(c) Paragraph (a) does not apply to a person who is convicted of a violent crime 12
specified in s. 939.632 (1) (e) 1. or 2. after his or her release from imprisonment. A 13
person who is ineligible to petition for compensation under this paragraph is also 14
ineligible to receive any award of compensation that has not been paid.
(a) In this subsection, an individual who has the right to inherit assets 16
of a person is limited to a surviving spouse or domestic partner, child, parent, or 17
sibling, who would have a right to inherit assets of the person under s. 852.01.
(b) Any individual specified in par. (a) who has the right to inherit assets of a 19
person 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 21
person to petition for compensation under sub. (2) (a) on behalf of the deceased 22
person. If more than one individual has that right, the individuals having that right 23
may file a joint petition or any individual or individuals may file a petition for 24
whatever portion of the compensation that would otherwise be payable to the 25
deceased person that the individual or individuals would be entitled to receive as an
inheritance had the award been paid before the death of the decedent. If, at the time 2
of death of a person, the person qualified or would qualify to receive compensation 3
under sub. (4) but has not been paid, any such individual or individuals may, within 4
one year of the death of the person, file a claim with the claims board for 5
compensation to be awarded on the decedent's behalf in whatever share of the 6
compensation that was payable to the petitioner that the individual or individuals 7
would be entitled to receive as an inheritance. The claims board shall pay a claim 8
filed by any individual under this subsection if the board determines that the 9
individual or individuals are entitled to be paid under this subsection.
(c) An individual's right to exercise the rights of a deceased person or to file a 11
claim on a decedent's behalf is independent of any right to inherit from the decedent 12
under the decedent's will. Any compensation paid to any individual under this 13
subsection is not a part of the decedent's estate for purposes of the decedent's will.
775.05 (3) and (4) of the statutes are amended to read:
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
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 7
suffered imprisonment, or that the preponderance of
evidence is not clear and
8convincing does not demonstrate
that he or she was innocent.
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 15
equitably compensate the petitioner, not to exceed $25,000 and
at a rate of 16
compensation 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 25
to award find
is not an adequate compensation it shall submit a report specifying an
amount which it considers adequate to the chief clerk of each house of the legislature, 2
for 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.
775.05 (4c) of the statutes is created to read:
The claims board shall develop and issue a pamphlet regarding 9
financial information management services to each petitioner or other individual to 10
whom the claims board awards compensation under sub. (4). The pamphlet shall 11
include Internet site addresses or other general contact information for publicly 12
available financial management tools and resources.
775.05 (4d) of the statutes is created to read:
The claims board may award the compensation specified in the 15
decision under sub. (4) in an annuity payable over an amount of time determined by 16
the claims board, but not to exceed the time the petitioner was imprisoned.
775.05 (4g) and (4h) of the statutes are created to read:
(a) As a condition of eligibility for compensation under sub. (4), a 19
petitioner shall automatically assign to the claims board his or her right to any 20
settlement, judgment, or award that may be obtained against any 3rd party in any 21
federal or state action for damages related to wrongful imprisonment for the crime 22
specified in sub. (2) (a). The petition shall, in itself, constitute an assignment by 23
operation of law. The assignment shall be considered a statutory lien on any 24
settlement, judgment, or award received by the petitioner from a 3rd party in an
amount equal to the amount of the settlement, judgment, or award, or the amount 2
of compensation awarded under sub. (4), whichever is less.
(b) If a petitioner obtains, before the claims board awards compensation under 4
sub. (4), a final judgment, settlement, or award for damages in a federal or state 5
action related to wrongful imprisonment for the crime specified in sub. (2) (a), the 6
claims board shall subtract the amount of the judgment, settlement, or award from 7
Once the claims board determines the proper compensation award, but 9
before the award is disbursed, the claims board shall determine the amount owed, 10
if any, by the petitioner for any outstanding restitution, court fees, and fines related 11
to any convictions that remain in place and that are not the subject of a finding of 12
innocence under this section. The prosecutor of such convictions is responsible for 13
providing the claims board with an accounting of all unpaid restitution, court fees, 14
and fines. The claims board shall deduct and withhold from the compensation award 15
any money owed, based on the accounting, before disbursing the compensation, and 16
shall distribute the money withheld to the person to whom it is owed.
775.05 (4m) and (4r) of the statutes are created to read:
(a) On April 1 of each year, the claims board shall adjust the 19
amount of yearly compensation specified in sub. (4) to reflect any changes in the U.S. 20
consumer price index for all urban consumers, U.S. city average, as determined by 21
the U.S. department of labor, for the 12-month period ending on the preceding 22
December 31. The board shall publish the adjusted amount so determined in the 23
Wisconsin Administrative Register.
(b) On January 1, 2022, and once every 5 years thereafter, the claims board 2
shall make a recommendation to the legislature as to whether the dollar amount of 3
the maximum award under sub. (4) should be changed.
At any hearing conducted under this section, the petitioner may be 5
represented by counsel of his or her own choosing. The department of administration 6
shall represent the interests of the state.
775.05 (5) of the statutes is amended to read:
The claims board shall keep a complete record of its the
in each case petition under this section
and of all the evidence related to the petition
The findings and decision of the division of hearings and appeals
and the award of 11
the claims board shall be subject to review as provided in ch. 227.
808.085 of the statutes is created to read:
13808.085 Wrongful imprisonment; relief. (1)
If a court acts under s. 808.08 14
to release a person from confinement in a prison, the person may petition the court 15
for any or all of the following:
(a) A court order directing the department of corrections to create a transition 17
to release plan.
(b) A financial assistance award not to exceed 133 percent of the federal poverty 19
level for up to 14 months, or while proceedings under s. 775.05 are pending, 20
whichever is shorter.
(c) Sealing of all records relating to the case. Records sealed under this section 22
shall be available to the person. Records on the consolidated court automation 23
program case management system shall be sealed and inaccessible by the public. 24
Other records sealed under this section may not be made available for public 25
inspection unless the person seeking access to the records files a petition with the
court for access to the records and the court determines that the benefit to the public 2
interest is greater than the harm to the public interest that may result from access 3
to those records.
The court shall, within 10 days after it receives the petition under sub. (1), 5
grant the relief sought if the person's criminal conviction was reversed, set aside, or 6
vacated for reasons not inconsistent with the person's innocence of the crime for 7
which he or she was convicted.
If a person who is granted relief under this section is subsequently convicted 9
of the same charges for which he or she was granted relief, or if his or her conviction 10
is reinstated, the person shall repay any financial assistance award granted under 11
this section and all records related to the case shall be unsealed.
To the extent it is not contrary to or inconsistent with federal law, financial 13
assistance a person receives pursuant to this section may not be included as income 14
for the purpose of determining whether the person is indigent under rules 15
promulgated under ch. 977 or for the purpose of determining the person's eligibility 16
for any program for which the department of health services or the department of 17
children and families provides services, benefits, or other assistance under ch. 49.
893.57 of the statutes is renumbered 893.57 (1).
893.57 (2) of the statutes is created to read:
Notwithstanding sub. (1), an action to recover damages for libel, 21
slander, assault, battery, invasion of privacy, false imprisonment, or other 22
intentional tort brought against a person who has received compensation for a 23
wrongful conviction under s. 775.05 shall proceed as follows:
(a) An action to recover damages for an intentional tort that resulted in a final 25
judgement of conviction for a criminal offense that occurred prior to the offense for
which the individual has been awarded compensation under s. 775.05 shall be 2
brought within 3 years after the cause of action accrues or within one year after 3
compensation is awarded under s. 775.05, whichever is later, or be barred.
(b) If the action to recover damages for an intentional tort is brought later than 5
3 years after the cause of action accrues but within one year after compensation is 6
awarded under s. 775.05, any damages awarded may not exceed 50 percent of the 7
compensation awarded under s. 775.05, and any amounts the exonerated person 8
receives as an annuity under s. 775.05 (4d) shall not be counted as part of the total 9
compensation award but shall be exempt from a damage award for an intentional 10
977.05 (4) (jr) of the statutes is created to read:
(jr) At the request of a person determined by the state public 13
defender to be indigent or upon referral of any court, represent the person in 14
proceedings under s. 775.05.
977.05 (4) (jw) of the statutes is created to read:
(jw) At the request of an inmate determined by the state public 17
defender to be indigent or upon referral of any court, represent the person in 18
proceedings under s. 808.085.
(1) Medical Assistance for wrongfully imprisoned persons.
the eligibility criteria under section 49.471 (4) (a) of the statutes, any individual who 22
receives compensation under section 775.05 of the statutes after the effective date 23
of this subsection is eligible for the Medical Assistance program under section 49.471 24
of the statutes during the period before January 1, 2019. The department of health 25
services shall request any approval from the federal department of health and
human services that is necessary to provide Medical Assistance benefits to those 2
individuals. If federal approval is not necessary or if federal approval is received, the 3
department of health services shall provide benefits under section 49.471 of the 4
statutes to those individuals. If federal approval is not received, the department of 5
health services is not required to provide Medical Assistance benefits to those 6
(1) Except as provided in subsections (2) and (3), this act first applies with 9
respect to petitions filed by persons who are released on or after January 1, 1990, 10
from imprisonment for crimes of which they claim to be innocent. A person may 11
petition for additional compensation if he or she was released from imprisonment on 12
or after January 1, 1990, and accepted compensation from this state for wrongful 13
imprisonment prior to the effective date of this subsection. A person may not petition 14
for additional compensation if he or she was released from imprisonment on or after 15
January 1, 1990, has a valid conviction on his or her criminal record for a first degree 16
sexual assault that occurred prior to release and is required to comply with lifetime 17
reporting requirements under section 301.45 of the statutes for the conviction, and 18
accepted compensation from this state for wrongful imprisonment prior to the 19
effective date of this subsection. The claims board may, at its discretion, consider the 20
petition and may award compensation to the extent payable under section 775.05 of 21
the statutes notwithstanding any release signed by the claimant as a condition 22
precedent to receiving an initial compensation award.
(2) The treatment of section 71.05 (6) (b) 53. of the statutes first applies to 24
taxable years beginning on January 1 of the year in which this subsection takes 25
effect, except that if this subsection takes effect after July 31, section 71.05 (6) (b) 53.
of the statutes first applies to taxable years beginning on January 1 of the year 2
following the year in which this subsection takes effect.
(3) The treatment of section 775.05 (4g) (a) of the statutes first applies to 4
petitions filed on or after the effective date of this subsection.