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977.08
(4m) (d) Unless otherwise provided by a rule promulgated under s.
5977.02 (7r) or by a contract authorized under sub. (3) (f), for cases assigned on or after
6July 1, 2019, private local attorneys shall be paid $70 per hour for time spent related
7to a case, excluding travel, and $25 per hour for time spent in travel related to a case
8if any portion of the trip is outside the county in which the attorney's principal office
9is located or if the trip requires traveling a distance of more than 30 miles, one way,
10from the attorney's principal office.
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11Section 21
. 978.001 (1b), (1d) and (1n) of the statutes are created to read:
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978.001
(1b) “Board" means the prosecutor board.
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13(1d) “Executive director" means the executive director appointed under s.
14978.003 (3).
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15(1n) “Office" means the state prosecutors office.
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16Section 22
. 978.001 (1p) of the statutes is repealed.
SB127,23
17Section 23
. 978.003 of the statutes is created to read:
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18978.003 Board; duties. The board shall do all of the following:
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19(1) Submit the budget in accordance with s. 16.42 after the executive director
20submits the budget to the board and the board approves it.
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21(2) At least annually submit to the joint committee on finance
22recommendations on the allocation of prosecutor resources.
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23(3) Appoint an attorney with experience in criminal prosecution as the
24executive director of the office.
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25(4) Oversee, and set policy initiatives for, the executive director.
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1(5) Review existing law or proposed legislation and make recommendations to
2the legislature.
SB127,24
3Section 24
. 978.004 of the statutes is created to read:
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4978.004 State prosecutors office executive director. (1) The executive
5director shall do all of the following:
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(a) Manage and direct the office subject to the policy initiatives set under s.
7978.003 (4).
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(b) Prepare and submit to the board for its approval a budget and any personnel
9and employment policies that the board requires.
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(c) Prepare and submit to the board and other appropriate persons an annual
11report of the activities of the office in the form that the board directs.
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(d) Represent the board before the governor, the legislature, bar associations,
13courts, and other appropriate entities.
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(e) Appoint in the classified service an executive assistant and all other
15employees of the office. Before making an appointment under this paragraph, the
16executive director shall notify the board of any prospective appointment. If the board
17does not object to the prospective appointment within 7 working days after
18notification, the executive director may make the appointment. If the board objects
19to a prospective appointment, the executive director may not make the appointment
20until the board approves it.
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(f) Prepare fiscal estimates on bills affecting prosecutors or the office, including
22bills modifying or creating crimes or sentencing practices. To prepare a fiscal
23estimate, the executive director shall consult with and obtain data from district
24attorneys. The executive director shall transmit a draft fiscal estimate to the board.
25If the board does not object to the draft fiscal estimate within 7 working days after
1receiving it, the executive director may submit the fiscal estimate. If the board
2objects to a draft fiscal estimate, the executive director may not submit the fiscal
3estimate until the board approves it.
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4(2) The executive director may identify methods and practices for district
5attorneys that promote professional competence, ethical practices, and
6evidence-based practices.
SB127,25
7Section 25
. 978.005 of the statutes is created to read:
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8978.005 Limits on board and executive director. Neither the board nor
9the executive director may make any decision regarding the handling of any case nor
10interfere with any district attorney in carrying out professional duties. Neither the
11board nor the office may interfere with or infringe upon the autonomy of a district
12attorney or upon the authority of a district attorney to manage his or her own
13prosecutorial unit.
SB127,26
14Section 26
. 978.03 of the statutes is amended to read:
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15978.03 Deputies and assistants in certain prosecutorial units. (1) The
16district attorney of any prosecutorial unit having a population of 750,000 or more
17may appoint 7 deputy district attorneys and such assistant district attorneys as may
18be requested by the department of administration
, or by the board, and authorized
19in accordance with s. 16.505. The district attorney shall rank the deputy district
20attorneys for purposes of carrying out duties under this section. The deputies,
21according to rank, may perform any duty of the district attorney, under the district
22attorney's direction. In the absence or disability of the district attorney, the deputies,
23according to rank, may perform any act required by law to be performed by the
24district attorney. Any such deputy must have practiced law in this state for at least
252 years prior to appointment under this section.
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1(1m) The district attorney of any prosecutorial unit having a population of
2200,000 or more but less than 750,000 may appoint 3 deputy district attorneys and
3such assistant district attorneys as may be requested by the department of
4administration
, or by the board, and authorized in accordance with s. 16.505. The
5district attorney shall rank the deputy district attorneys for purposes of carrying out
6duties under this section. The deputies, according to rank, may perform any duty
7of the district attorney, under the district attorney's direction. In the absence or
8disability of the district attorney, the deputies, according to rank, may perform any
9act required by law to be performed by the district attorney. Any such deputy must
10have practiced law in this state for at least 2 years prior to appointment under this
11section.
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12(2) The district attorney of any prosecutorial unit having a population of
13100,000 or more but not more than 199,999 may appoint one deputy district attorney
14and such assistant district attorneys as may be requested by the department of
15administration
, or by the board, and authorized in accordance with s. 16.505. The
16deputy may perform any duty of the district attorney, under the district attorney's
17direction. In the absence or disability of the district attorney, the deputy may
18perform any act required by law to be performed by the district attorney. The deputy
19must have practiced law in this state for at least 2 years prior to appointment under
20this section.
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21(3) Any assistant district attorney under sub. (1), (1m), or (2) must be an
22attorney admitted to practice law in this state and, except as provided in s. 978.043
23(1), may perform any duty required by law to be performed by the district attorney.
24The district attorney of the prosecutorial unit under sub. (1), (1m), or (2) may appoint
1such temporary counsel as may be authorized by the
department of administration 2board.
SB127,27
3Section 27
. 978.045 (1g) of the statutes is amended to read:
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978.045
(1g) A court on its own motion may appoint a special prosecutor under
5sub. (1r) or a district attorney may request a court to appoint a special prosecutor
6under that subsection. Before a court appoints a special prosecutor on its own motion
7or at the request of a district attorney for an appointment that exceeds 6 hours per
8case, the court or district attorney shall request assistance from a district attorney,
9deputy district attorney or assistant district attorney from other prosecutorial units
10or an assistant attorney general. A district attorney requesting the appointment of
11a special prosecutor, or a court if the court is appointing a special prosecutor on its
12own motion, shall notify the
department of administration, on a form provided by
13that department, of office that the district
attorney's attorney or the
court's inability 14court, whichever is appropriate, is unable to obtain assistance from another
15prosecutorial unit or from an assistant attorney general.
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16Section
28. 978.045 (1r) (bm) (intro.) of the statutes is amended to read:
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978.045
(1r) (bm) (intro.) The judge may appoint an attorney as a special
18prosecutor at the request of a district attorney to assist the district attorney in the
19prosecution of persons charged with a crime, in grand jury proceedings, in
20proceedings under ch. 980, or in investigations. Except as provided under par. (bp),
21the judge may appoint an attorney as a special prosecutor only if the judge or the
22requesting district attorney submits an affidavit to the
department of
23administration office attesting that any of the following conditions exists:
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24Section 29
. 978.045 (2) of the statutes is amended to read:
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1978.045
(2) If the
department of administration office approves the
2appointment of a special prosecutor under sub. (1r), the court shall fix the amount
3of compensation for the attorney appointed according to the rates specified in s.
4977.08 (4m) (b). The department of administration shall pay the compensation
5ordered by the court from the appropriation under s. 20.475 (1) (d). The court, district
6attorney, and the special prosecutor shall provide any information regarding a
7payment of compensation that the department requests. Any payment under this
8subsection earns interest on the balance due from the 121st day after receipt of a
9properly completed invoice or receipt and acceptance of the property or service under
10the order or contract, whichever is later, at the rate specified in s. 71.82 (1) (a)
11compounded monthly.
SB127,30
12Section 30
. 978.05 (9) of the statutes is amended to read:
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978.05
(9) Budget. Prepare a biennial budget request for submission to the
14department executive director under s.
978.11 978.004 (1) (b) by September 1 of each
15even-numbered year.
SB127,31
16Section 31
. 978.11 of the statutes is repealed.
SB127,32
17Section 32
. 978.12 (1) (c) of the statutes is amended to read:
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978.12
(1) (c)
Assistant district attorneys. Assistant district attorneys shall be
19employed outside the classified service. For purposes of salary administration, the
20administrator of the division of personnel management in the department of
21administration
, in consultation with the office, shall establish one or more
22classifications for assistant district attorneys in accordance with the classification
23or classifications allocated to assistant attorneys general. Except as provided in ss.
24111.93 (3) (b) and 230.12 (10), the salaries of assistant district attorneys shall be
25established and adjusted in accordance with the state compensation plan for
1assistant attorneys general whose positions are allocated to the classification or
2classifications established
by the administrator of the division of personnel
3management in the department of administration under this paragraph.
SB127,33
4Section 33
.
Nonstatutory provisions.
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(1)
Student loan payment pilot program.
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(a) The public defender board shall conduct a student loan payment pilot
7program for private bar attorneys who accept public defender appointments. The
8program shall provide up to $20,000 per year, or the outstanding balance on the
9attorney's student loans, whichever is less, to eligible attorneys to use to repay
10student loans. To be eligible to receive a payment under this paragraph in any
11calendar year, an attorney must meet all of the following criteria:
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121. The attorney is licensed to practice law in Wisconsin.
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132. The attorney is certified to accept state public defender appointments.
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143. The attorney agrees to accept a minimum of 50 state public defender
15appointments per year.
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164. The attorney maintains a law practice that either is headquartered or
17performs a demonstrated majority of its legal work in a county with a population of
1825,000 or fewer residents.
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195. The attorney has outstanding student loans that were incurred to obtain a
20juris doctor degree from an accredited university.
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(b) An attorney who will meet all of the criteria under par. (a) may apply for the
22student loan payment pilot program beginning on January 1 of each year to qualify
23to receive a payment at the end of that year. Applications will be accepted on a rolling
24basis and all payments will be disbursed in the order that applications are received.
25At the end of the year, the attorney must certify that he or she has met all of the
1criteria for that year and must provide proof of his or her outstanding student loan
2balance on January 1 of that year to determine the payment amount that he or she
3is eligible to receive under the program.
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(c) The public defender board may promulgate emergency rules under s. 227.24
5to implement the program under par. (a
) for the period before the effective date of
6permanent rules but not to exceed the period authorized under s. 227.24 (1) (c),
7subject to extension under s. 227.24 (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and
8(3), the board is not required to provide evidence that promulgating a rule under this
9paragraph as an emergency rule is necessary for the preservation of the public peace,
10health, safety, or welfare and is not required to provide a finding of emergency for a
11rule promulgated under this paragraph.
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(2)
Prosecutor board and state prosecutors office.
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(a)
Initial terms for prosecutor board members.
Notwithstanding s. 15.77, of
14the members of the prosecutor board who are appointed as initial members, one
15member representing each district under s. 752.11 (1) (b) and (d) and one member
16under s. 15.77 (3) shall serve for a one-year term and one member representing the
17district under s. 752.11 (1) (c), one member under s. 15.77 (2), and one member under
18s. 15.77 (3) shall serve for a 2-year term.
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(b)
Transfer of state prosecutors office.
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201. `Assets and liabilities.' On the effective date of this subdivision, the assets
21and liabilities of the department of administration that are primarily related to the
22state prosecutors office, as determined by the secretary of administration, become
23the assets and liabilities of the prosecutor board.
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242. `Tangible personal property.' On the effective date of this subdivision, all
25tangible personal property, including records, of the department of administration
1that is primarily related to the state prosecutors office, as determined by the
2secretary of administration, is transferred to the prosecutor board.
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33. `Contracts.' All contracts entered into by the department of administration
4that are primarily related to the state prosecutors office, as determined by the
5secretary of administration, in effect on the effective date of this subdivision, remain
6in effect and are transferred to the prosecutor board. The prosecutor board shall
7carry out any such contractual obligations unless modified or rescinded by the
8prosecutor board to the extent allowed under the contract.
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94. `Pending matters.' Any matter pending with the department of
10administration that is primarily related to the state prosecutors office, as
11determined by the secretary of administration, on the effective date of this
12subdivision, is transferred to the prosecutor board, and all materials submitted to or
13actions taken by the department of administration, with respect to the pending
14matter are considered as having been submitted to or taken by the prosecutor board.
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155. `Rules and orders.' All rules promulgated for the department of
16administration that are primarily related to the state prosecutors office, as
17determined by the secretary of administration, that are in effect on the effective date
18of this subdivision remain in effect until their specified expiration dates or until
19amended or repealed by the prosecutor board.
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(1)
District attorney pay progression. In the schedule under s. 20.005 (3) for
22the appropriation to the district attorneys under s. 20.475 (1) (em), the dollar amount
23for fiscal year 2019-20 is increased by $1,600,000 to fund the assistant district
24attorney pay progression system. In the schedule under s. 20.005 (3) for the
25appropriation to the district attorneys under s. 20.475 (1) (em), the dollar amount for
1fiscal year 2020-21 is increased by $3,200,000 to fund the assistant district attorney
2pay progression system.
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(2)
Additional assistant district attorney positions. In the schedule under
4s. 20.005 (3) for the appropriation to the district attorneys under s. 20.475 (1) (d), the
5dollar amount for fiscal year 2019-20 is increased by $3,320,000 to increase the
6authorized FTE assistant district attorney positions by 60.85 positions. In the
7schedule under s. 20.005 (3) for the appropriation to the district attorneys under s.
820.475 (1) (d), the dollar amount for fiscal year 2020-21 is increased by $4,427,000
9to provide funding for the positions authorized under this subsection. The state
10prosecutors office shall determine the districts in which such assistant district
11attorneys shall be placed.
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(3)
Assigned counsel rate. In the schedule under s. 20.005 (3) for the
13appropriation to the public defender board under s. 20.550 (1) (a), the dollar amount
14for fiscal year 2019-20 is increased by $16,612,700 to pay private attorneys
15appointed under s. 977.08 (4m) (c) on or after July 1, 2019. In the schedule under s.
1620.005 (3) for the appropriation to the public defender board under s. 20.550 (1) (a),
17the dollar amount for fiscal year 2020-21 is increased by $16,612,700 to pay private
18attorneys appointed under s. 977.08 (4m) (c) on or after July 1, 2019.
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(4)
Public defender pay progression. In the schedule under s. 20.005 (3) for
20the appropriation to the public defender board under s. 20.550 (1) (a), the dollar
21amount for fiscal year 2019-20 is increased by $1,767,900 to fund the assistant state
22public defender pay progression system. In the schedule under s. 20.005 (3) for the
23appropriation to the public defender board under s. 20.550 (1) (a), the dollar amount
24for fiscal year 2020-21 is increased by $3,535,800 to fund the assistant state public
25defender pay progression system.
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1(5)
Student loan payment pilot program. In the schedule under s. 20.005 (3)
2for the appropriation to the public defender board under s. 20.550 (1) (a), the dollar
3amount for fiscal year 2019-20 is increased by $250,000 to conduct a student loan
4payment pilot program under
Section 33 (1) of this act for private bar attorneys who
5accept public defender appointments and who meet certain additional criteria. In
6the schedule under s. 20.005 (3) for the appropriation to the public defender board
7under s. 20.550 (1) (a), the dollar amount for fiscal year 2020-21 is increased by
8$250,000 to conduct a student loan payment pilot program under
Section 33 (1) of
9this act for private bar attorneys who accept public defender appointments and who
10meet certain additional criteria.
SB127,21,1711
(6)
Investigations and forensics. In the schedule under s. 20.005 (3) for the
12appropriation to the department of justice under s. 20.455 (2) (a), the dollar amount
13for fiscal year 2019-20 is increased by $593,300 to increase the authorized FTE
14positions for the department by 10.0 positions. In the schedule under s. 20.005 (3)
15for the appropriation to the department of justice under s. 20.455 (2) (a), the dollar
16amount for fiscal year 2020-21 is increased by $742,600 to provide funding for the
17positions authorized under this subsection.
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(7)
State crime laboratory analysts. In the schedule under s. 20.005 (3) for
19the appropriation to the department of justice under s. 20.455 (2) (a), the dollar
20amount for fiscal year 2019-20 is increased by $785,400 to increase the authorized
21FTE positions for the department by 15.0 analyst positions on July 1, 2019, to
22improve the efficiency of operations at the state crime laboratories. In the schedule
23under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455
24(2) (a), the dollar amount for fiscal year 2020-21 is increased by $1,307,600, and for
25the appropriation to the department of justice under s. 20.455 (2) (kd), the dollar
1amount is increased by $1,328,700, to provide funding for the positions authorized
2under this subsection and to provide pay increases to state crime laboratory analysts
3under s. 230.12 (13).
SB127,22,94
(8)
Increase in court appointment rate. In the schedule under s. 20.005 (3) for
5the appropriation to the circuit courts under s. 20.625 (1) (cg), the dollar amount for
6fiscal year 2019-20 is increased by $2,500,000 to fund court appointments made at
7county expense. In the schedule under s. 20.005 (3) for the appropriation to the
8circuit courts under s. 20.625 (1) (cg), the dollar amount for fiscal year 2020-21 is
9increased by $5,000,000 to fund court appointments made at county expense.