This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
LRB-4326/2
CMH:emw/ahe/jld
2017 - 2018 LEGISLATURE
October 12, 2017 - Introduced by Senators Testin, L. Taylor, Feyen, Marklein and
Tiffany, cosponsored by Representatives Krug, Kulp, Petersen, Kleefisch,
Mursau, Swearingen, Edming, VanderMeer, Skowronski and Nygren.
Referred to Committee on Judiciary and Public Safety.
SB446,1,10 1An Act to repeal 980.08 (4) (d), 980.08 (4) (em), 980.08 (4) (f) 1., 980.08 (5m) and
2980.105 (2m); to renumber and amend 980.08 (4) (f) (intro.) and 980.08 (4)
3(f) 2., 3. and 4.; to consolidate, renumber and amend 980.08 (4) (cm) and (e);
4to amend 809.30 (2) (d), 967.06 (2) (b), 977.02 (2m), 977.02 (3) (intro.), 977.05
5(4) (gm), 977.05 (4) (h), 977.06 (2) (a), 977.06 (2) (am), 977.07 (1) (a), 977.07 (1)
6(c), 977.075 (4), 977.08 (1), 977.08 (2) (intro.), 977.085 (3), 980.03 (2) (a) and
7980.08 (4) (g); and to create 20.435 (2) (gz), 51.61 (1) (z), 977.05 (4) (i) 9.,
8980.0305, 980.08 (4) (dm) 3. and 980.105 (2) of the statutes; relating to: plans
9for supervised release of sexually violent persons, representation of sexually
10violent persons by the state public defender, and making an appropriation.
Analysis by the Legislative Reference Bureau
Under current law, a person who has been found to be a sexually violent person
may be involuntarily committed to the Department of Health Services for control,
care, and treatment. If a person is committed and placed in institutional care, the
person may periodically petition the court for supervised release. If a court
determines that supervised release is appropriate, the court must select a county to

prepare a report that includes prospective residential options for the person. Unless
good cause exists, the court must select the person's county of residence, and the
county must prepare the report within 60 days. DHS must then prepare for the court
a supervised release plan for the person that identifies the residential option for the
court to approve. Under current law, the plan must be submitted to the court within
90 days of the finding that supervised release is appropriate.
Under this bill, if a court determines that supervised release is appropriate, the
court must order the person's county of residence to prepare a report that identifies
one appropriate residence for the person. The county must create a temporary
committee to prepare the report for the county and, under this bill, the county must
prepare the report within 120 days of the order. A county that does not comply
violates the person's rights as a patient and the county is subject to enforcement and
damages for each violation, and each day beyond the 120 days constitutes a separate
violation. Once DHS receives the report, DHS must submit to the court a supervised
release plan within 30 days.
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:
SB446,1 1Section 1. 20.435 (2) (gz) of the statutes is created to read:
SB446,2,42 20.435 (2) (gz) Costs of housing persons on supervised release. All moneys
3received under s. 980.08 (4) (dm) 4. for payment of costs associated with housing
4persons on supervised release.
SB446,2 5Section 2. 51.61 (1) (z) of the statutes is created to read:
SB446,2,86 51.61 (1) (z) In the case of a patient committed under ch. 980, have the right
7to have a county department submit a report under s. 980.08 (4) (dm) within the time
8frame specified under that paragraph.
SB446,3 9Section 3. 809.30 (2) (d) of the statutes is amended to read:
SB446,3,510 809.30 (2) (d) Indigency redetermination. Except as provided in this
11paragraph, whenever a person whose trial counsel is appointed by the state public
12defender files a notice under par. (b) requesting public defender representation for
13purposes of postconviction or postdisposition relief, the prosecutor may, within 5

1days after the notice is served and filed, file in the circuit court and serve upon the
2state public defender a request that the person's indigency be redetermined before
3counsel is appointed or transcripts are requested. This paragraph does not apply to
4a person who is entitled to be represented by counsel under s. 48.23, 51.60 (1), 55.105,
5or 938.23, or 980.03 (2) (a).
SB446,4 6Section 4. 967.06 (2) (b) of the statutes is amended to read:
SB446,3,107 967.06 (2) (b) If the person indicating that he or she wants to be represented
8by a lawyer is detained under ch. 48, 51, 55, or 938, or 980, the person shall be
9referred for appointment of counsel as provided under s. 48.23 (4), 51.60, 55.105, or
10938.23 (4), or 980.03 (2) (a), whichever is applicable.
SB446,5 11Section 5. 977.02 (2m) of the statutes is amended to read:
SB446,3,1512 977.02 (2m) Promulgate rules regarding eligibility for legal services under this
13chapter, including legal services for persons who are entitled to be represented by
14counsel without a determination of indigency, as provided in s. 48.23 (4), 51.60,
1555.105, or 938.23 (4), or 980.03 (2) (a).
SB446,6 16Section 6. 977.02 (3) (intro.) of the statutes is amended to read:
SB446,3,2317 977.02 (3) (intro.) Promulgate rules regarding the determination of indigency
18of persons entitled to be represented by counsel, other than persons who are entitled
19to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, or 980.03 (2)
20(a)
including the time period in which the determination must be made and the
21criteria to be used to determine indigency and partial indigency. The rules shall
22specify that, in determining indigency, the representative of the state public
23defender shall do all of the following:
SB446,7 24Section 7. 977.05 (4) (gm) of the statutes is amended to read:
SB446,4,7
1977.05 (4) (gm) In accordance with the standards under pars. (h) and (i), accept
2referrals from judges and courts for the provision of legal services without a
3determination of indigency of persons who are entitled to be represented by counsel
4under s. 48.23, 51.60, 55.105, or 938.23, or 980.03 (2) (a), appoint counsel in
5accordance with contracts and policies of the board, and inform the referring judge
6or court of the name and address of the specific attorney who has been assigned to
7the case.
SB446,8 8Section 8. 977.05 (4) (h) of the statutes is amended to read:
SB446,4,149 977.05 (4) (h) Accept requests for legal services from persons who are entitled
10to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, or 980.03 (2)
11(a)
and from indigent persons who are entitled to be represented by counsel under
12s. 967.06 or who are otherwise so entitled under the constitution or laws of the United
13States or this state and provide such persons with legal services when, in the
14discretion of the state public defender, such provision of legal services is appropriate.
SB446,9 15Section 9. 977.05 (4) (i) 9. of the statutes is created to read:
SB446,4,1716 977.05 (4) (i) 9. Cases involving persons who are subject to petitions under ch.
17980.
SB446,10 18Section 10. 977.06 (2) (a) of the statutes is amended to read:
SB446,5,219 977.06 (2) (a) A person seeking to have counsel assigned for him or her under
20s. 977.08, other than a person who is entitled to be represented by counsel under s.
2148.23, 51.60, 55.105, or 938.23, or 980.03 (2) (a), shall sign a statement declaring that
22he or she has not disposed of any assets for the purpose of qualifying for that
23assignment of counsel. If the representative or authority making the indigency
24determination finds that any asset was disposed of for less than its fair market value
25for the purpose of obtaining that assignment of counsel, the asset shall be counted

1under rules promulgated under s. 977.02 (3) at its fair market value at the time it
2was disposed of, minus the amount of compensation received for the asset.
SB446,11 3Section 11. 977.06 (2) (am) of the statutes is amended to read:
SB446,5,94 977.06 (2) (am) A person seeking to have counsel assigned for him or her under
5s. 977.08, other than a person who is entitled to be represented by counsel under s.
648.23, 51.60, 55.105, or 938.23, or 980.03 (2) (a), shall sign a statement declaring that
7the information that he or she has given to determine eligibility for assignment of
8counsel he or she believes to be true and that he or she is informed that he or she is
9subject to the penalty under par. (b).
SB446,12 10Section 12. 977.07 (1) (a) of the statutes is amended to read:
SB446,5,1511 977.07 (1) (a) Determination of indigency for persons entitled to counsel shall
12be made as soon as possible and shall be in accordance with the rules promulgated
13by the board under s. 977.02 (3) and the system established under s. 977.06. No
14determination of indigency is required for a person who is entitled to be represented
15by counsel under s. 48.23, 51.60, 55.105, or 938.23, or 980.03 (2) (a).
SB446,13 16Section 13. 977.07 (1) (c) of the statutes is amended to read:
SB446,6,217 977.07 (1) (c) For all referrals made under ss. 809.107, 809.30, 974.06 (3) (b)
18and 974.07 (11), except a referral of a person who is entitled to be represented by
19counsel under s. 48.23, 51.60, 55.105, or 938.23, or 980.03 (2) (a), a representative of
20the state public defender shall determine indigency. For referrals made under ss.
21809.107, 809.30 and 974.06 (3) (b), except a referral of a person who is entitled to be
22represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, or 980.03 (2) (a), the
23representative of the state public defender may, unless a request for redetermination
24has been filed under s. 809.30 (2) (d) or the person's request for representation states
25that his or her financial circumstances have materially improved, rely upon a

1determination of indigency made for purposes of trial representation under this
2section.
SB446,14 3Section 14. 977.075 (4) of the statutes is amended to read:
SB446,6,94 977.075 (4) The board shall establish by rule a fee schedule that sets the
5maximum amount that a parent subject to s. 48.275 (2) (b) or 938.275 (2) (b) shall pay
6as reimbursement for legal services and sets the maximum amount that a person
7subject to s. 51.605 or, 55.107 , or 980.0305 shall pay as reimbursement for legal
8services. The maximum amounts under this subsection shall be based on the
9average cost, as determined by the board, for each applicable type of case.
SB446,15 10Section 15. 977.08 (1) of the statutes is amended to read:
SB446,6,1611 977.08 (1) If the representative or the authority for indigency determinations
12specified under s. 977.07 (1) refers a case to or within the office of the state public
13defender or if a case is referred under s. 48.23 (4), 51.60, 55.105, or 938.23 (4), or
14980.03 (2) (a),
the state public defender shall assign counsel according to subs. (3) and
15(4). If a defendant makes a request for change of attorney assignment, the change
16of attorney must be approved by the circuit court.
SB446,16 17Section 16. 977.08 (2) (intro.) of the statutes is amended to read:
SB446,6,2118 977.08 (2) (intro.) All attorneys in a county shall be notified in writing by the
19state public defender that a set of lists is being prepared of attorneys willing to
20represent persons referred under s. 48.23 (4), 51.60, 55.105, or 938.23 (4), or 980.03
21(2) (a)
and indigent clients in the following:
SB446,17 22Section 17. 977.085 (3) of the statutes is amended to read:
SB446,7,623 977.085 (3) The board shall provide quarterly reports to the joint committee
24on finance on the status of reimbursement for or recoupment of payments under ss.
2548.275, 51.605, 55.107, 757.66, 938.275, 977.06, 977.075 and, 977.076, and 980.0305,

1including the amount of revenue generated by reimbursement and recoupment. The
2quarterly reports shall include any alternative means suggested by the board to
3improve reimbursement and recoupment procedures and to increase the amount of
4revenue generated. The department of justice, district attorneys, circuit courts and
5applicable county agencies shall cooperate by providing any necessary information
6to the state public defender.
SB446,18 7Section 18. 980.03 (2) (a) of the statutes is amended to read:
SB446,7,138 980.03 (2) (a) Counsel. If In any situation under this chapter in which the
9person claims or appears to be indigent has a right to be represented by council, the
10court shall refer the person to the authority for indigency determinations under s.
11977.07 (1) and, if applicable, the appointment of
as soon as practicable to the state
12public defender, who shall appoint
counsel for the person under s. 977.08 without a
13determination of indigency
.
SB446,19 14Section 19. 980.0305 of the statutes is created to read:
SB446,7,24 15980.0305 Reimbursement for counsel provided by the state. (1) Inquiry.
16At or after the conclusion of a proceeding under this chapter in which the state public
17defender has provided counsel for a person, the court may inquire as to the person's
18ability to reimburse the state for the costs of representation. If the court determines
19that the person is able to make reimbursement for all or part of the costs of
20representation, the court may order the person to reimburse the state an amount not
21to exceed the maximum amount established by the public defender board under s.
22977.075 (4). Upon the court's request, the state public defender shall conduct a
23determination of indigency under s. 977.07 and report the results of the
24determination to the court.
Loading...
Loading...