4. Prohibit or limit a landlord from showing a premises to a prospective tenant
during a current tenant's tenancy.
5. Place requirements on a landlord with respect to security deposits or earnest
money or inspections that are in addition to what is required under administrative
rules.
6. Limit a tenant's responsibility for any damage to or neglect of the premises.
7. Require a landlord to provide any information to tenants or to the local
government any information that is not required to be provided under federal or
state law.
8. Require a residential property to be inspected except under certain
circumstances.
9. Impose an occupancy or transfer of tenancy fee on a rental unit.
Current law also prohibits local governments from regulating rent abatement
in a way that permits abatement for conditions other than those that materially
affect the health or safety of the tenant or that substantially affect the use and
occupancy of the premises. The bill eliminates all of these prohibitions.
Local moratorium on evictions
Current law prohibits local governments from imposing a moratorium on
landlords from pursuing evictions actions against a tenant. The bill eliminates that
prohibition.
Rental property inspection requirements
The bill makes various changes to the requirements relating to inspections of
rental properties. The bill eliminates existing limitations on inspection fees that
municipalities and counties may charge for rental property inspections. Under the
bill, a landlord must provide notice to a tenant of an impending inspection in the
same manner the landlord would provide notice under current law to enter for
repairs or to show the property to prospective tenants. The bill also provides that
rental property inspection fees charged by a municipality or county are not subject
to deduction from the municipality or county's tax levy.
Tourism
American Indian tourism marketing
The bill requires DOA to award an annual grant to the Great Lakes
Inter-Tribal Council to provide funding for a program to promote tourism featuring
American Indian heritage and culture. The bill also transfers from the Department
of Tourism to DOA a contract between the Great Lakes Inter-Tribal Council and the
Department of Tourism that relates to the promotion of tourism featuring American
Indian heritage and culture.
Major opportunities and events
The bill authorizes the Department of Tourism to expend moneys to attract
major opportunities and events to this state, including expenditures for major
marketing and professional efforts. The bill requires the department to collaborate
with WEDC to implement the department's duties under the bill.
Marketing clearinghouse
The bill repeals the requirement that the Department of Tourism maintain a
marketing clearinghouse to provide marketing services to state agencies.
Cheese distribution
Under current law, the Department of Tourism must distribute donated,
Wisconsin-made cheese at tourist information centers that the Department of
Tourism operates. The bill eliminates that requirement.
Famous residents in marketing
Under current law, the Council on Tourism must consider using famous current
and former residents of this state in tourism marketing strategies. The bill
eliminates that requirement.
WPGA Junior Foundation
Under current law, the WPGA Junior Foundation, Inc., which is a nonprofit
organization dedicated to promoting the game of golf to Wisconsin junior golfers and
their families, must submit to the attorney general and each house of the legislature
an audited financial statement of its use of payments paid to the WPGA Junior
Foundation, Inc., by the Department of Tourism to fund efforts to provide
opportunities, enjoyment, and education to junior golfers in this state. The bill
eliminates that reporting requirement.
Marketing efforts reporting requirement
Under current law, the Department of Tourism must annually report the
activities, marketing efforts, receipts, and disbursements of the Department of
Tourism for the previous fiscal year to the Senate Committee on Natural Resources
and Energy and the Assembly Committee on Tourism. The bill designates that these
annual reports be sent to the appropriate standing committees of the legislature.
correctional system
Adult correctional system
Earned compliance credit
The bill creates an earned compliance credit for time spent on extended
supervision or parole. Under current law, a person's extended supervision or parole
may be revoked if he or she violates a condition or rule of the extended supervision
or parole. If extended supervision or parole is revoked, the person is returned to
prison for an amount of time up to the length of the original sentence, less any time
actually served in confinement and less any credit for good behavior. Under current
law, when extended supervision or parole is revoked, the time spent on extended
supervision or parole is not credited as time served under the sentence.
Under the bill, an eligible inmate receives an earned compliance credit for time
served on extended supervision or parole. The earned compliance credit equals the
amount of time served on extended supervision or parole without violating any
condition or rule of extended supervision or parole. Under the bill, a person is eligible
to receive the earned compliance credit only if the person is not required to register
as a sex offender and is serving a sentence for a crime that is not a specified violent
crime or a specified crime against a child. Under the bill, if a person's extended
supervision or parole is revoked, he or she may be incarcerated for up to the length
of the original sentence, less any credit for time served in confinement, any credit for
good behavior, and any earned compliance credit.
Earned release
The bill expands the earned release program. Under current law, an eligible
inmate may earn early release to parole or extended supervision by successfully
completing a substance use disorder treatment program. An inmate is eligible for
earned release only if the inmate is serving time for a crime that is not a violent crime
and, for an inmate who is serving a bifurcated sentence, the sentencing court
determines that the inmate is eligible.
The bill expands the earned release program to include successful completion
of a vocational readiness program, which includes educational, vocational,
treatment, or other qualifying evidence-based training programs to reduce
recidivism, in addition to successful completion of a substance use disorder
treatment program. The bill also provides that DOC, not the sentencing court,
determines program participation eligibility for all inmates.
Notice to crime victims upon parole or release to extended supervision
Under current law, before a prisoner is released on parole or extended
supervision, the parole commission or DOC must notify certain individuals of the
pending release, including the victim of the crime or, if the victim died as a result of
the crime, an adult member of the victim's family or, if the victim is younger than 18
years old, the victim's parent or legal guardian. The bill provides that, if the victim
died as a result of the crime, the parole commission or DOC must also notify any
member of the victim's family who was younger than 18 years old at the time the
crime was committed but is now 18 years old or older.
Treatment of pregnant and postpartum person in prison and jail
The bill limits the use of physical restraints on pregnant and postpartum
persons who are in the custody of a correctional facility. Under the bill, a pregnant
person may not be restrained unless the restraints are reasonably necessary for the
legitimate safety and security needs of the person, correctional staff, other inmates,
or the public, and any restraints used must be the least restrictive possible under the
circumstances. In addition, the bill requires that each woman in the custody of a
correctional facility be offered testing for pregnancy, and, if pregnant, be offered
testing for sexually transmitted infections. The bill also requires the correctional
facility where the pregnant or postpartum person is being confined to provide
information related to pregnancy, labor, and the postpartum period, and to provide
access to certain health services related to pregnancy, labor, and the postpartum
period.
Reimbursement for law enforcement investigative services
Under current law, DOC must reimburse counties for certain expenses related
to an action or proceeding involving a prisoner in a state prison or a juvenile in a
juvenile correctional facility in the county. The bill adds that DOC must reimburse
any county, city, village, or town that provides law enforcement investigative services
for an incident involving a prisoner in a state prison or a juvenile in a juvenile
correctional facility.
Transfer of security operations at Wisconsin Resource Center
The bill transfers security operations at the Wisconsin Resource Center from
DOC to DHS. The transfer includes the transfer of assets, liabilities, position
authorizations and the incumbent employees holding those positions, tangible
personal property, contracts, and any currently pending matters.
Juvenile correctional system
Age of juvenile court jurisdiction
Under current law, a person 17 years of age or older who is alleged to have
violated a criminal law is subject to the procedures specified in the Criminal
Procedure Code and, on conviction, is subject to sentencing under the Criminal Code,
which may include a sentence of imprisonment in the Wisconsin state prisons.
Currently, subject to certain exceptions, a person under 17 years of age who is alleged
to have violated a criminal law is subject to the procedures specified in the Juvenile
Justice Code and, on being adjudicated delinquent, is subject to an array of
dispositions under that code, including placement in a juvenile correctional facility.
The bill raises from 17 to 18 the age at which a person who is alleged to have violated
a criminal law is subject to the procedures specified in the Criminal Procedure Code
and, on conviction, to sentencing under the Criminal Code.
Similarly, under current law, a person 17 years of age or older who is alleged to
have violated a civil law or municipal ordinance is subject to the jurisdiction and
procedures of the circuit court or, if applicable, the municipal court, while a person
under 17 years of age who is alleged to have violated a civil law or municipal
ordinance, subject to certain exceptions, is subject to the jurisdiction and procedures
of the court assigned to exercise jurisdiction under the Juvenile Justice Code. The
bill raises from 17 to 18 the age at which a person who is alleged to have violated a
civil law or municipal ordinance is subject to the jurisdiction and procedures of the
circuit court or, if applicable, the municipal court.
Seventeen-year-old juvenile justice aids
The bill creates a sum sufficient appropriation under DCF for
youth-aids-related purposes but only to reimburse counties, beginning on January
1, 2024, for costs associated with juveniles who were alleged to have violated a state
or federal criminal law or any civil law or municipal ordinance at age 17.
Juvenile Justice Reform Review Committee
The bill creates a Juvenile Justice Reform Review Committee in DCF, with
members appointed by the governor. Under the bill, the committee is charged with
studying and providing recommendations to DCF and DOC on how to do all of the
following:
1. Increase the minimum age of delinquency.
2. Eliminate original adult court jurisdiction over juveniles.
3. Modify the waiver procedure for adult court jurisdiction over juveniles and
incorporate offenses currently subject to original adult court jurisdiction into the
waiver procedure.
4. Eliminate the serious juvenile offender program and create extended
juvenile court jurisdiction with a blended juvenile and adult sentence structure for
certain juvenile offenders.
5. Prohibit placement of a juvenile in a juvenile detention facility for a status
offense and limit sanctions and short-term holds in a juvenile detention facility to
cases in which there is a public safety risk.
6. Sunset long-term post-disposition programs at juvenile detention facilities.
7. Create a sentence adjustment procedure for youthful offenders.
8. Conform with the U.S. Constitution the statutes that mandate imposing
sentences of life imprisonment without parole or extended supervision to minors.
Under the bill, the committee terminates on September 16, 2024, and DCF and
DOC must submit in their 2025-27 biennial budget requests a request to implement
the committee's recommendations.
Daily rates for juvenile correctional services
The bill increases the per person daily rate paid by counties to DOC for services
provided to juveniles who are placed in a Type 1 juvenile correctional facility from
$1,178 in fiscal year 2022-23 to $1,246 in fiscal year 2023-24 and $1,268 in fiscal
year 2024-25.
Courts and procedure
Public defenders and district attorneys
Private bar reimbursement rate
Under current law, the state public defender (SPD) provides legal
representation for indigent persons in criminal, delinquency, and certain related
cases. The SPD assigns cases either to staff attorneys or to local private attorneys.
Generally, a private attorney who is assigned a case by the SPD is paid $70 per hour
for time spent related to the case and $25 per hour for time spent in travel related
to a case. The bill increases the rate the private attorney is paid for cases assigned
on or after July 1, 2023. Under the bill, a private attorney is paid $100 per hour for
time spent related to a case, excluding travel, and $50 per hour for time spent in
travel related to a case.
Annual caseload standards exemption
Under current law, the SPD may exempt up to 10 full-time assistant SPDs in
the trials subunit from annual caseload standards based on their need to perform
other assigned duties. Under the bill, beginning on July 1, 2023, the SPD may
exempt up to 25 such assistant SPDs from annual caseload standards based on their
need to perform other assigned duties.
Increase in deputy district attorney allocation
The bill increases the number of deputy district attorneys that may be
appointed in a prosecutorial unit with a population of 200,000 or more but less than
750,000 from three deputy district attorneys to four deputy district attorneys.
Circuit courts
Statutory addition of new circuit court branches
The bill adds to the statutory list of judicial circuit branches to reflect the circuit
court branches authorized under
2019 Wisconsin Act 184 to be added by the director
of state courts, with four designated to begin operation in August 2022 and four
designated to begin operation in August 2023.
Under current law, the statutes contain a list dividing, by administrative
district and judicial circuit, how many branches each circuit has. Act 184 authorized
the director of state courts to add four additional circuit court branches to begin
operation on August 1, 2022, and four additional circuit court branches to begin
operation on August 1, 2023. Act 184 further authorized the director of state courts
to allocate each new branch to any county that the director of state courts determined
to be in need of an additional circuit court branch and that established, or will have
established, by May 31 of the year the court would begin operation, the appropriate
infrastructure to support an additional circuit court branch. Act 184 further
authorized the director of state courts to require any county, as a condition for
receiving a circuit court branch allocation, to have established or to apply for a grant
to establish a drug court. The director of state courts allocated new circuit court
branches to Adams, Eau Claire, Vilas, and Waushara Counties, which were
designated to begin operation on August 1, 2022. The director of state courts has also
allocated new circuit court branches to Clark, Manitowoc, Sawyer, and Wood
Counties, and these are designated to begin operation on August 1, 2023.
Reimbursements for pretrial risk assessments
The bill requires the director of state courts to reimburse counties for circuit
court costs related to implementing the use of pretrial risk assessments. The director
of state courts must make the payments from a new biennial general program
operations appropriation created in the bill.
Certificates of qualification for employment
The bill eliminates the $20 application fee for an individual convicted of a crime
to apply for a certificate of qualification for employment. Under current law, certain
nonviolent offenders who have been released from confinement may apply to the
Council on Offender Employment for a certificate, and the council generally must
approve an offender's application if the council finds that the offender is not likely
to pose a risk to public safety, that the certificate will substantially assist the offender
in obtaining employment or occupational licensing or certification, and that the
offender is less likely to commit an additional criminal offense if the offender obtains
a certificate. Under current law, a certificate provides relief to an offender from
ineligibility for or disadvantage related to employment, occupational licensing, or
occupational certification that results from the offender's criminal record. A
certificate also incentivizes an employer to hire an offender by providing the
employer with limited immunity from civil liability related to acts or omissions of the
offender.
General courts and procedure
Extreme risk protection injunctions
Under current law, a person is prohibited from possessing a firearm, and must
surrender all firearms, if the person is subject to a domestic abuse injunction, a child
abuse injunction, or, in certain cases, a harassment or an individuals-at-risk
injunction. If a person surrenders a firearm because the person is subject to one of
those injunctions, the firearm may not be returned to the person until a court
determines that the injunction has been vacated or has expired and that the person
is not otherwise prohibited from possessing a firearm. A person who is prohibited
from possessing a firearm under such an injunction is guilty of a Class G felony for
violating the prohibition.
The bill creates an extreme risk protection temporary restraining order and
injunction to prohibit a person from possessing a firearm. Under the bill, either a
law enforcement officer or a family or household member of the person may file a
petition with a court to request an extreme risk protection injunction. The petition
must allege facts that show that the person is substantially likely to injure himself
or herself or another if the person possesses a firearm.
Under the bill, the petitioner may request the court to consider first granting
a temporary restraining order (TRO). If the petitioner requests a TRO, the petitioner
must include evidence that there is an immediate and present danger that the person
may injure himself or herself or another if the person possesses a firearm and that
waiting for the injunction hearing increases the immediate and present danger.
If the petitioner requests a TRO, the court must hear the petition in an
expedited manner. The judge must issue a TRO if, after questioning the petitioner
and witnesses or relying on affidavits, the judge determines that it is substantially
likely that the petition for an injunction will be granted and the judge finds good
cause to believe there is an immediate and present danger that the person will injure
himself or herself or another if the person has a firearm and that waiting for the
injunction hearing may increase the immediate and present danger. If the judge
issues a TRO, the TRO is in effect until the injunction hearing, which must occur
within 14 days. The TRO must require a law enforcement officer to personally serve
the person with the order and to require the person to immediately surrender all
firearms in his or her possession. If a law enforcement officer is unable to personally
serve the person, then the TRO requires the person to surrender within 24 hours all
firearms to a law enforcement officer or a firearms dealer and to provide the court
a receipt indicating the surrender occurred.
At the injunction hearing, the court may grant an extreme risk protection
injunction ordering the person to refrain from possessing a firearm if the court finds
by clear and convincing evidence that the person is substantially likely to injure
himself or herself or another if the person possesses a firearm. If the person was not
subject to a TRO, the court also must order the person to surrender all firearms he
or she possesses. An extreme risk protection injunction is effective for up to one year
and may be renewed. A person who is subject to an extreme risk protection
injunction may petition to vacate the injunction.
A person who possesses a firearm while subject to an extreme risk protection
TRO or injunction is guilty of a Class G felony. If a person surrenders a firearm
because the person is subject to an extreme risk protection TRO or injunction, the
firearm may not be returned to the person until a court determines that the TRO has
expired or the injunction has been vacated or has expired and that the person is not
otherwise prohibited from possessing a firearm.
Finally, a person who files a petition for an extreme risk protection injunction,
knowing the information in the petition to be false, is guilty of the crime of false
swearing, a Class H felony.
Qui tam actions for false claims
The bill restores a private individual's authority to bring a qui tam claim
against a person who makes a false or fraudulent claim for Medical Assistance,
which was eliminated in
2015 Wisconsin Act 55, and further expands qui tam actions
to include any false or fraudulent claims to a state agency. A qui tam claim is a claim
initiated by a private individual on his or her own behalf and on behalf of the state
against a person who makes a false claim relating to Medical Assistance or other
moneys from a state agency. The bill provides that a private individual may be
awarded up to 30 percent of the amount of moneys recovered as a result of a qui tam
claim, depending upon the extent of the individual's contribution to the prosecution
of the action. The individual may also be entitled to reasonable expenses incurred
in bringing the action, as well as attorney fees. The bill includes additional changes
not included in the prior law to incorporate provisions enacted in the federal Deficit
Reduction Act of 2005 and conform state law to the federal False Claims Act,
including expanding provisions to facilitate qui tam actions and modifying the bases
for liability to parallel the liability provisions under the federal False Claims Act.
