Under current law, WHEFA may issue bonds to finance certain projects of health, educational, research, and other nonprofit institutions. The bill requires that those health, educational, research, and other nonprofit institutions be located in this state, headquartered in this state, or serving a population in this state.
Financing working capital costs of certain nonprofit institutions
Under current law, WHEFA may issue bonds to finance certain projects of health, educational, research, and other nonprofit institutions. The bill authorizes WHEFA to issue bonds for the purpose of financing such institutions’ working capital costs.
Landlord-tenant
Notification of building code violations
Under current law, before entering into a lease with or accepting any earnest money or a security deposit from a prospective tenant, a landlord must disclose to the prospective tenant any building code or housing code violations of which the landlord has actual knowledge if the violation presents a significant threat to the prospective tenant’s health or safety. The bill eliminates the condition that the landlord have actual knowledge of such a violation and that the threat to the prospective tenant’s health or safety be “significant”; under the bill, the landlord must disclose to a prospective tenant a building code or housing code violation, regardless of whether the landlord has actual knowledge of the violation, if the violation presents a threat to the prospective tenant’s health or safety.
Local landlord-tenant ordinances, moratoria on evictions, and rental property inspection requirements
The bill also makes changes to local landlord-tenant ordinances, local moratoria on evictions, and local rental property inspection requirements. See Local Government.
Tourism
Tourism marketing funding from Indian gaming receipts
Current law requires DOA to transfer portions of Indian gaming receipts to the Department of Tourism for certain tourism marketing expenses. The bill eliminates that requirement. The bill leaves in place an appropriation funding the same purposes from GPR and from the transportation fund.
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. As a condition of receiving the grant, the Great Lakes Inter-Tribal Council must include information on the tourism promotion program in its annual report to DOA. 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.
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
Under current law, an eligible inmate may earn early release to parole or extended supervision by successfully completing a substance abuse 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.
Under current law, DOC operates a mother-young child care program in which females in DOC custody who are pregnant or have a child that is less than one year old may be placed in less restrictive custodial placements and participate in services aimed at creating a stable relationship between the mother and her child and preparing the mother to be able to live in a safe, lawful, and stable manner in the community.
The bill expands the earned release program to include two new options: 1) successful completion of the mother-young child care program, or 2) successful completion of a vocational readiness program, which includes educational, vocational, treatment, or other qualifying evidence-based training programs to reduce recidivism. The bill also provides that DOC, not the sentencing court, determines eligibility for earned release for all inmates.
Creating the Office of the Ombudsperson for Corrections
The bill creates the Office of the Ombudsperson for Corrections, attached to DOC. The office is under the direction of an ombudsperson, who is appointed by the governor, is approved by a three-quarters vote of the senate, and may be removed only by the governor, for just cause. Under the bill, the ombudsperson accepts complaints regarding facilities and abuse, unfair acts, and violations of rights of prisoners and juveniles from persons being held in state prisons and juvenile correctional facilities. Under the bill, the ombudsperson has the power to investigate a variety of actions by DOC and make recommendations on the basis of the investigations. If the ombudsperson determines to make a recommendation to a state prison or juvenile correctional facility, the superintendent of the state prison or juvenile correctional facility has 30 days to respond to the recommendations of the ombudsperson.
Also under the bill, the Office of the Ombudsperson for Corrections must annually publish a report of its findings, recommendations, and investigation results and distribute the report to the governor, the chief clerk of each house of the legislature, and the secretary of corrections.
Contracts for temporary housing for or detention of persons placed on probation or sentenced to imprisonment
Under current law, DOC may contract with local units of government for temporary housing or detention in jails or houses of correction for persons placed on probation or sentenced to imprisonment in state prisons or to the intensive sanctions program. Under such a contract, the rate may not exceed $60 per person per day. The bill increases the rate that may be set under such a contract to up to $80 per person per day.
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, 2026, 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 where 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 15, 2026, and DCF and DOC must submit in their 2027–29 biennial budget requests a request to implement the committee’s recommendations.
Contract payments for placement of juveniles
The bill creates a sum sufficient GPR appropriation for DOC to make payments under contracts for the placement of juveniles. The bill limits the appropriation to $20,000,000 in each fiscal year and sunsets it on July 1, 2029.
Juveniles placed at Mendota Juvenile Treatment Center
Under current law, DOC may transfer to the Mendota Juvenile Treatment Center (MJTC) juveniles who are under DOC’s supervision or juveniles who are placed in a Type 1 juvenile correctional facility regardless of whether those juveniles are under the supervision of DOC or a county department of social services or human services. Current law requires DOC to reimburse DHS for the cost of providing services to these juveniles at MJTC at a per person daily cost specified by DHS. The bill specifies that DOC is required to reimburse DHS only for the cost of services provided to juveniles who are under DOC’s supervision and are transferred to MJTC.
Daily rates for juvenile correctional services
Under current law, DOC charges counties for the costs of certain juvenile correctional services DOC provides according to a per person daily cost assessment specified in the statutes (daily rate). Counties use community youth and family aids (youth aids) funding allocated to them from various state and federal moneys to pay these costs. Under current law, the daily rate for care of a juvenile who is in a Type 1 juvenile correctional facility or transferred from a juvenile correctional facility to an inpatient treatment facility is set at $1,268 until June 30, 2025. The bill continues this daily rate until June 30, 2027.
Youth aids; allocations
Under current law, DCF is required to allocate to counties community youth and family aids (youth aids) funding. Youth aids funding comes from various state and federal moneys and is used to pay for state-provided juvenile correctional services and local delinquency-related and juvenile justice services. The bill updates the allocation of youth aids funding that is available to counties for the 2025-27 fiscal biennium.
The bill eliminates current law requirements that some of the youth aids funding be allocated for emergencies related to youth aids, for alcohol and other drug abuse treatment programs, and to reimburse counties that are purchasing community supervision services from DOC for juveniles. The bill also eliminates the community intervention program (CIP), under which DCF may award funding to counties for early intervention services for first offenders. The bill replaces these allocations and CIP with the youth justice system improvement program. Under the bill, DCF may use youth aids funding for the youth justice system improvement program to support diversion, prevention, and early intervention programs, to address emergencies related to youth aids, and to fund other activities required of DCF under youth aids.
Youth aids; administration
Under current law, youth aids funding is allocated to counties on a calendar year basis. Youth aids funds that are not spent in the calendar year can be carried forward three ways: 1) DCF may carry forward 5 percent of a county’s allocation for that county for use in the subsequent calendar year; 2) DCF may carry forward $500,000 or 10 percent of its unspent youth aids funds, whichever is larger, for use in the subsequent two calendar years; and 3) DCF may carry forward any unspent emergency funds for use in the subsequent two calendar years.
The bill changes the way that unspent youth aids are carried forward. Under the bill, DCF may still carry forward 5 percent of a county’s allocation for that county to use in the next calendar year. However, instead of carrying forward $500,000 or 10 percent of its unspent youth aids funds, whichever is larger, for use in the next two calendar years, under the bill, DCF may transfer 10 percent of unspent youth aids funds to the appropriation for the youth justice system improvement program.
COURTS AND PROCEDURE
Supreme court and circuit courts
Office of the Marshals of the Supreme Court
The bill creates the Office of the Marshals of the Supreme Court, to consist of one chief marshal of the supreme court, one deputy chief marshal of the supreme court, deputy marshals of the supreme court, and administrative personnel. The bill provides that the Office of the Marshals of the Supreme Court is a law enforcement agency and that the marshals of the supreme court are law enforcement officers who are employed for the purpose of detecting and preventing crime and enforcing laws or ordinances and are authorized to make arrests for violations of the laws or ordinances. The bill requires the marshals of the supreme court to meet the requirements established by the Law Enforcement Standards Board for officer certification, police pursuit, recruitment, and firearms training and to comply with any other statutory requirements applicable to a law enforcement agency.
The bill also provides that marshals of the Supreme Court are protective occupation participants in the Wisconsin Retirement System. Current law specifically classifies police officers, firefighters, and various other individuals as protective occupation participants. Under the WRS, the normal retirement age of a protective occupation participant is lower than that of other participants and the percentage multiplier used to calculate retirement annuities is higher for protective occupation participants than for other participants.
The bill further provides that the Office of the Marshals of the Supreme Court may provide police services to the state court system, with statewide jurisdiction; provide protective services for the supreme court justices and their offices; provide security assessments for the justices, judges, and facilities of the state court system; and provide safety and security support services and advanced security planning services for circuit court proceedings. The operation of the Office of the Marshals of the Supreme Court does not affect the operations or jurisdiction of sheriffs or local law enforcement agencies to perform courthouse security, handle active emergencies, perform criminal investigations, or perform any other law enforcement functions.
Circuit court payments
Under current law, the director of state courts must make payments to counties for certain circuit court costs. Under the bill, beginning on January 1, 2026, the director of state courts must make additional payments to circuit courts, including a payment that, beginning January 1, 2027, is available only to counties that operate an alternatives to prosecution and incarceration program.
Circuit court branches
The bill adds two additional circuit court branches for Brown County on August 1, 2026.
Special prosecutors and the state public defender
Compensation for special prosecutors
Under current law, the SPD provides legal representation for indigent persons in criminal and delinquency cases. The SPD assigns cases either to staff attorneys or to local private attorneys. A private attorney assigned to a case by the SPD is paid an hourly amount that varies depending on the year in which the case was assigned. For instance, a private attorney assigned a case between December 1, 1992, and July 29, 1995, was generally paid $50 per hour for time spent related to the case and $25 per hour for time spent in related travel. The amount has increased periodically; a private attorney assigned a case after July 1, 2023, is generally paid $100 per hour for time spent related to the case and $50 per hour for time spent in related travel.
Current law provides the same compensation to other attorneys as the compensation paid to a private attorney assigned to case by the SPD. For example, if a judge appoints a special prosecutor to perform the duties of a district attorney, the special prosecutor compensation is the amount paid to a private attorney for a case assigned between December 1, 1992, and July 29, 1995. The bill changes the compensation for the special prosecutor to be the amount paid to a private attorney assigned a case on the date the approval was made.
Private bar reimbursement rate for cases involving violent crimes
Under current law, the 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 on or after July 1, 2023, is paid $100 per hour for time spent related to the case and $50 per hour for time spent in travel related to a case. The bill increases the rate the private attorney is paid for cases to $125 per hour if the case is assigned on or after July 1, 2025, and involves a charge of a violent crime. The bill does not change the rate for cases that do not involve a charge of a violent crime or for travel.
District attorneys
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.
General courts and procedure
Privacy protection for federal judicial officers
The bill adds current and former district judges and magistrate judges for federal district courts in this state as well as current and former bankruptcy judges for federal bankruptcy courts in this state to the list of judicial officers to whom certain privacy protections apply. Current law provides, upon written request, certain privacy protections for the personal information of judicial officers. Among other protections, if a government agency receives a written request from a judicial officer, the government agency may not publicly post or display publicly available content that includes a judicial officer’s personal information. That information is also exempt from inspection and copying under public records law unless the agency has received consent to make that information available to the public. Under current law, upon written request, a data broker may not knowingly sell, license, trade, purchase, or otherwise make available for consideration the personal information of a judicial officer or a judicial officer’s immediate family. Current law also provides that, if the judicial officer has made a written request, no person, business, or association may publicly post or display on the Internet publicly available content that includes the personal information of a judicial officer or the judicial officer’s immediate family. The bill allows current and former federal district court judges, magistrate judges, and bankruptcy judges in this state to have these protections.
Sharing information regarding potential jurors
Under current law, DOT annually transmits to the director of state courts a list of persons residing in the state that includes certain information about those persons. Each year, the director of state courts uses that information to compile a master list of potential jurors for use by the state circuit courts. The bill requires DOT to also send that list to the clerks of court for the federal district courts within this state.
Also under current law, the director of state courts may request and use the following information, in addition to the DOT information, to create the master list: 1) a list of registered voters from the Elections Commission; 2) a list of individuals who filed state income tax returns with DOR; 3) a list of child support payors and payees from DWD; 4) a list of recipients of unemployment compensation from DWD; and 5) a list of state residents issued approvals or licenses from DNR. The bill requires, rather than allows, the director of state courts to use that information. The bill also modifies the requirements for those state agencies to transmit the lists they maintain to the director of state courts to be similar to DOT’s obligations. For example, the bill requires each state agency to annually transmit the list the agency maintains to the director of state courts without the need for the director of state courts to request the information.
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. In addition to qui tam claims, DOJ has independent authority to bring a claim against a person for making a false claim for medical assistance. The bill modifies provisions relating to DOJ’s authority to parallel the liability and penalty standards relating to qui tam claims and to parallel the forfeiture amounts provided under the federal False Claims Act.
CRIMES
Expungement
Under current law, a court may order a person’s criminal record expunged of a crime if all of the following apply:
1. The maximum term of imprisonment for the crime is six years or less (Class H felony and below).
2. The person committed the crime before the age of 25.
