DOA:......Schmidt, BB0480 - Crime Victim Services Grant Program
For 2025-2027 Budget -- Not Ready For Introduction
An Act ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
JUSTICE
Crime victim services grants
Current law provides for a number of surcharges that a court must impose on a person who is found to have committed crimes or violated ordinances. This bill creates a new crime victim services surcharge and requires a court to impose the surcharge when imposing a sentence, a period of probation, or a civil forfeiture on a person. The amount of the surcharge is the sum of 40 percent of any fine or forfeiture imposed or $40, whichever is greater, plus $50 for each conviction of a misdemeanor or felony.
The bill requires DOJ to use the funds collected from the surcharge to award grants to organizations that are eligible for federal funds to provide crime victim assistance. The grants from DOJ are intended to supplement the federal funds. In addition, the bill authorizes DOA to supplement the funds available for the grants if DOA determines that the amounts available are insufficient for crime victim services. Under the bill, if DOA determines the amounts available are insufficient, the amount that may be supplemented is capped to the difference between $44,500,000 and the sum of the federal funds received in that fiscal year for crime victim assistance plus the funds collected in that fiscal year from the crime victim services surcharge created in the bill.
For further information see the state 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:
Section 1. 16.311 of the statutes is created to read:
16.311 Supplement for crime victim services grants. (1) From the appropriation under s. 20.505 (1) (e), the secretary may supplement s. 20.455 (5) (km) if the secretary determines that the moneys received from the federal government for crime victim assistance under 34 USC 20103, together with the moneys received in each fiscal year from the crime victim services surcharge under s. 973.0452, are insufficient to provide grants to crime victim services organizations under s. 165.935. If the secretary determines under this subsection that moneys received are insufficient, the secretary shall determine the amount of the supplement, but the secretary may not determine an amount that is larger than the difference between $44,500,000 and the sum of the moneys received in each fiscal year under 34 USC 20103 plus the moneys received in each fiscal year under s. 973.0452. (2) In determining under sub. (1) whether the moneys received are insufficient, the secretary may consider any factor, including:
(a) The needs of rural and urban communities.
(b) The amount of funding that a crime victim services organization receives as a percentage of its operating budget from the state or federal government.
(c) The degree to which the services of a crime victim services organization are coordinated with other resources in the community and state.
(d) The degree to which the services of a crime victim services organization are provided either directly or through a contract, subcontract, service agreement, or collaborative agreement with other organizations, entities, or individuals.
Section 2. 20.455 (5) (gL) of the statutes is created to read:
20.455 (5) (gL) Grants for crime victim services. All moneys received from the crime victim services surcharge imposed under s. 973.0452 for the purpose of awarding grants under s. 165.935.
****Note: This Section involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
Section 3. 20.455 (5) (km) of the statutes is created to read:
20.455 (5) (km) Grants for crime victim services supplement — state funds. All moneys transferred from the appropriation account under s. 20.505 (1) (e) for the purposes of awarding grants under s. 165.935.
****Note: This Section involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
Section 4. 20.505 (1) (e) of the statutes is created to read:
20.505 (1) (e) Supplement to crime victim services grant program. A sum sufficient not to exceed in each fiscal year the amount determined under s. 16.311 (1) to supplement the crime victim services grant program under s. 165.935 as provided in s. 16.311.
****Note: This Section involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
Section 5. 165.935 of the statutes is created to read:
165.935 Crime victim services grants. (1) The department of justice shall award grants to eligible organizations from the appropriations under s. 20.455 (5) (gL) and (km) to provide services for crime victims. The department of justice shall award grants under this section in a manner consistent with 34 USC 20103. (2) An organization is eligible for a grant under this section if the department of justice determines that the organization meets the criteria under 34 USC 20103 (b). (3) The grant awards under this section may supplement federal funds under 34 USC 20103 but may not replace the funds. Section 6. 814.75 (5g) of the statutes is created to read:
814.75 (5g) The crime victim services surcharge under s. 973.0452.
Section 7. 814.76 (4p) of the statutes is created to read:
814.76 (4p) The crime victim services surcharge under s. 973.0452.
Section 8. 814.77 (3p) of the statutes is created to read:
814.77 (3p) The crime victim services surcharge under s. 973.0452.
Section 9. 814.78 (4p) of the statutes is created to read:
814.78 (4p) The crime victim services surcharge under s. 973.0452.
Section 10. 814.79 (3p) of the statutes is created to read:
814.79 (3p) The crime victim services surcharge under s. 973.0452.
Section 11. 814.80 (4p) of the statutes is created to read:
814.80 (4p) The crime victim services surcharge under s. 973.0452.
Section 12. 814.81 (4) of the statutes is created to read:
814.81 (4) The crime victim services surcharge under s. 973.0452.
Section 13. 973.0452 of the statutes is created to read:
973.0452 Crime victim services surcharge. (1) If a court imposes a sentence, places a person on probation, or imposes a forfeiture for a violation of a law or an ordinance, the court shall impose a crime victim services surcharge. A surcharge imposed under this subsection may not be waived, reduced, or forgiven for any reason. The amount of the surcharge is the combined amount of the following:
(a) Forty percent of the fine or forfeiture imposed or $40, whichever is greater, for each offense.
(b) For each misdemeanor or felony count for which a conviction occurred, $50.
(2) (a) In this subsection, “civil offense” means an offense punishable by a forfeiture.
(b) If the court finds a person committed a civil offense on or after the effective date of this paragraph .... [LRB inserts date], in addition to any forfeiture the court imposes, the court shall impose a crime victim services surcharge that is equal to the amounts under sub. (1) (a) and (b) if all of the following apply:
1. The person is charged with one or more misdemeanors or felonies in a complaint.
2. As a result of the complaint being amended, the person is charged with a civil offense in lieu of one of those misdemeanors or felonies.
(3) Notwithstanding sub. (1), the court may not impose the surcharge under sub. (1) for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations.
(4) (a) If a court of record imposes the surcharge under sub. (1), the clerk of the court shall determine the amount that is due and collect and transmit the amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall make payment to the secretary of administration as provided in s. 59.25 (3) (f) 2.
(b) If a municipal court imposes the surcharge under sub. (1), the court shall determine the amount due and collect and transmit the amount to the treasurer of the county, city, town, or village, and the treasurer shall make payment to the secretary of administration as provided in s. 66.0114 (1) (bm).
(5) If an inmate in a state prison or a person sentenced to a state prison has not paid the surcharge under sub. (1), the department shall assess and collect the amount owed from the inmate’s wages or other moneys. Any amount collected under this subsection shall be transmitted to the secretary of administration.
Section 9351. Initial applicability; Other.
(1) Crime victim services surcharge. The treatment of s. 973.0452 (1) first applies to sentences, periods of probation, or civil forfeitures imposed on the effective date of this subsection.
(end)
