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AB231,6,5 15227.112 Review of rules affecting state prosecutors office. (1) Report
16on rules affecting state prosecutors office.
If a proposed rule directly affects the
17state prosecutors office, the agency proposing the rule shall, prior to submitting the
18proposed rule to the legislative council staff under s. 227.15, submit the proposed
19rule to the state prosecutors office. The state prosecutors office shall prepare a report

1on the proposed rule before it is submitted to the legislative council staff under s.
2227.15. The state prosecutors office may request any information from other state
3agencies, local governments, individuals, or organizations that is reasonably
4necessary for the office to prepare the report. The state prosecutors office shall
5prepare the report within 30 days after the rule is submitted to the office.
AB231,6,8 6(2) Findings of the office to be contained in the report. The report of the
7state prosecutors office shall contain information about the effect of the proposed
8rule on the state prosecutors office.
AB231,6,10 9(3) Applicability. This section does not apply to emergency rules promulgated
10under s. 227.24.
AB231,11 11Section 11. 227.19 (3) (em) of the statutes is created to read:
AB231,6,1312 227.19 (3) (em) The report of the state prosecutors office, if the proposed rule
13directly affects the state prosecutors office.
AB231,12 14Section 12. 230.08 (2) (qp) of the statutes is created to read:
AB231,6,1615 230.08 (2) (qp) The executive director and legislative liaison in the office of
16state prosecutors.
AB231,13 17Section 13. 230.33 (1) of the statutes is amended to read:
AB231,7,318 230.33 (1) A person appointed to an unclassified position by the governor,
19elected officer, judicial body, or prosecutor board, or by a legislative body or
20committee shall be granted a leave of absence without pay for the duration of the
21appointment and for 3 months thereafter, during which time the person has
22restoration rights to the former position or equivalent position in the department in
23which last employed in a classified position without loss of seniority. The person
24shall also have reinstatement privileges for 5 years following appointment to the
25unclassified service or for one year after termination of the unclassified appointment

1whichever is longer. Restoration rights and reinstatement privileges shall be
2forfeited if the reason for termination of the unclassified appointment would also be
3reason for discharge from the former position in the classified service.
AB231,14 4Section 14. 978.001 (1b), (1d) and (1n) of the statutes are created to read:
AB231,7,55 978.001 (1b) “Board" means the prosecutor board.
AB231,7,7 6(1d) “Executive director" means the executive director appointed under s.
7978.003 (3).
AB231,7,8 8(1n) “Office" means the state prosecutors office.
AB231,15 9Section 15. 978.001 (1p) of the statutes is repealed.
AB231,16 10Section 16. 978.003 of the statutes is created to read:
AB231,7,11 11978.003 Board; duties. The board shall do all of the following:
AB231,7,13 12(1) Submit the budget in accordance with s. 16.42 after the executive director
13submits the budget to the board and the board approves it.
AB231,7,15 14(2) At least annually submit to the joint committee on finance
15recommendations on the allocation of prosecutor resources.
AB231,7,17 16(3) Appoint an attorney with experience in criminal prosecution as the
17executive director of the office.
AB231,7,18 18(4) Oversee, and set policy initiatives for, the executive director.
AB231,7,20 19(5) Review existing law or proposed legislation and make recommendations to
20the legislature.
AB231,17 21Section 17. 978.004 of the statutes is created to read:
AB231,7,23 22978.004 State prosecutors office executive director. (1) The executive
23director shall do all of the following:
AB231,7,2524 (a) Manage and direct the office subject to the policy initiatives set under s.
25978.003 (4).
AB231,8,2
1(b) Prepare and submit to the board for its approval a budget and any personnel
2and employment policies that the board requires.
AB231,8,43 (c) Prepare and submit to the board and other appropriate persons an annual
4report of the activities of the office in the form that the board directs.
AB231,8,65 (d) Represent the board before the governor, the legislature, bar associations,
6courts, and other appropriate entities.
AB231,8,137 (e) Appoint in the classified service an executive assistant and all other
8employees of the office. Before making an appointment under this paragraph, the
9executive director shall notify the board of any prospective appointment. If the board
10does not object to the prospective appointment within 7 working days after
11notification, the executive director may make the appointment. If the board objects
12to a prospective appointment, the executive director may not make the appointment
13until the board approves it.
AB231,8,2114 (f) Prepare fiscal estimates on bills affecting prosecutors or the office, including
15bills modifying or creating crimes or sentencing practices. To prepare a fiscal
16estimate, the executive director shall consult with and obtain data from district
17attorneys. The executive director shall transmit a draft fiscal estimate to the board.
18If the board does not object to the draft fiscal estimate within 7 working days after
19receiving it, the executive director may submit the fiscal estimate. If the board
20objects to a draft fiscal estimate, the executive director may not submit the fiscal
21estimate until the board approves it.
AB231,8,24 22(2) The executive director may identify methods and practices for district
23attorneys that promote professional competence, ethical practices, and
24evidence-based practices.
AB231,18 25Section 18. 978.005 of the statutes is created to read:
AB231,9,6
1978.005 Limits on board and executive director. Neither the board nor
2the executive director may make any decision regarding the handling of any case nor
3interfere with any district attorney in carrying out professional duties. Neither the
4board nor the office may interfere with or infringe upon the autonomy of a district
5attorney or upon the authority of a district attorney to manage his or her own
6prosecutorial unit.
AB231,19 7Section 19. 978.03 of the statutes is amended to read:
AB231,9,18 8978.03 Deputies and assistants in certain prosecutorial units. (1) The
9district attorney of any prosecutorial unit having a population of 500,000 or more
10may appoint 7 deputy district attorneys and such assistant district attorneys as may
11be requested by the department of administration, or by the board, and authorized
12in accordance with s. 16.505. The district attorney shall rank the deputy district
13attorneys for purposes of carrying out duties under this section. The deputies,
14according to rank, may perform any duty of the district attorney, under the district
15attorney's direction. In the absence or disability of the district attorney, the deputies,
16according to rank, may perform any act required by law to be performed by the
17district attorney. Any such deputy must have practiced law in this state for at least
182 years prior to appointment under this section.
AB231,9,25 19(1m) The district attorney of any prosecutorial unit having a population of
20200,000 or more but not more than 499,999 may appoint 3 deputy district attorneys
21and such assistant district attorneys as may be requested by the department of
22administration, or by the board, and authorized in accordance with s. 16.505. The
23district attorney shall rank the deputy district attorneys for purposes of carrying out
24duties under this section. The deputies, according to rank, may perform any duty
25of the district attorney, under the district attorney's direction. In the absence or

1disability of the district attorney, the deputies, according to rank, may perform any
2act required by law to be performed by the district attorney. Any such deputy must
3have practiced law in this state for at least 2 years prior to appointment under this
4section.
AB231,10,13 5(2) The district attorney of any prosecutorial unit having a population of
6100,000 or more but not more than 199,999 may appoint one deputy district attorney
7and such assistant district attorneys as may be requested by the department of
8administration, or by the board, and authorized in accordance with s. 16.505. The
9deputy may perform any duty of the district attorney, under the district attorney's
10direction. In the absence or disability of the district attorney, the deputy may
11perform any act required by law to be performed by the district attorney. The deputy
12must have practiced law in this state for at least 2 years prior to appointment under
13this section.
AB231,10,19 14(3) Any assistant district attorney under sub. (1), (1m), or (2) must be an
15attorney admitted to practice law in this state and, except as provided in s. 978.043
16(1), may perform any duty required by law to be performed by the district attorney.
17The district attorney of the prosecutorial unit under sub. (1), (1m), or (2) may appoint
18such temporary counsel as may be authorized by the department of administration
19board.
AB231,20 20Section 20. 978.045 (1g) of the statutes is amended to read:
AB231,11,721 978.045 (1g) A court on its own motion may appoint a special prosecutor under
22sub. (1r) or a district attorney may request a court to appoint a special prosecutor
23under that subsection. Before a court appoints a special prosecutor on its own motion
24or at the request of a district attorney for an appointment that exceeds 6 hours per
25case, the court or district attorney shall request assistance from a district attorney,

1deputy district attorney or assistant district attorney from other prosecutorial units
2or an assistant attorney general. A district attorney requesting the appointment of
3a special prosecutor, or a court if the court is appointing a special prosecutor on its
4own motion, shall notify the department of administration, on a form provided by
5that department, of
office that the district attorney's attorney or the court's inability
6court, whichever is appropriate, is unable to obtain assistance from another
7prosecutorial unit or from an assistant attorney general.
AB231,21 8Section 21. 978.045 (1r) (bm) (intro.) of the statutes is amended to read:
AB231,11,159 978.045 (1r) (bm) (intro.) The judge may appoint an attorney as a special
10prosecutor at the request of a district attorney to assist the district attorney in the
11prosecution of persons charged with a crime, in grand jury proceedings, in
12proceedings under ch. 980, or in investigations. The judge may appoint an attorney
13as a special prosecutor only if the judge or the requesting district attorney submits
14an affidavit to the department of administration office attesting that any of the
15following conditions exists:
AB231,22 16Section 22. 978.045 (2) of the statutes is amended to read:
AB231,12,217 978.045 (2) If the department of administration office approves the
18appointment of a special prosecutor under sub. (1r), the court shall fix the amount
19of compensation for the attorney appointed according to the rates specified in s.
20977.08 (4m) (b). The department of administration shall pay the compensation
21ordered by the court from the appropriation under s. 20.475 (1) (d). The court, district
22attorney, and the special prosecutor shall provide any information regarding a
23payment of compensation that the department requests. Any payment under this
24subsection earns interest on the balance due from the 121st day after receipt of a
25properly completed invoice or receipt and acceptance of the property or service under

1the order or contract, whichever is later, at the rate specified in s. 71.82 (1) (a)
2compounded monthly.
AB231,23 3Section 23. 978.05 (9) of the statutes is amended to read:
AB231,12,64 978.05 (9) Budget. Prepare a biennial budget request for submission to the
5department executive director under s. 978.11 978.004 (1) (b) by September 1 of each
6even-numbered year.
AB231,24 7Section 24. 978.11 of the statutes is repealed.
AB231,25 8Section 25. 978.12 (1) (c) of the statutes is amended to read:
AB231,12,199 978.12 (1) (c) Assistant district attorneys. Assistant district attorneys shall be
10employed outside the classified service. For purposes of salary administration, the
11administrator of the division of personnel management in the department of
12administration, in consultation with the office, shall establish one or more
13classifications for assistant district attorneys in accordance with the classification
14or classifications allocated to assistant attorneys general. Except as provided in ss.
15111.93 (3) (b) and 230.12 (10), the salaries of assistant district attorneys shall be
16established and adjusted in accordance with the state compensation plan for
17assistant attorneys general whose positions are allocated to the classification or
18classifications established by the administrator of the division of personnel
19management in the department of administration
under this paragraph.
AB231,26 20Section 26. Nonstatutory provisions.
AB231,13,221 (1) Initial terms for prosecutor board members. Notwithstanding section
2215.77 of the statutes, of the members of the prosecutor board who are appointed as
23initial members, one member representing each district under section 752.11 (1) (b)
24and (d) of the statutes and one member under section 15.77 (3) of the statutes shall
25serve for a one-year term and one member representing the district under section

1752.11 (1) (c) of the statutes, one member under section 15.77 (2) of the statutes, and
2one member under section 15.77 (3) of the statutes shall serve for a 2-year term.
AB231,13,33 (2) Transfer of state prosecutors office.
AB231,13,74 (a) Assets and liabilities. On the effective date of this paragraph, the assets and
5liabilities of the department of administration that are primarily related to the state
6prosecutors office, as determined by the secretary of administration, become the
7assets and liabilities of the prosecutor board.
AB231,13,118 (b) Tangible personal property. On the effective date of this paragraph, all
9tangible personal property, including records, of the department of administration
10that is primarily related to the state prosecutors office, as determined by the
11secretary of administration, is transferred to the prosecutor board.
AB231,13,1712 (c) Contracts. All contracts entered into by the department of administration
13that are primarily related to the state prosecutors office, as determined by the
14secretary of administration, in effect on the effective date of this paragraph, remain
15in effect and are transferred to the prosecutor board. The prosecutor board shall
16carry out any such contractual obligations unless modified or rescinded by the
17prosecutor board to the extent allowed under the contract.
AB231,13,2318 (d) Pending matters. Any matter pending with the department of
19administration that is primarily related to the state prosecutors office, as
20determined by the secretary of administration, on the effective date of this
21paragraph, is transferred to the prosecutor board, and all materials submitted to or
22actions taken by the department of administration, with respect to the pending
23matter are considered as having been submitted to or taken by the prosecutor board.
AB231,14,324 (e) Rules and orders. All rules promulgated for the department of
25administration that are primarily related to the state prosecutors office, as

1determined by the secretary of administration, that are in effect on the effective date
2of this paragraph remain in effect until their specified expiration dates or until
3amended or repealed by the prosecutor board.
AB231,14,44 (End)
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