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LRB-4565/1
MS/TD/FK/CH:cjs
2019 - 2020 LEGISLATURE
February 28, 2020 - Introduced by Senators Risser, Kooyenga, Wanggaard and
Smith, cosponsored by Representatives Hebl, Pope, Subeck, Brostoff,
Ohnstad, Sinicki, Sargent, Stubbs, Zamarripa, C. Taylor, Considine,
Emerson, Bowen, Crowley, Anderson and Spreitzer. Referred to Committee
on Insurance, Financial Services, Government Oversight and Courts.
SB881,1,7 1An Act to renumber and amend 775.05 (2); to amend 20.505 (4) (d), 40.51 (1),
2227.03 (5), 775.05 (3) and (4) and 775.05 (5); and to create 20.515 (1) (ds),
320.515 (1) (g), 40.516, 71.05 (6) (b) 54., 227.43 (1) (bw), 227.43 (3) (f), 301.051,
4775.05 (2) (b) and (c) and (2m), 775.05 (4c), 775.05 (4d), 775.05 (4m) and (4r),
5808.085, 977.05 (4) (jr) and 977.05 (4) (jw) of the statutes; relating to: claims
6by and treatment of wrongfully imprisoned persons and making an
7appropriation.
Analysis by the Legislative Reference Bureau
This bill does the following: 1) makes changes to the requirements for claims
for state compensation by wrongfully imprisoned persons; and 2) provides health
care coverage and other assistance for such persons. Except as noted below, the bill
initially applies with respect to claims filed by persons who are released on or after
March 13, 1980, from imprisonment for crimes of which they claim to be innocent.
Requirements for claims. Currently, the state claims board is directed to
hear petitions for compensation by persons who are released from imprisonment for
crimes of which they claim to be innocent. The board must find either that the
evidence is clear and convincing that the petitioner was innocent of the crime for
which he or she was imprisoned or that the evidence is not clear and convincing that
he or she was innocent. If the board finds that the petitioner was innocent and that

he or she did not by his or her act or failure to act contribute to bring about the
conviction and imprisonment for which he or she seeks compensation, the board
must award the petitioner compensation not to exceed $25,000 total nor more than
$5,000 for each year of imprisonment. This amount includes any expenses for
attorney fees, costs, and disbursements incurred by the petitioner. Any award is paid
from state general purpose revenues. If the board determines that it is not able to
award an adequate compensation, the board must submit a report to the legislature
specifying the amount that it considers to be adequate.
This bill provides that when the claims board receives a claim for wrongful
imprisonment filed by a petitioner who claims to be innocent of the crime for which
he or she was imprisoned, and whose conviction has been vacated and who has been
acquitted; or whose conviction has been vacated and the charges have been
dismissed; or who has been pardoned on the basis of innocence, the board must refer
the petition to the Division of Hearings and Appeals in the Department of
Administration. The bill then allows the office of the prosecutor who prosecuted the
petitioner to file a written request with the claims board for a hearing within 30 days
after the original petition is filed with the board. If a timely request for a hearing
is filed, or if the division concludes that it cannot determine the petitioner's eligibility
for compensation without a hearing, the division must hold a hearing within 60 days
after the petition is filed. If a timely request for a hearing is not filed and the division
is able to determine that the petitioner is eligible for compensation without a
hearing, the division must decide the matter without a hearing, except that the
division must afford a petitioner an opportunity for a hearing before denying
compensation to the petitioner. If a hearing is held, the bill allows the petitioner to
be represented by a public defender. If a hearing is held, the division appoints a
hearing examiner to hear the petition. If no hearing is held, the division decides the
matter without a hearing.
The hearing examiner makes findings and issues a decision concerning
whether the petitioner is entitled to compensation. Under the bill, the findings must
be based upon the preponderance of evidence (a lesser evidentiary standard than
clear and convincing evidence). The petitioner need not show that he or she did not
by his or her act or failure to act contribute to bring about the conviction and
imprisonment for which he or she seeks compensation.
If the hearing examiner's finding is in the affirmative, the examiner must
transmit its findings to the claims board, which shall award compensation to the
petitioner in an amount that the board considers to be adequate and the board must
pay that amount to the petitioner. Under the bill, the amount of compensation is
fixed at a rate of $50,000 per year, prorated daily, with a $1,000,000 limit on the total
amount of an award. In addition, subject to the $1,000,000 limit, each award must
include reimbursement for reasonable, actual attorney fees, together with all costs
and disbursements incurred by the petitioner in his or her defense, postconviction,
and compensation proceedings and all fees, surcharges, and restitution paid by the
petitioner as a result of his or her arrest and imprisonment. The $50,000 annual rate
is subject to annual adjustments based on changes in the cost of living. The bill

requires the board to make, every five years, a recommendation to the legislature as
to whether the $1,000,000 limit should be changed.
The bill provides that no person may file a claim for wrongful imprisonment,
or be paid an award for wrongful imprisonment, as a result of a conviction resulting
in imprisonment for a crime if the imprisoned person is also imprisoned for a
conviction for a felony arising from the same course of conduct that resulted in
conviction for the crime of which the person claims to be innocent if the person does
not claim to be innocent of that felony or if the imprisoned person is convicted of a
violent crime, specified in this bill, after his or her release from imprisonment.
The bill also provides that, with certain exceptions, a surviving spouse or
domestic partner, child, parent, or sibling of a person who is entitled to compensation
for wrongful imprisonment but who does not receive payment of an award may,
within one year of the death of that person, file or pursue on behalf of the deceased
person a claim for wrongful imprisonment. Under the bill, any payment that would
have been payable to the deceased person then becomes payable to the individual
who files or pursues the claim, except that if that person is entitled only under the
law governing inheritances to inherit a portion of the estate of a deceased person, the
individual may receive only the same portion of the payment. Any compensation is
independent of any rights that a claimant or any other person may have to inherit
assets under any will of the decedent.
In addition, the bill exempts from taxation the payments that an individual, or
his or her estate, receives from the claims board or from the state legislature as a
result of claims board action, or from the state as payment for the individual's health
insurance premiums.
Health care coverage and other assistance. Under current law, the Group
Insurance Board, attached to the Department of Employee Trust Funds, contracts
on behalf of the state for the purpose of providing health care coverage to state
employees. This bill permits individuals who receive compensation from the state
for wrongful imprisonment and who are not eligible to obtain health care coverage
from an employer to elect, for up to seven years, health care coverage under plans
offered by the Group Insurance Board to state employees beginning on January 1,
2021. Under the bill, these individuals would be required to pay the same health
insurance premium amounts that state employees are required to pay, with the
balance of the premium cost paid by the state. During the time before January 1,
2021, this bill makes these individuals eligible for health care benefits through the
Medical Assistance program BadgerCare Plus, if the federal government does not
disapprove of the Department of Health Services providing Medical Assistance to
these individuals.
Under the bill, if a person's conviction for a crime is reversed, set aside, or
vacated on grounds consistent with the person's innocence, and the person is ordered
released from prison by a trial court, the court must grant the person, upon request,
temporary financial assistance, transition assistance from the Department of
Corrections and local aid agencies, and sealing of all records related to his or her
conviction. If the person pursues a successful petition for wrongful imprisonment,

any temporary financial assistance he or she received upon release from prison is
subtracted from any compensation he or she receives for wrongful imprisonment.
Because this bill relates to an exemption from state or local taxes, it may be
referred to the Joint Survey Committee on Tax Exemptions for a report to be printed
as an appendix to the bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB881,1 1Section 1 . 20.505 (4) (d) of the statutes is amended to read:
SB881,4,62 20.505 (4) (d) Claims awards. A sum sufficient for payment of awards made
3by the claims board or department of administration under ss. 16.007, 775.05 (4),
4775.06 and 775.11, awards of financial assistance under s. 808.085, and awards made
5by an act of the legislature arising from a claim filed with the claims board which are
6not directed by law or under s. 16.007 (6m) to be paid from another appropriation.
SB881,2 7Section 2 . 20.515 (1) (ds) of the statutes is created to read:
SB881,4,118 20.515 (1) (ds) Payment of health insurance premiums for individuals who
9receive compensation for wrongful imprisonment.
A sum sufficient to pay the state's
10share of premium costs for health care benefits and the cost of administering the
11benefits for individuals under s. 40.516.
SB881,3 12Section 3 . 20.515 (1) (g) of the statutes is created to read:
SB881,4,1713 20.515 (1) (g) Benefit and coverage payments; health care coverage for
14individuals who receive compensation for wrongful imprisonment.
All moneys
15received from individuals under s. 40.516 who elect to be included in a health care
16coverage plan under s. 40.51 (6), for the payment of benefits and the cost of
17administering benefits for the individuals.
SB881,4 18Section 4 . 40.51 (1) of the statutes is amended to read:
SB881,5,4
140.51 (1) The procedures and provisions pertaining to enrollment, premium
2transmitted and coverage of eligible employees and individuals eligible for health
3care coverage under s. 40.516
for health care benefits shall be established by contract
4or rule except as otherwise specifically provided by this chapter.
SB881,5 5Section 5 . 40.516 of the statutes is created to read:
SB881,5,13 640.516 Health care coverage for individuals who receive
7compensation for wrongful imprisonment.
(1) Beginning on January 1, 2021,
8any individual who receives compensation under s. 775.05 after the effective date of
9this subsection .... [LRB inserts date], may elect coverage under any health care
10coverage plan offered under s. 40.51 (6) for a period equal to the time he or she was
11imprisoned, but not to exceed 7 years. An individual who is eligible to obtain health
12care coverage offered by his or her employer or by the employer of his or her spouse
13may not elect or continue coverage under this subsection.
SB881,5,20 14(2) The individual and the state shall jointly pay the full premium cost of health
15care coverage and the cost of administering the benefits under sub. (1). The amount
16that the individual must pay in health insurance premiums shall equal the amount
17required to be paid by state employees, as determined by the administrator of the
18division of personnel management in the department of administration under s.
1940.05 (4) (ah). The remainder of the premium cost for health care coverage for these
20individuals shall be paid from the appropriation account under s. 20.515 (1) (ds).
SB881,6 21Section 6 . 71.05 (6) (b) 54. of the statutes is created to read:
SB881,6,322 71.05 (6) (b) 54. Any amount received by an individual, or the individual's
23estate, from the claims board under s. 775.05 (4), from the legislature under the
24process described in s. 775.05 (4), from the state as a result of the state's payment of
25an individual's premium costs under s. 40.516 (2) to the extent that the amount is

1recognized by the individual as income, or from a financial assistance award granted
2under s. 808.085, in the taxable year that relates to the year in which the payment
3is received.
SB881,7 4Section 7. 227.03 (5) of the statutes is amended to read:
SB881,6,85 227.03 (5) This chapter does not apply to proceedings of the claims board,
6except as provided in ss. 775.05 (5), 775.06 (7) and 775.11 (2), and except that
7proceedings under s. 775.05 are subject to this chapter, unless otherwise provided in
8s. 775.05
.
SB881,8 9Section 8. 227.43 (1) (bw) of the statutes is created to read:
SB881,6,1110 227.43 (1) (bw) Assign a hearing examiner to preside over each hearing
11conducted under s. 775.05.
SB881,9 12Section 9 . 227.43 (3) (f) of the statutes is created to read:
SB881,6,1713 227.43 (3) (f) The administrator of the division of hearings and appeals may
14set the fees to be charged for any services rendered to the claims board by a hearing
15examiner under this section. The fee shall cover the total cost of the services. In no
16case may a fee that is set under this paragraph be imposed on, or passed down to, a
17petitioner described under s. 775.05 (2) (a).
SB881,10 18Section 10 . 301.051 of the statutes is created to read:
SB881,6,22 19301.051 Wrongful imprisonment; transition plan. Not more than 5 days
20after a court issues an order under s. 808.085 (1) (a) for a plan requested by an
21inmate, the department shall create a transition to release plan for the inmate. The
22plan shall do all of the following:
SB881,7,2 23(1) Provide the inmate with a written list of community resources available to
24the inmate upon his or her release from prison, including temporary housing and

1emergency shelters, food banks, education and job assistance, and health care
2services in the county into which the inmate will be released.
SB881,7,5 3(2) Provide the inmate with an individual counseling session with a person
4trained by the department or the county into which the inmate will be released to
5assist inmates in the transition to release from prison.
SB881,7,8 6(3) Schedule an appointment, set for not later than 2 weeks after the inmate's
7date of release, for the inmate to meet with a social worker or aid program
8administrator for the county into which the inmate will be released.
SB881,11 9Section 11 . 775.05 (2) of the statutes is renumbered 775.05 (2) (a) and
10amended to read:
SB881,7,2211 775.05 (2) (a) Any Except as provided in pars. (b) and (c), any person who is
12imprisoned as the result of his or her conviction for a crime in any court of this state,
13of which crime the person claims to be innocent, and who is released from
14imprisonment for that crime
whose conviction has been vacated and who has been
15subsequently acquitted, or whose conviction has been vacated and the charges have
16been dismissed, or who has received a pardon on the basis of innocence, any of which
17occurs
after March 13, 1980, may petition the claims board for compensation for such
18imprisonment. Upon Within 5 days after receipt of the petition, the claims board
19department of administration shall transmit a copy thereof to the prosecutor who
20prosecuted the petitioner and the judge who sentenced the petitioner for the
21conviction which is the subject of the claim, or their successors in office, for the
22information of these persons.
SB881,12 23Section 12 . 775.05 (2) (b) and (c) and (2m) of the statutes are created to read:
SB881,8,224 775.05 (2) (b) Paragraph (a) does not apply to a person who is imprisoned as
25the result of his or her conviction for a felony in any court of this state arising from

1the same course of conduct that resulted in conviction for the crime of which the
2person claims to be innocent if the person does not claim to be innocent of that felony.
SB881,8,63 (c) Paragraph (a) does not apply to a person who is convicted of a violent crime
4specified in s. 939.632 (1) (e) 1. or 2. after his or her release from imprisonment. A
5person who is ineligible to petition for compensation under this paragraph is also
6ineligible to receive any award of compensation that has not been paid.
SB881,8,9 7(2m) (a) In this subsection, an individual who has the right to inherit assets
8of a person is limited to a surviving spouse or domestic partner, child, parent, or
9sibling, who would have a right to inherit assets of the person under s. 852.01.
SB881,9,210 (b) Any individual specified in par. (a) who has the right to inherit assets of a
11person who has the right to petition the claims board for compensation under sub.
12(2) may, within one year after the death of such a person, exercise the rights of the
13person to petition for compensation under sub. (2) (a) on behalf of the deceased
14person. If more than one individual has that right, the individuals having that right
15may file a joint petition or any individual or individuals may file a petition for
16whatever portion of the compensation that would otherwise be payable to the
17deceased person the individual or individuals would be entitled to receive as an
18inheritance had the award been paid before the death of the decedent. If, at the time
19of death of a person, the person qualified or would qualify to receive compensation
20under sub. (4) but has not been paid, any such individual or individuals may, within
21one year of the death of the person, file a claim with the claims board for
22compensation to be awarded on the decedent's behalf in whatever share of the
23compensation that was payable to the petitioner the individual or individuals would
24be entitled to receive as an inheritance. The claims board shall pay a claim filed by

1any individual under this subsection if the board determines that the individual or
2individuals are entitled to be paid under this subsection.
SB881,9,63 (c) An individual's right to exercise the rights of a deceased person or to file a
4claim on a decedent's behalf is independent of any right to inherit from the decedent
5under the decedent's will. Any compensation paid to any individual under this
6subsection is not a part of the decedent's estate for purposes of the decedent's will.
SB881,13 7Section 13 . 775.05 (3) and (4) of the statutes are amended to read:
SB881,9,258 775.05 (3) After hearing the evidence on the petition, the claims board Within
95 days after the claims board receives a petition under sub. (2) (a), if the petitioner
10meets the requirements of sub. (2) (a), the department of administration shall refer
11the petition to the division of hearings and appeals. No later than 30 days after the
12petition is filed, the office of the prosecutor who was responsible for prosecuting the
13petitioner may file a written request with the claims board for an evidentiary hearing
14on the petition. The department of administration shall refer the request to the
15division within 5 days after the claims board receives the request. If a timely request
16for a hearing is filed, or if the division concludes that it cannot determine the
17petitioner's eligibility for compensation without a hearing, the division shall hold a
18hearing on the petition no later than 60 days after the petition is filed. With regard
19to any action that is taken under this subsection, the state shall be represented by
20the office of the prosecutor who was responsible for prosecuting the petitioner. If no
21request for a hearing is filed within the time specified in this subsection, and the
22division is able to determine that the petitioner is eligible for compensation without
23a hearing, the division shall decide the matter without a hearing, except that the
24division shall not deny a petition for compensation without affording the petitioner
25an opportunity for a hearing. The division
shall find either that the preponderance

1of
evidence is clear and convincing demonstrates that the petitioner was innocent of
2the crime for which he or she suffered imprisonment, or that the preponderance of
3evidence is not clear and convincing does not demonstrate that he or she was
4innocent.
SB881,11,2 5(4) If the claims board division of hearings and appeals finds that the
6preponderance of evidence demonstrates that the petitioner was innocent and that
7he or she did not by his or her act or failure to act contribute to bring about the
8conviction and imprisonment for which he or she seeks compensation, the claims
9board
of the crime for which he or she was imprisoned, the division shall transmit
10its findings to the claims board. The claims board
shall find the amount which will
11equitably compensate the petitioner, not to exceed $25,000 and at a rate of
12compensation not greater than $5,000 of $50,000, or the amount determined under
13sub. (4m) (a), whichever applies,
per year, prorated daily, for the imprisonment.
14Compensation awarded by In addition, the claims board shall include find any
15amount to which the board finds the petitioner is entitled for reasonable, actual
16attorney fees, together with all costs and disbursements incurred by the petitioner
17in his or her defense, postconviction, and compensation proceedings and all fees,
18surcharges, and restitution paid by the petitioner as a result of his or her arrest and
19imprisonment. The claims board shall subtract any moneys received by the
20petitioner under s. 808.085
. If the claims board finds that the amount it is able to
21award find is not an adequate compensation it shall submit a report specifying an
22amount which it considers adequate to the chief clerk of each house of the legislature,
23for distribution to the legislature under s. 13.172 (2). The claims board shall award
24the compensation specified in the decision and order disbursement, pursuant to sub.
25(4d), of the award to the petitioner or any other individual who is entitled to receive

1a payment from the appropriation under s. 20.505 (4) (d), except that the total
2amount of the award may not exceed $1,000,000.
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