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AB548,8,107 775.05 (2) (b) Paragraph (a) does not apply to a person who is imprisoned as
8the result of his or her conviction for a felony in any court of this state arising from
9the same course of conduct that resulted in conviction for the crime of which the
10person claims to be innocent if the person does not claim to be innocent of that felony.
AB548,8,1411 (c) Paragraph (a) does not apply to a person who is convicted of a violent crime
12specified in s. 939.632 (1) (e) 1. or 2. after his or her release from imprisonment. A
13person who is ineligible to petition for compensation under this paragraph is also
14ineligible to receive any award of compensation that has not been paid.
AB548,8,17 15(2m) (a) In this subsection, an individual who has the right to inherit assets
16of a person is limited to a surviving spouse or domestic partner, child, parent, or
17sibling, who would have a right to inherit assets of the person under s. 852.01.
AB548,9,918 (b) Any individual specified in par. (a) who has the right to inherit assets of a
19person who has the right to petition the claims board for compensation under sub.
20(2) may, within one year after the death of such a person, exercise the rights of the
21person to petition for compensation under sub. (2) (a) on behalf of the deceased
22person. If more than one individual has that right, the individuals having that right
23may file a joint petition or any individual or individuals may file a petition for
24whatever portion of the compensation that would otherwise be payable to the
25deceased person that the individual or individuals would be entitled to receive as an

1inheritance had the award been paid before the death of the decedent. If, at the time
2of death of a person, the person qualified or would qualify to receive compensation
3under sub. (4) but has not been paid, any such individual or individuals may, within
4one year of the death of the person, file a claim with the claims board for
5compensation to be awarded on the decedent's behalf in whatever share of the
6compensation that was payable to the petitioner that the individual or individuals
7would be entitled to receive as an inheritance. The claims board shall pay a claim
8filed by any individual under this subsection if the board determines that the
9individual or individuals are entitled to be paid under this subsection.
AB548,9,1310 (c) An individual's right to exercise the rights of a deceased person or to file a
11claim on a decedent's behalf is independent of any right to inherit from the decedent
12under the decedent's will. Any compensation paid to any individual under this
13subsection is not a part of the decedent's estate for purposes of the decedent's will.
AB548,12 14Section 12. 775.05 (3) and (4) of the statutes are amended to read:
AB548,9,2515 775.05 (3) After hearing the evidence on the petition, the claims board Within
165 days after the claims board receives a petition under sub. (2) (a), the department
17of administration shall refer the petition to the division of hearings and appeals. No
18later than 30 days after the petition is filed, the department of administration or the
19office of the prosecutor who was responsible for prosecuting the petitioner may file
20a written request with the claims board for an evidentiary hearing on the petition.
21The department of administration shall refer the request to the division within 5
22days after the claims board receives the request. If a timely request for a hearing is
23filed, or if the division concludes that it cannot determine the petitioner's eligibility
24for compensation without a hearing, the division shall hold a hearing on the petition
25no later than 60 days after the petition is filed. If no request for a hearing is filed

1within the time specified in this subsection, and the division is able to determine that
2the petitioner is eligible for compensation without a hearing, the division shall decide
3the matter without a hearing, except that the division shall not deny a petition for
4compensation without affording the petitioner an opportunity for a hearing. The
5division
shall find either that the preponderance of evidence is clear and convincing
6demonstrates that the petitioner was innocent of the crime for which he or she
7suffered imprisonment, or that the preponderance of evidence is not clear and
8convincing
does not demonstrate that he or she was innocent.
AB548,11,6 9(4) If the claims board division of hearings and appeals finds that the
10preponderance of evidence demonstrates that the petitioner was innocent and that
11he or she did not by his or her act or failure to act contribute to bring about the
12conviction and imprisonment for which he or she seeks compensation, the claims
13board
of the crime for which he or she was imprisoned, the division shall transmit
14its findings to the claims board. The claims board
shall find the amount which will
15equitably compensate the petitioner, not to exceed $25,000 and at a rate of
16compensation not greater than $5,000 of $50,000, or the amount determined under
17sub. (4m) (a), whichever applies,
per year, prorated daily, for the imprisonment.
18Compensation awarded by the claims board In addition, the claims board shall
19include find any amount to which the board finds the petitioner is entitled for
20reasonable, actual attorney fees, together with all costs and disbursements incurred
21by the petitioner in his or her defense, postconviction, and compensation proceedings
22and all fees, surcharges, and restitution paid by the petitioner as a result of his or
23her arrest and imprisonment. The claims board shall subtract any moneys received
24by the petitioner under s. 808.085
. If the claims board finds that the amount it is able
25to award find is not an adequate compensation it shall submit a report specifying an

1amount which it considers adequate to the chief clerk of each house of the legislature,
2for distribution to the legislature under s. 13.172 (2). The claims board shall, subject
3to sub. (4g), award the compensation specified in the decision and order
4disbursement, pursuant to sub. (4d), of the award to the petitioner or any other
5individual who is entitled to receive a payment from the appropriation under s.
620.505 (4) (d), except that the total amount of the award may not exceed $1,000,000.
AB548,13 7Section 13. 775.05 (4c) of the statutes is created to read:
AB548,11,128 775.05 (4c) The claims board shall develop and issue a pamphlet regarding
9financial information management services to each petitioner or other individual to
10whom the claims board awards compensation under sub. (4). The pamphlet shall
11include Internet site addresses or other general contact information for publicly
12available financial management tools and resources.
AB548,14 13Section 14. 775.05 (4d) of the statutes is created to read:
AB548,11,1614 775.05 (4d) The claims board may award the compensation specified in the
15decision under sub. (4) in an annuity payable over an amount of time determined by
16the claims board, but not to exceed the time the petitioner was imprisoned.
AB548,15 17Section 15. 775.05 (4g) and (4h) of the statutes are created to read:
AB548,12,218 775.05 (4g) (a) As a condition of eligibility for compensation under sub. (4), a
19petitioner shall automatically assign to the claims board his or her right to any
20settlement, judgment, or award that may be obtained against any 3rd party in any
21federal or state action for damages related to wrongful imprisonment for the crime
22specified in sub. (2) (a). The petition shall, in itself, constitute an assignment by
23operation of law. The assignment shall be considered a statutory lien on any
24settlement, judgment, or award received by the petitioner from a 3rd party in an

1amount equal to the amount of the settlement, judgment, or award, or the amount
2of compensation awarded under sub. (4), whichever is less.
AB548,12,73 (b) If a petitioner obtains, before the claims board awards compensation under
4sub. (4), a final judgment, settlement, or award for damages in a federal or state
5action related to wrongful imprisonment for the crime specified in sub. (2) (a), the
6claims board shall subtract the amount of the judgment, settlement, or award from
7the compensation.
AB548,12,16 8(4h) Once the claims board determines the proper compensation award, but
9before the award is disbursed, the claims board shall determine the amount owed,
10if any, by the petitioner for any outstanding restitution, court fees, and fines related
11to any convictions that remain in place and that are not the subject of a finding of
12innocence under this section. The prosecutor of such convictions is responsible for
13providing the claims board with an accounting of all unpaid restitution, court fees,
14and fines. The claims board shall deduct and withhold from the compensation award
15any money owed, based on the accounting, before disbursing the compensation, and
16shall distribute the money withheld to the person to whom it is owed.
AB548,16 17Section 16. 775.05 (4m) and (4r) of the statutes are created to read:
AB548,12,2318 775.05 (4m) (a) On April 1 of each year, the claims board shall adjust the
19amount of yearly compensation specified in sub. (4) to reflect any changes in the U.S.
20consumer price index for all urban consumers, U.S. city average, as determined by
21the U.S. department of labor, for the 12-month period ending on the preceding
22December 31. The board shall publish the adjusted amount so determined in the
23Wisconsin Administrative Register.
AB548,13,3
1(b) On January 1, 2022, and once every 5 years thereafter, the claims board
2shall make a recommendation to the legislature as to whether the dollar amount of
3the maximum award under sub. (4) should be changed.
AB548,13,6 4(4r) At any hearing conducted under this section, the petitioner may be
5represented by counsel of his or her own choosing. The department of administration
6shall represent the interests of the state.
AB548,17 7Section 17. 775.05 (5) of the statutes is amended to read:
AB548,13,118 775.05 (5) The claims board shall keep a complete record of its the proceedings
9in each case petition under this section and of all the evidence related to the petition.
10The findings and decision of the division of hearings and appeals and the award of
11the claims board shall be subject to review as provided in ch. 227.
AB548,18 12Section 18. 808.085 of the statutes is created to read:
AB548,13,15 13808.085 Wrongful imprisonment; relief. (1) If a court acts under s. 808.08
14to release a person from confinement in a prison, the person may petition the court
15for any or all of the following:
AB548,13,1716 (a) A court order directing the department of corrections to create a transition
17to release plan.
AB548,13,2018 (b) A financial assistance award not to exceed 133 percent of the federal poverty
19level for up to 14 months, or while proceedings under s. 775.05 are pending,
20whichever is shorter.
AB548,14,321 (c) Sealing of all records relating to the case. Records sealed under this section
22shall be available to the person. Records on the consolidated court automation
23program case management system shall be sealed and inaccessible by the public.
24Other records sealed under this section may not be made available for public
25inspection unless the person seeking access to the records files a petition with the

1court for access to the records and the court determines that the benefit to the public
2interest is greater than the harm to the public interest that may result from access
3to those records.
AB548,14,7 4(2) The court shall, within 10 days after it receives the petition under sub. (1),
5grant the relief sought if the person's criminal conviction was reversed, set aside, or
6vacated for reasons not inconsistent with the person's innocence of the crime for
7which he or she was convicted.
AB548,14,11 8(3) If a person who is granted relief under this section is subsequently convicted
9of the same charges for which he or she was granted relief, or if his or her conviction
10is reinstated, the person shall repay any financial assistance award granted under
11this section and all records related to the case shall be unsealed.
AB548,14,17 12(4) To the extent it is not contrary to or inconsistent with federal law, financial
13assistance a person receives pursuant to this section may not be included as income
14for the purpose of determining whether the person is indigent under rules
15promulgated under ch. 977 or for the purpose of determining the person's eligibility
16for any program for which the department of health services or the department of
17children and families provides services, benefits, or other assistance under ch. 49.
AB548,19 18Section 19. 893.57 of the statutes is renumbered 893.57 (1).
AB548,20 19Section 20. 893.57 (2) of the statutes is created to read:
AB548,14,2320 893.57 (2) Notwithstanding sub. (1), an action to recover damages for libel,
21slander, assault, battery, invasion of privacy, false imprisonment, or other
22intentional tort brought against a person who has received compensation for a
23wrongful conviction under s. 775.05 shall proceed as follows:
AB548,15,324 (a) An action to recover damages for an intentional tort that resulted in a final
25judgement of conviction for a criminal offense that occurred prior to the offense for

1which the individual has been awarded compensation under s. 775.05 shall be
2brought within 3 years after the cause of action accrues or within one year after
3compensation is awarded under s. 775.05, whichever is later, or be barred.
AB548,15,104 (b) If the action to recover damages for an intentional tort is brought later than
53 years after the cause of action accrues but within one year after compensation is
6awarded under s. 775.05, any damages awarded may not exceed 50 percent of the
7compensation awarded under s. 775.05, and any amounts the exonerated person
8receives as an annuity under s. 775.05 (4d) shall not be counted as part of the total
9compensation award but shall be exempt from a damage award for an intentional
10tort.
AB548,21 11Section 21. 977.05 (4) (jr) of the statutes is created to read:
AB548,15,1412 977.05 (4) (jr) At the request of a person determined by the state public
13defender to be indigent or upon referral of any court, represent the person in
14proceedings under s. 775.05.
AB548,22 15Section 22. 977.05 (4) (jw) of the statutes is created to read:
AB548,15,1816 977.05 (4) (jw) At the request of an inmate determined by the state public
17defender to be indigent or upon referral of any court, represent the person in
18proceedings under s. 808.085.
AB548,23 19Section 23. Nonstatutory provisions.
AB548,16,620 (1) Medical Assistance for wrongfully imprisoned persons. Notwithstanding
21the eligibility criteria under section 49.471 (4) (a) of the statutes, any individual who
22receives compensation under section 775.05 of the statutes after the effective date
23of this subsection is eligible for the Medical Assistance program under section 49.471
24of the statutes during the period before January 1, 2019. The department of health
25services shall request any approval from the federal department of health and

1human services that is necessary to provide Medical Assistance benefits to those
2individuals. If federal approval is not necessary or if federal approval is received, the
3department of health services shall provide benefits under section 49.471 of the
4statutes to those individuals. If federal approval is not received, the department of
5health services is not required to provide Medical Assistance benefits to those
6individuals.
AB548,24 7Section 24. Initial applicability.
AB548,16,228 (1) Except as provided in subsections (2) and (3), this act first applies with
9respect to petitions filed by persons who are released on or after January 1, 1990,
10from imprisonment for crimes of which they claim to be innocent. A person may
11petition for additional compensation if he or she was released from imprisonment on
12or after January 1, 1990, and accepted compensation from this state for wrongful
13imprisonment prior to the effective date of this subsection. A person may not petition
14for additional compensation if he or she was released from imprisonment on or after
15January 1, 1990, has a valid conviction on his or her criminal record for a first degree
16sexual assault that occurred prior to release and is required to comply with lifetime
17reporting requirements under section 301.45 of the statutes for the conviction, and
18accepted compensation from this state for wrongful imprisonment prior to the
19effective date of this subsection. The claims board may, at its discretion, consider the
20petition and may award compensation to the extent payable under section 775.05 of
21the statutes notwithstanding any release signed by the claimant as a condition
22precedent to receiving an initial compensation award.
AB548,17,223 (2) The treatment of section 71.05 (6) (b) 53. of the statutes first applies to
24taxable years beginning on January 1 of the year in which this subsection takes
25effect, except that if this subsection takes effect after July 31, section 71.05 (6) (b) 53.

1of the statutes first applies to taxable years beginning on January 1 of the year
2following the year in which this subsection takes effect.
AB548,17,43 (3) The treatment of section 775.05 (4g) (a) of the statutes first applies to
4petitions filed on or after the effective date of this subsection.
AB548,17,55 (End)
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