Wisconsin Legislature: 2003 Wisconsin Act 28

Date of enactment: May 19, 2003
2003 Assembly Bill 53 Date of publication*: June 2, 2003

* Section 991.11, Wisconsin Statutes 2001-02 : Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].

2003 WISCONSIN ACT 28

An Act to create 302.373 of the statutes; relating to: prisoner reimbursement to a municipality.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

28,1 Section 1. 302.373 of the statutes is created to read:

302.373 Prisoner reimbursement to municipality. (1) In this section:

(a) "Jail" means a county jail, a rehabilitation facility established by s. 59.53 (8), or a county house of correction under s. 303.16.

(b) "Prisoner" means a person who is incarcerated in a jail by court order under s. 800.095 (4) (b) 1.

(2) (a) Except as provided in par. (b), a city, village, or town may seek reimbursement from the prisoner for the amount paid to a county under s. 800.095 (6) for the expenses incurred by the county to incarcerate the prisoner.

(b) This section applies to expenses incurred after the effective date of this paragraph .... [revisor inserts date].

(3) Within 12 months after the release of a prisoner from jail, the city, village, or town shall commence a civil action in circuit court to obtain a judgment for the amount paid to the county under sub. (2) or be barred.

(4) Before entering a judgment in an action under sub. (3) for a city, village, or town, the court shall consider any legal obligations of the defendant for support or maintenance under ch. 767 and any moral obligation of the defendant to support dependents and may reduce the amount of the judgment entered for the city, village, or town based on those obligations.