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.