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SB127,7,15 14(3) Applicability. This section does not apply to emergency rules promulgated
15under s. 227.24.
SB127,10 16Section 10 . 227.19 (3) (em) of the statutes is created to read:
SB127,7,1817 227.19 (3) (em) The report of the state prosecutors office, if the proposed rule
18directly affects the state prosecutors office.
SB127,11 19Section 11 . 230.08 (2) (e) 7. of the statutes is amended to read:
SB127,7,2020 230.08 (2) (e) 7. Justice — 5 6.
SB127,12 21Section 12 . 230.08 (2) (qp) of the statutes is created to read:
SB127,7,2222 230.08 (2) (qp) The executive director in the office of state prosecutors.
SB127,13 23Section 13 . 230.12 (13) of the statutes is created to read:
SB127,8,524 230.12 (13) Department of justice state crime laboratories pay progression
25plan.
(a) There is established a pay progression plan for department of justice state

1crime laboratory analysts. The pay progression plan shall consist of 17 hourly salary
2steps, with each step equal to one-seventeenth of the difference between the lowest
3hourly salary and the highest hourly salary for the salary range for the analysts
4contained in the compensation plan. The pay progression plan shall be based
5entirely on merit.
SB127,8,136 (b) Beginning with the first pay period that occurs on or after July 1, 2020, all
7department of justice state crime laboratory analysts who have served with the state
8as analysts for a continuous period of 12 months or more, and who are not paid the
9maximum hourly rate, shall be paid an hourly salary at the step that is immediately
10above their hourly salary on June 30, 2020. All other analysts, who are not paid the
11maximum hourly rate, shall be paid an hourly salary at the step that is immediately
12above their hourly salary on June 30, 2020, when they have served with the state as
13analysts for a continuous period of 12 months.
SB127,8,2514 (c) Beginning with the first pay period that occurs on or after July 1, 2021, and
15with the first pay period that occurs on or after each succeeding July 1, all
16department of justice state crime laboratory analysts who have served with the state
17as analysts for a continuous period of 12 months or more, and who are not paid the
18maximum hourly rate, may, at the discretion of the attorney general, be paid an
19hourly salary at any step, or part thereof, above their hourly salary on the
20immediately preceding June 30. All other analysts who are not paid the maximum
21hourly rate may, at the discretion of the attorney general, be paid an hourly salary
22at any step, or part thereof, above their hourly salary on the immediately preceding
23June 30, when they have served with the state as agents for a continuous period of
2412 months. No salary adjustment for an analyst under this paragraph may exceed
2510 percent of his or her base pay during a fiscal year.
SB127,14
1Section 14. 230.33 (1) of the statutes is amended to read:
SB127,9,122 230.33 (1) A person appointed to an unclassified position by the governor,
3elected officer, judicial body, or prosecutor board, or by a legislative body or
4committee shall be granted a leave of absence without pay for the duration of the
5appointment and for 3 months thereafter, during which time the person has
6restoration rights to the former position or equivalent position in the department in
7which last employed in a classified position without loss of seniority. The person
8shall also have reinstatement privileges for 5 years following appointment to the
9unclassified service or for one year after termination of the unclassified appointment
10whichever is longer. Restoration rights and reinstatement privileges shall be
11forfeited if the reason for termination of the unclassified appointment would also be
12reason for discharge from the former position in the classified service.
SB127,15 13Section 15 . 977.02 (5) of the statutes is amended to read:
SB127,9,1914 977.02 (5) Promulgate rules establishing procedures to assure that
15representation of indigent clients by the private bar at the initial stages of cases
16assigned under this chapter is at the same level as the representation provided by
17the state public defender, including setting standards for and imposing conditions
18upon private bar attorney certification, decertification, or recertification to represent
19clients under this chapter
.
SB127,16 20Section 16 . 977.08 (3) (b) of the statutes is renumbered 977.08 (3) (b) 1. and
21amended to read:
SB127,9,2522 977.08 (3) (b) 1. A final set of lists for each county shall be prepared, certified,
23and annually updated by the state public defender. Persons may not be excluded
24from any a list unless only if the state public defender states in writing the reasons
25for such action in the context of accordance with subd. 2. and existing rules adopted

1by the state public defender board. Any attorney thus excluded shall then have the
2opportunity to
may appeal the state public defender's decision to the board, which
3shall issue a final decision in writing.
SB127,17 4Section 17 . 977.08 (3) (b) 2. of the statutes is created to read:
SB127,10,65 977.08 (3) (b) 2. An attorney may be excluded from a list under subd. 1. if any
6of the following applies:
SB127,10,87 a. The attorney fails or has failed to meet minimum attorney performance
8standards adopted by the state public defender.
SB127,10,99 b. The attorney fails or has failed to comply with SCR chapter 20.
SB127,10,1110 c. The attorney engages in conduct that is contrary to the interests of clients,
11the interests of justice, or the interests of the state public defender.
SB127,10,1312 d. The state public defender learns of any information that raises a concern
13about the attorney's character, performance, ability, or behavior.
SB127,18 14Section 18 . 977.08 (3) (c) of the statutes is amended to read:
SB127,10,1915 977.08 (3) (c) A person appointed from the set of lists prepared under par. (b)
161. shall be appointed in order from the top of each list; if any attorney thus appointed
17states in writing that he or she cannot accept the appointment, he or she shall be
18placed on the bottom of the list, and the attorney thus elevated to the top of the list
19shall be appointed.
SB127,19 20Section 19 . 977.08 (4m) (c) of the statutes is amended to read:
SB127,11,221 977.08 (4m) (c) Unless otherwise provided by a rule promulgated under s.
22977.02 (7r) or by a contract authorized under sub. (3) (f), for cases assigned on or after
23July 29, 1995, and before July 1, 2019, private local attorneys shall be paid $40 per
24hour for time spent related to a case, excluding travel, and $25 per hour for time spent
25in travel related to a case if any portion of the trip is outside the county in which the

1attorney's principal office is located or if the trip requires traveling a distance of more
2than 30 miles, one way, from the attorney's principal office.
SB127,20 3Section 20 . 977.08 (4m) (d) of the statutes is created to read:
SB127,11,104 977.08 (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.
SB127,21 11Section 21 . 978.001 (1b), (1d) and (1n) of the statutes are created to read:
SB127,11,1212 978.001 (1b) “Board" means the prosecutor board.
SB127,11,14 13(1d) “Executive director" means the executive director appointed under s.
14978.003 (3).
SB127,11,15 15(1n) “Office" means the state prosecutors office.
SB127,22 16Section 22 . 978.001 (1p) of the statutes is repealed.
SB127,23 17Section 23 . 978.003 of the statutes is created to read:
SB127,11,18 18978.003 Board; duties. The board shall do all of the following:
SB127,11,20 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.
SB127,11,22 21(2) At least annually submit to the joint committee on finance
22recommendations on the allocation of prosecutor resources.
SB127,11,24 23(3) Appoint an attorney with experience in criminal prosecution as the
24executive director of the office.
SB127,11,25 25(4) Oversee, and set policy initiatives for, the executive director.
SB127,12,2
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:
SB127,12,5 4978.004 State prosecutors office executive director. (1) The executive
5director shall do all of the following:
SB127,12,76 (a) Manage and direct the office subject to the policy initiatives set under s.
7978.003 (4).
SB127,12,98 (b) Prepare and submit to the board for its approval a budget and any personnel
9and employment policies that the board requires.
SB127,12,1110 (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.
SB127,12,1312 (d) Represent the board before the governor, the legislature, bar associations,
13courts, and other appropriate entities.
SB127,12,2014 (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.
SB127,13,321 (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.
SB127,13,6 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:
SB127,13,13 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:
SB127,13,25 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.
SB127,14,11
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.
SB127,14,20 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.
SB127,15,2 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:
SB127,15,154 978.045 (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.
SB127,28 16Section 28. 978.045 (1r) (bm) (intro.) of the statutes is amended to read:
SB127,15,2317 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:
SB127,29 24Section 29 . 978.045 (2) of the statutes is amended to read:
SB127,16,11
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:
SB127,16,1513 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:
SB127,17,318 978.12 (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.
SB127,17,55 (1) Student loan payment pilot program.
SB127,17,116 (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:
SB127,17,12 121. The attorney is licensed to practice law in Wisconsin.
SB127,17,13 132. The attorney is certified to accept state public defender appointments.
SB127,17,15 143. The attorney agrees to accept a minimum of 50 state public defender
15appointments per year.
SB127,17,18 164. 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.
SB127,17,20 195. The attorney has outstanding student loans that were incurred to obtain a
20juris doctor degree from an accredited university.
SB127,18,321 (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.
SB127,18,114 (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.
SB127,18,1212 (2) Prosecutor board and state prosecutors office.
SB127,18,1813 (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.
SB127,18,1919 (b) Transfer of state prosecutors office.
SB127,18,23 201. `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.
SB127,19,2 242. `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.
SB127,19,8 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.
SB127,19,14 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.
SB127,19,19 155. `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.
SB127,34 20Section 34. Fiscal changes.
SB127,20,221 (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.
SB127,20,113 (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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