For further information see the state and local 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:
SB881,1 1Section 1 . 20.505 (4) (d) of the statutes is amended to read:
SB881,4,62 20.505 (4) (d) Claims awards. A sum sufficient for payment of awards made
3by the claims board or department of administration under ss. 16.007, 775.05 (4),
4775.06 and 775.11, awards of financial assistance under s. 808.085, and awards made
5by an act of the legislature arising from a claim filed with the claims board which are
6not directed by law or under s. 16.007 (6m) to be paid from another appropriation.
SB881,2 7Section 2 . 20.515 (1) (ds) of the statutes is created to read:
SB881,4,118 20.515 (1) (ds) Payment of health insurance premiums for individuals who
9receive compensation for wrongful imprisonment.
A sum sufficient to pay the state's
10share of premium costs for health care benefits and the cost of administering the
11benefits for individuals under s. 40.516.
SB881,3 12Section 3 . 20.515 (1) (g) of the statutes is created to read:
SB881,4,1713 20.515 (1) (g) Benefit and coverage payments; health care coverage for
14individuals who receive compensation for wrongful imprisonment.
All moneys
15received from individuals under s. 40.516 who elect to be included in a health care
16coverage plan under s. 40.51 (6), for the payment of benefits and the cost of
17administering benefits for the individuals.
SB881,4 18Section 4 . 40.51 (1) of the statutes is amended to read:
SB881,5,4
140.51 (1) The procedures and provisions pertaining to enrollment, premium
2transmitted and coverage of eligible employees and individuals eligible for health
3care coverage under s. 40.516
for health care benefits shall be established by contract
4or rule except as otherwise specifically provided by this chapter.
SB881,5 5Section 5 . 40.516 of the statutes is created to read:
SB881,5,13 640.516 Health care coverage for individuals who receive
7compensation for wrongful imprisonment.
(1) Beginning on January 1, 2021,
8any individual who receives compensation under s. 775.05 after the effective date of
9this subsection .... [LRB inserts date], may elect coverage under any health care
10coverage plan offered under s. 40.51 (6) for a period equal to the time he or she was
11imprisoned, but not to exceed 7 years. An individual who is eligible to obtain health
12care coverage offered by his or her employer or by the employer of his or her spouse
13may not elect or continue coverage under this subsection.
SB881,5,20 14(2) The individual and the state shall jointly pay the full premium cost of health
15care coverage and the cost of administering the benefits under sub. (1). The amount
16that the individual must pay in health insurance premiums shall equal the amount
17required to be paid by state employees, as determined by the administrator of the
18division of personnel management in the department of administration under s.
1940.05 (4) (ah). The remainder of the premium cost for health care coverage for these
20individuals shall be paid from the appropriation account under s. 20.515 (1) (ds).
SB881,6 21Section 6 . 71.05 (6) (b) 54. of the statutes is created to read:
SB881,6,322 71.05 (6) (b) 54. Any amount received by an individual, or the individual's
23estate, from the claims board under s. 775.05 (4), from the legislature under the
24process described in s. 775.05 (4), from the state as a result of the state's payment of
25an individual's premium costs under s. 40.516 (2) to the extent that the amount is

1recognized by the individual as income, or from a financial assistance award granted
2under s. 808.085, in the taxable year that relates to the year in which the payment
3is received.
SB881,7 4Section 7. 227.03 (5) of the statutes is amended to read:
SB881,6,85 227.03 (5) This chapter does not apply to proceedings of the claims board,
6except as provided in ss. 775.05 (5), 775.06 (7) and 775.11 (2), and except that
7proceedings under s. 775.05 are subject to this chapter, unless otherwise provided in
8s. 775.05
.
SB881,8 9Section 8. 227.43 (1) (bw) of the statutes is created to read:
SB881,6,1110 227.43 (1) (bw) Assign a hearing examiner to preside over each hearing
11conducted under s. 775.05.
SB881,9 12Section 9 . 227.43 (3) (f) of the statutes is created to read:
SB881,6,1713 227.43 (3) (f) The administrator of the division of hearings and appeals may
14set the fees to be charged for any services rendered to the claims board by a hearing
15examiner under this section. The fee shall cover the total cost of the services. In no
16case may a fee that is set under this paragraph be imposed on, or passed down to, a
17petitioner described under s. 775.05 (2) (a).
SB881,10 18Section 10 . 301.051 of the statutes is created to read:
SB881,6,22 19301.051 Wrongful imprisonment; transition plan. Not more than 5 days
20after a court issues an order under s. 808.085 (1) (a) for a plan requested by an
21inmate, the department shall create a transition to release plan for the inmate. The
22plan shall do all of the following:
SB881,7,2 23(1) Provide the inmate with a written list of community resources available to
24the inmate upon his or her release from prison, including temporary housing and

1emergency shelters, food banks, education and job assistance, and health care
2services in the county into which the inmate will be released.
SB881,7,5 3(2) Provide the inmate with an individual counseling session with a person
4trained by the department or the county into which the inmate will be released to
5assist inmates in the transition to release from prison.
SB881,7,8 6(3) Schedule an appointment, set for not later than 2 weeks after the inmate's
7date of release, for the inmate to meet with a social worker or aid program
8administrator for the county into which the inmate will be released.
SB881,11 9Section 11 . 775.05 (2) of the statutes is renumbered 775.05 (2) (a) and
10amended to read:
SB881,7,2211 775.05 (2) (a) Any Except as provided in pars. (b) and (c), any person who is
12imprisoned as the result of his or her conviction for a crime in any court of this state,
13of which crime the person claims to be innocent, and who is released from
14imprisonment for that crime
whose conviction has been vacated and who has been
15subsequently acquitted, or whose conviction has been vacated and the charges have
16been dismissed, or who has received a pardon on the basis of innocence, any of which
17occurs
after March 13, 1980, may petition the claims board for compensation for such
18imprisonment. Upon Within 5 days after receipt of the petition, the claims board
19department of administration shall transmit a copy thereof to the prosecutor who
20prosecuted the petitioner and the judge who sentenced the petitioner for the
21conviction which is the subject of the claim, or their successors in office, for the
22information of these persons.