The statutory term “crime considered at sentencing" is defined in broad terms. It encompasses all facts and reasonable inferences concerning the defendant's activity related to the crime for which the defendant was convicted, not just those facts necessary to support the elements of the specific charge of which the defendant was convicted. When determining, whether there is a causal nexus between the victim's claimed damage and the crime considered at sentencing, a court should take a defendant's entire course of conduct into consideration. In this case, the “crime considered at sentencing" included burglaries of the victim's home that the court found the defendant had committed prior to the date of the underlying crime even though proof of those burglaries was not necessary to sustain the defendant's conviction. State v. Queever, 2016 WI App 87
, 372 Wis. 2d 388
, 887 N.W.2d 912
Sub. (11) (c) and s. 301.32 (1) codify common law by specifically authorizing the Department of Corrections to take restitution from an inmate's account at an amount or a percentage the department determines is reasonable for payment to victims. State v. Williams, 2018 WI App 20
, 380 Wis. 2d 440
, 909 N.W.2d 177
A circuit court, acting as a sentencing court, lacks the competency to address an allegedly improper disbursement of funds by the Department of Corrections under sub. (11) (c) or s. 301.32 (1). Once an inmate is sentenced to prison, the inmate is under the control of the executive branch and must address any objections to the internal operating procedures of the department and then, if necessary, by writ of certiorari to the circuit court. State v. Williams, 2018 WI App 20
, 380 Wis. 2d 440
, 909 N.W.2d 177
The circuit court's finding that the victim met her burden under sub. (14) (a) in proving the amount of loss resulting from a crime considered at sentencing was not clearly erroneous. First, the victim met her burden to prove “the amount of loss sustained." Second, the defendant pled guilty to burglarizing the victim's home on a particular date. Third, there was no evidence presented at the restitution hearing that either the defendant or anyone else had stolen any of the listed items from the victim's home on days other than that date. State v. Wiskerchen, 2019 WI 1
, 385 Wis. 2d 120
, 921 N.W.2d 730
973.20 AnnotationArticle I, section 9m
, of the Wisconsin Constitution provides for restitution only insofar as the legislature confers that right through statute. The legislature makes restitution available to crime victims under this section and other statutes, but crime victims are not guaranteed restitution in every instance. Sub. (12) (b) makes clear that restitution payments take priority over specific statutory fees, surcharges, fines, and costs, but the priority scheme does not include supervision fees under s. 304.074. OAG 2-15
Sentencing courts may enter a civil judgment for unpaid restitution when an offender dies while incarcerated or under Department of Corrections supervision. OAG 2-20
Certificates of qualification for employment. 973.25(1)(b)
“Collateral sanction” means a penalty, ineligibility, disability, or disadvantage that is related to employment or to occupational licensing or certification and that is a result of the offender's criminal record. “Collateral sanction” does not include confinement in a jail or prison; probation, parole, or extended supervision; suspension or revocation of motor vehicle operating privileges; imposition of a forfeiture, fine, or assessment; costs of prosecution; or an order to pay restitution.
“Offender” means a person who has been convicted of a crime other than a violent crime, as defined in s. 165.84 (7) (ab)
(2) Council on offender employment.
The director of state courts shall provide forms for use in filing an application for a certificate of qualification for employment and shall convene a council on offender employment that shall review applications for certificates of qualification for employment. The council shall consist of the following 3 members: the attorney general, or his or her designee; the state public defender, or his or her designee; and the chairperson of the parole commission, or his or her designee. The council shall have the powers, duties, and responsibilities set forth in this section.
An offender who has been released from confinement may apply for a certificate of qualification for employment under this section if any of the following applies:
He or she has served at least 24 consecutive months of a term of confinement in prison in the Wisconsin state prisons.
He or she has served at least 12 consecutive months of a term of confinement in prison in the Wisconsin state prisons and at least 12 consecutive months of a term of extended supervision under s. 302.113
An offender may file an application for a certificate of qualification for employment with the council on offender employment on a form to be provided by the director of state courts along with an application fee of $20 that shall be deposited in the appropriation under s. 20.625 (1) (h)
. The council may waive the fee if the offender submits an affidavit along with the application in which he or she swears or affirms that he or she is unable to pay the application fee.
After receiving an application under par. (a)
, the council on offender employment shall request from the department of corrections and the department shall provide to the council all of the following information about the offender:
Any other reports of information gathered during the normal course of business, as requested by the council.
Within 60 days after receiving the information requested under par. (b)
, the council on offender employment shall issue an order granting or denying the offender's request for a certificate of qualification for employment.
(5) Granting of certificate; exceptions.
The council on offender employment shall grant an offender's application for a certificate of qualification for employment 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 he or she obtains a certificate of qualification for employment.
(6) Revocation of certificate of qualification for employment. 973.25(6)(a)(a)
If an offender is convicted of a felony or of a Class A or Class B misdemeanor after he or she is issued a certificate of qualification for employment, or if his or her probation, parole, or extended supervision is revoked for the commission of a crime, the court shall permanently revoke a certificate of qualification for employment issued under sub. (5)
The court may not revoke an offender's certificate of qualification for employment as a sanction for the offender's commission of an act or offense that is a violation of a condition of the offender's probation, parole, or extended supervision that is not a crime, or if the offender's probation, parole, or extended supervision is revoked as a result of the offender's commission of a noncriminal act.
(7) Admissibility of a certificate of qualification for employment in a fair employment proceeding.
A certificate of qualification for employment issued under sub. (5)
is not admissible as evidence in a proceeding alleging an act of discrimination on the basis of conviction record under subch. II of ch. 111
(8) Data collection; report to legislature.
The department of corrections shall prepare an annual report that includes, for each year, the number of applications that are received under this section, the number of certificates of qualification for employment that are issued, and the number of certificates of qualification for employment that are revoked and the reasons for revocation. The department shall submit the report to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2)
History: 2019 a. 123
; s. 35.17 correction in (1) (c), (4) (a), (7).