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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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