crime specified in s. 948.015, a felony for which the maximum term of imprisonment is at least 5 years, 4th degree sexual assault under s. 940.225 (3m) or a crime in which the victim was a child, is employed by an educational agency, the clerk of the court in which such conviction occurred shall promptly forward to the state superintendent department the record of conviction.

AB150-engrossed, s. 7263 Section 7263. 973.135 (3) of the statutes is amended to read:

AB150-engrossed,2473,4 973.135 (3) If a conviction under sub. (2) is reversed, set aside or vacated, the clerk of the court shall promptly forward to the state superintendent department a certificate stating that the conviction has been reversed, set aside or vacated.

AB150-engrossed, s. 7263bd Section 7263bd. 973.20 (1) of the statutes is amended to read:

AB150-engrossed,2473,16 973.20 (1) When imposing sentence or ordering probation or community supervision for any crime, the court, in addition to any other penalty authorized by law, shall order the defendant to make full or partial restitution under this section to any victim of the crime or, if the victim is deceased, to his or her estate, unless the court finds substantial reason not to do so and states the reason on the record. Restitution ordered under this section is a condition of probation , community supervision or parole served by the defendant for the crime. After the termination of probation, community supervision or parole, or if the defendant is not placed on probation, community supervision or parole, restitution ordered under this section is enforceable in the same manner as a judgment in a civil action by the victim named in the order to receive restitution or enforced under ch. 785.