AB150-ASA1-AA26,421,622 973.20 (11) (a) Except as otherwise provided in this paragraph, the restitution
23order shall require the defendant to deliver the amount of money or property due as
24restitution to the department for transfer to the victim or other person to be
25compensated by a restitution order under this section. If the defendant is not placed

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1on probation or community supervision or sentenced to prison, the court may order
2that restitution be paid to the clerk of court for transfer to the appropriate person.
3The court shall require the defendant to pay a surcharge equal to 5% of the total
4amount of any restitution, costs and attorney fees and any fines and related
5payments ordered under s. 973.05 (1) to the department or clerk of court for
6administrative expenses under this section.

AB150-ASA1-AA26,421,168 973.20 (13) (c) (intro.) The court, before imposing sentence or ordering
9probation or community supervision, shall inquire of the district attorney regarding
10the amount of restitution, if any, that the victim claims. The court shall give the
11defendant the opportunity to stipulate to the restitution claimed by the victim and
12to present evidence and arguments on the factors specified in par. (a). If the
13defendant stipulates to the restitution claimed by the victim or if any restitution
14dispute can be fairly heard at the sentencing proceeding, the court shall determine
15the amount of restitution before imposing sentence or ordering probation or
16community supervision. In other cases, the court may do any of the following:

AB150-ASA1-AA26,421,2218 973.20 (13) (c) 1. Order restitution of amounts not in dispute as part of the
19sentence or probation or community supervision order imposed and direct the
20appropriate agency to file a proposed restitution order with the court within 90 days
21thereafter, and mail or deliver copies of the proposed order to the victim, district
22attorney, defendant and defense counsel.

AB150-ASA1-AA26,422,324 973.20 (13) (c) 3. With the consent of the defendant, refer the disputed
25restitution issues to an arbitrator acceptable to all parties, whose determination of

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1the amount of restitution shall be filed with the court within 60 days after the date
2of referral and incorporated into the court's sentence or probation or community
3supervision order.

AB150-ASA1-AA26,422,135 973.20 (13) (c) 4. Refer the disputed restitution issues to a court commissioner
6or other appropriate referee, who shall conduct a hearing on the matter and submit
7the record thereof, together with proposed findings of fact and conclusions of law, to
8the court within 60 days of the date of referral. Within 30 days after the referee's
9report is filed, the court shall determine the amount of restitution on the basis of the
10record submitted by the referee and incorporate it into the sentence or probation or
11community supervision order imposed. The judge may direct that hearings under
12this subdivision be recorded either by audio recorder or by a court reporter. A
13transcript is not required unless ordered by the judge.

AB150-ASA1-AA26,422,1615 974.05 (1) (c) Judgment and sentence or order of probation or community
16supervision not authorized by law.

AB150-ASA1-AA26,423,218 974.06 (1) After the time for appeal or postconviction remedy provided in s.
19974.02 has expired, a prisoner in custody under sentence of a court or a person
20convicted and placed on community supervision under s. 973.095 or placed with a
21volunteers in probation program under s. 973.11 claiming the right to be released
22upon the ground that the sentence was imposed in violation of the U.S. constitution
23or the constitution or laws of this state, that the court was without jurisdiction to
24impose such sentence, or that the sentence was in excess of the maximum authorized

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1by law or is otherwise subject to collateral attack, may move the court which imposed
2the sentence to vacate, set aside or correct the sentence.".

AB150-ASA1-AA26,423,65 977.02 (4m) Promulgate rules for payments to the state public defender under
6s. 977.075.

AB150-ASA1-AA26,423,108 977.02 (4r) Promulgate rules that establish procedures to provide the
9department of administration with any information concerning the collection of
10payment ordered under s. 48.275 (2), 757.66, 973.06 (1) (e) or 977.076 (1).".

AB150-ASA1-AA26,423,1513 977.03 (2m) The board may promulgate rules that establish procedures to
14collect payment ordered under s. 48.275 (2), 757.66, 973.06 (1) (e) or 977.076 (1) from
15a prisoner's prison financial account.".

AB150-ASA1-AA26,423,24 20"(a) Verify the information necessary to determine indigency under s. 977.07
21(2). The information provided by a person seeking assigned counsel that is subject
22to verification shall include the social security numbers required on an application
23under sub. (1m), income records, value of assets, eligibility for public assistance, as
24defined in s. 16.20 (1) (fm), and claims of expenses.".

AB150-ASA1-AA26,424,84 977.06 (1) (a) Verify the information necessary to determine indigency under
5s. 977.07 (2). The information provided by a person seeking assigned counsel that
6is subject to verification shall include the social security numbers required on an
7application under sub. (1m), income records, value of assets, eligibility for public
8assistance, as defined in s. 16.20 106.215 (1) (fm), and claims of expenses.

AB150-ASA1-AA26,424,1410 977.06 (1m) Application for representation. A person seeking to have counsel
11assigned for him or her under s. 977.08, other than a child who is entitled to be
12represented by counsel under s. 48.23, shall provide the state public defender with
13his or her social security number and the social security numbers of his or her spouse
14and dependent children, if any.".

AB150-ASA1-AA26,424,2117 977.06 (2) (am) A person seeking to have counsel assigned for him or her under
18s. 977.08, other than a child who is entitled to be represented by counsel under s.
1948.23, shall sign a statement declaring that the information that he or she has given
20to determine eligibility for assignment of counsel he or she believes to be true and
21that he or she is informed that he or she is subject to the penalty under par. (b).".

AB150-ASA1-AA26,425,3

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1977.06 (3) (b) The state public defender may petition a court that ordered
2payment under s. 757.66, 973.06 (1) (e) or 977.076 (1) to modify an order or judgment
3to adjust the amount of payment or the scheduled amounts at any time.

AB150-ASA1-AA26,425,75 977.06 (3) (c) Except as provided in s. 48.275 (2) (b), an adjustment under this
6subsection shall be based on the person's ability to pay and on the fee schedule
7established by the board under s. 977.075 (3).".

AB150-ASA1-AA26,425,1410 977.07 (1) (a) Determination of indigency for persons entitled to counsel shall
11be made as soon as possible and shall be in accordance with the rules promulgated
12by the board under s. 977.02 (3) and the system established under s. 977.06. No
13determination of indigency is required for a child who is entitled to be represented
14by counsel under s. 48.23.".

AB150-ASA1-AA26,425,2219 977.06 (3) (a) Unless the court has made an adjustment under s. 973.06 (1) (e),
20upon determination at the conclusion of a case that a person's financial
21circumstances are changed, the state public defender may adjust the amount of
22payment for counsel under par. (a) in accordance with par. (a) and sub. (1) (a).".

AB150-ASA1-AA26,426,5 5"977.075 Payment for legal representation. (1) The board shall establish".

AB150-ASA1-AA26,426,14 9"(2) The board shall establish by rule a procedure for collecting a
10nonrefundable partial payment for services from persons who are responsible for
11payment for legal representation and who are not indigent in full. The rule shall
12require that the payment be due within 60 days after the commencement of
13representation. This subsection does not apply to a parent who is subject to s. 48.275
14(2) (b).

AB150-ASA1-AA26,426,20 15(3) The board shall establish by rule a fee schedule that sets the amount that
16a person, other than a parent under s. 48.275 (2) (b), who is responsible for payment
17for legal representation shall pay for the cost of the legal representation. The
18schedule shall establish a fee for a given type of case, and the fee for a given type of
19case shall be based on the average cost, as determined by the board, for
20representation for that type of case.

AB150-ASA1-AA26,427,8 22977.076 Collections. (1) If the state public defender notifies the court in
23which the underlying action was filed that a person who is required to reimburse the
24state public defender for legal representation has failed to make the required

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1payment or to timely make periodic payments, the court may issue a judgment on
2behalf of the state for the unpaid balance and direct the clerk of circuit court to file
3and docket a transcript of the judgment, without fee. If the court issues a judgment
4for the unpaid balance, the court shall send a notice to the person at his or her
5last-known address that a civil judgment has been issued for the unpaid balance.
6The judgment has the same force and effect as judgments issued under s. 806.10.
7Except as provided in s. 48.275 (2) (b), the judgment shall be based on the person's
8ability to pay and on the fee schedule established by the board under s. 977.075 (3).

AB150-ASA1-AA26,427,13 9(2) The department of administration may collect unpaid reimbursement
10payments to the state public defender ordered by a court under sub. (1) or s. 48.275
11(1) (a), 757.66 or 973.06 (1) (e). The department may contract with a private
12collection agency to collect these payments. Section 16.705 does not apply to a
13contract under this subsection.".

AB150-ASA1-AA26,427,19 16977.077 Deposit of payments received. Payments for services provided by
17the state public defender or other counsel under this chapter that are received
18pursuant to s. 977.07, 977.075 or 977.076 shall be deposited in the state treasury and
19credited to the appropriation under s. 20.550 (1) (L).".

AB150-ASA1-AA26,429,1013 992.06 (2) Whenever in the organization of corporations under chapter 146,
14laws of 1872, articles of association were made and adopted and signed by the
15persons forming such corporation, and there may have been a failure to make and
16record a verified copy thereof in the office of the register of deeds of the county in
17which such corporation is located, and such association, organization or corporation
18has in good faith carried on business and acted as a corporation for 25 years or more,
19such failure to make and record a verified copy of the articles of association shall not
20affect the validity of the corporation, but the same shall be a body corporate from and
21after the date of the making, adopting and signing of the articles of association, the
22same as though a verified copy had been duly made and recorded in the office of the
23register of deeds. Whenever any such corporation shall in good faith have attempted
24to change its corporate name, and shall in good faith have carried on and conducted

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1its business under such changed name for a period of 25 years or more, and shall
2record its original articles of incorporation, or the copy thereof, with the register of
3deeds, of the county in which such corporation has its principal office, and in case the
4said original articles of incorporation, or a copy thereof, cannot be obtained, a
5certificate from the secretary of state department of financial institutions showing
6that no such articles nor a copy thereof can be found in the office of the secretary of
7state records of the department of financial institutions, its acts, doings and
8proceedings heretofore done or which shall hereafter be done in or under such
9changed name shall be as valid and binding and as good in law as though done in or
10under the name contained in its original articles of association.

AB150-ASA1-AA26,429,1812 992.06 (3) All transfers of real estate heretofore made to corporations,
13organized under the laws of this state, executed, delivered, filed and recorded
14between the date of the filing of the articles of organization in the office of the
15secretary of state with the department of financial institutions and the date of the
16filing of a certified copy of said articles in the office of the register of deeds in the
17county wherein said corporation has its principal place of business, are hereby
18legalized, ratified, confirmed and validated.".