AB150-ASA1-AA26,409,2

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1(ah) Any misdemeanor arising out of an arrest for a domestic abuse incident
2under s. 968.075.".

AB150-ASA1-AA26,409,6 4"(2m) If a person is convicted of a misdemeanor to which sub. (1) applies, a court
5may not place the person on probation but may place the person on community
6supervision under s. 973.095.

AB150-ASA1-AA26,409,108 940.20 (2m) (a) In this subsection, "probation and parole agent" means any
9person authorized by the department of corrections to exercise control over a
10probationer or parolee or a person on community supervision.".

AB150-ASA1-AA26,410,204 967.055 (2) (a) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss
5or amend a charge under s. 346.63 (1) or (5) or a local ordinance in conformity
6therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the
7use of a vehicle or an improper refusal under s. 343.305, the prosecutor shall apply
8to the court. The application shall state the reasons for the proposed amendment or
9dismissal. The court may approve the application only if the court finds that the
10proposed amendment or dismissal is consistent with the public's interest in deterring
11the operation of motor vehicles by persons who are under the influence of an
12intoxicant, a controlled substance or both, under the influence of any other drug to
13a degree which renders him or her incapable of safely driving, or under the combined
14influence of an intoxicant and any other drug to a degree which renders him or her
15incapable of safely driving, or in deterring the operation of commercial motor
16vehicles by persons with an alcohol concentration of 0.04 or more. The court may not
17approve an application to amend the vehicle classification from a commercial motor
18vehicle to a noncommercial motor vehicle unless there is evidence in the record that
19the motor vehicle being operated by the defendant at the time of his or her arrest was
20not a commercial motor vehicle.".

AB150-ASA1-AA26,411,3

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1969.01 (2) (a) Release pursuant to s. 969.02 or 969.03 may be allowed in the
2discretion of the trial court after conviction and prior to sentencing or the granting
3of probation or community supervision.

AB150-ASA1-AA26,411,225 969.01 (4) Considerations in setting conditions of release. If bail is imposed,
6it shall be only in the amount found necessary to assure the appearance of the
7defendant. Conditions of release, other than monetary conditions, may be imposed
8for the purpose of protecting members of the community from serious bodily harm
9or preventing intimidation of witnesses. Proper considerations in determining
10whether to release the defendant without bail, fixing a reasonable amount of bail or
11imposing other reasonable conditions of release are: the ability of the arrested person
12to give bail, the nature, number and gravity of the offenses and the potential penalty
13the defendant faces, whether the alleged acts were violent in nature, the defendant's
14prior criminal record, if any, the character, health, residence and reputation of the
15defendant, the character and strength of the evidence which has been presented to
16the judge, whether the defendant is currently on probation, community supervision
17or parole, whether the defendant is already on bail or subject to other release
18conditions in other pending cases, whether the defendant has been bound over for
19trial after a preliminary examination, whether the defendant has in the past
20forfeited bail or violated a condition of release or was a fugitive from justice at the
21time of arrest, and the policy against unnecessary detention of the defendant's
22pending trial.

AB150-ASA1-AA26,412,324 969.03 (3) Once bail has been given and a charge is pending or is thereafter filed
25or transferred to another court, the latter court shall continue the original bail in that

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1court subject to s. 969.08. A single bond form shall be utilized for all stages of the
2proceedings through conviction and sentencing or the granting of probation or
3community supervision.".

AB150-ASA1-AA26,412,146 971.165 (2) If the plea of not guilty by reason of mental disease or defect is tried
7to a jury, the court shall inform the jury that the effect of a verdict of not guilty by
8reason of mental disease or defect is that, in lieu of criminal sentence or, probation
9or community supervision, the defendant will be committed to the custody of the
10department of health and social services and will be placed in an appropriate
11institution unless the court determines that the defendant would not pose a danger
12to himself or herself or to others if released under conditions ordered by the court.
13No verdict on the plea of not guilty by reason of mental disease or defect may be valid
14or received unless agreed to by at least five-sixths of the jurors.".

AB150-ASA1-AA26,412,2017 972.13 (7) The department shall prescribe and furnish forms to the clerk of each
18county for use as judgments in cases where a defendant is placed on probation or
19community supervision or committed to the custody of the department pursuant to
20chs. 967 to 979.

AB150-ASA1-AA26,413,622 972.15 (5) (intro.) The department may use the presentence investigation
23report for correctional programming, parole consideration or care and treatment of
24any person sentenced to imprisonment or the intensive sanctions program, placed

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1on probation or community supervision, released on parole or committed to the
2department under ch. 51 or 971 or any other person in the custody of the department
3or for research purposes. The department may make the report available to other
4agencies or persons to use for purposes related to correctional programming, parole
5consideration, care and treatment, or research. Any use of the report under this
6subsection is subject to the following conditions:".

AB150-ASA1-AA26,413,169 973.015 (2) A person has successfully completed the sentence if the person has
10not been convicted of a subsequent offense and, if on probation, the probation has not
11been revoked and the probationer has satisfied the conditions of probation. If the
12person is on community supervision, the person has successfully completed the
13sentence if he or she has satisfied the conditions of community supervision. Upon
14successful completion of the sentence the detaining or probationary or supervising
15authority shall issue a certificate of discharge which shall be forwarded to the court
16of record and which shall have the effect of expunging the record.".

AB150-ASA1-AA26,413,2119 973.045 (1) (intro.) On or after October 1, 1983, if a court imposes a sentence
20or places a person on probation or community supervision, the court shall impose a
21crime victim and witness assistance surcharge calculated as follows:".

AB150-ASA1-AA26,414,52 973.046 (1) (intro.) Beginning on August 12, 1993, if a court imposes a sentence
3or places a person on probation or community supervision under any of the following
4circumstances, the court shall impose a deoxyribonucleic acid analysis surcharge of
5$250:".

AB150-ASA1-AA26,414,158 973.047 (1) (b) Except as provided in par. (a), if a court imposes a sentence or
9places a person on probation or community supervision for any violation under chs.
10940, 944 or 948 or ss. 943.01 to 943.15, the court may require the person to provide
11a biological specimen to the state crime laboratories for deoxyribonucleic acid
12analysis. The court may require the person to comply with the reporting
13requirements under s. 175.45 if the court determines that the underlying conduct
14was seriously sexually assaultive in nature and that it would be in the interest of
15public protection to have the person report under s. 175.45.

AB150-ASA1-AA26,415,2017 973.05 (2) When a defendant is sentenced to pay a fine and is also placed on
18probation or community supervision, the court may make the payment of the fine,
19the penalty assessment, the jail assessment, the crime victim and witness assistance
20surcharge, any applicable deoxyribonucleic acid analysis surcharge, any applicable
21drug abuse program improvement surcharge, any applicable domestic abuse
22assessment, any applicable uninsured employer assessment, any applicable driver
23improvement surcharge, any applicable weapons assessment, any applicable
24environmental assessment, any applicable wild animal protection assessment, any

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1applicable natural resources assessment and any applicable natural resources
2restitution payments a condition of probation or community supervision. When the
3payments are made a condition of probation or community supervision by the court,
4payments thereon shall be applied first to payment of the penalty assessment until
5paid in full, shall then be applied to the payment of the jail assessment until paid in
6full, shall then be applied to the payment of part A of the crime victim and witness
7assistance surcharge until paid in full, shall then be applied to part B of the crime
8victim and witness assistance surcharge until paid in full, shall then be applied to
9the deoxyribonucleic acid analysis surcharge until paid in full, shall then be applied
10to the drug abuse improvement surcharge until paid in full, shall then be applied to
11payment of the driver improvement surcharge until paid in full, shall then be applied
12to payment of the domestic abuse assessment until paid in full, shall then be applied
13to payment of the natural resources assessment if applicable until paid in full, shall
14then be applied to payment of the natural resources restitution payment until paid
15in full, shall then be applied to the payment of the environmental assessment if
16applicable until paid in full, shall then be applied to the payment of the wild animal
17protection assessment if applicable until paid in full, shall then be applied to
18payment of the weapons assessment until paid in full, shall then be applied to
19payment of the uninsured employer assessment until paid in full and shall then be
20applied to payment of the fine.

AB150-ASA1-AA26,415,2522 973.055 (1) (intro.) If a court imposes a sentence on an adult person or places
23an adult person on probation or community supervision, regardless of whether any
24fine is imposed, the court shall impose a domestic abuse assessment of $50 for each
25offense if:".

AB150-ASA1-AA26,416,167 973.09 (1) (a) Except as provided in par. (c) or s. 939.615 (2m) or if probation
8is prohibited for a particular offense by statute, if a person is convicted of a crime,
9the court, by order, may withhold sentence or impose sentence under s. 973.15 and
10stay its execution, and in either case place the person on probation to the department
11for a stated period, stating in the order the reasons therefor. The court may impose
12any conditions which appear to be reasonable and appropriate. The period of
13probation may be made consecutive to a sentence on a different charge, whether
14imposed at the same time or previously. If the court imposes an increased term of
15probation, as authorized under sub. (2) (a) 2. or (b) 2., it shall place its reasons for
16doing so on the record.

AB150-ASA1-AA26,416,23 18973.095 Community supervision. (1) If a person is convicted of a
19misdemeanor to which s. 939.615 (1) applies, a court may impose sentence, impose
20sentence and stay its execution or withhold sentence and, in any case, may place the
21person on community supervision to the department for a stated period not
22exceeding one year. A person placed on community supervision under this
23subsection shall be monitored by a probation and parole agent of the department.

AB150-ASA1-AA26,417,2

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1(2) A court may impose one or more of the following conditions when placing
2a person on community supervision under sub. (1):

AB150-ASA1-AA26,417,33 (a) Payment of any fine and any assessments, surcharges, costs or fees imposed.

AB150-ASA1-AA26,417,44 (b) Community service, as provided under sub. (3).

AB150-ASA1-AA26,417,55 (c) Restitution, as provided under sub. (5).

AB150-ASA1-AA26,417,66 (d) Alcohol and other drug abuse counseling, as provided under sub. (6).

AB150-ASA1-AA26,417,15 7(3) (a) The court may require as a condition of community supervision that the
8person placed on community supervision perform community service work for a
9public agency or a nonprofit charitable organization. The number of hours of work
10required may not exceed what would be reasonable considering the seriousness of the
11offense. An order may only apply if agreed to by the person placed on community
12supervision and the organization or agency. The court shall ensure that the person
13placed on community supervision is provided a written statement of the terms of the
14community service order and that the community service order is monitored by the
15department.

AB150-ASA1-AA26,417,1916 (b) Any organization or agency acting in good faith to which a person placed on
17community supervision is assigned under an order under this subsection has
18immunity from any civil liability in excess of $25,000 for acts or omissions by or
19impacting on the person placed on community supervision.

AB150-ASA1-AA26,418,2 20(4) (a) If the court does not order community supervision under sub. (3), the
21department may order that a person placed on community supervision perform
22community service work for a public agency or a nonprofit charitable organization.
23An order may apply only if agreed to by the person placed on community supervision
24and the organization or agency. The department shall ensure that the person placed
25on community supervision is provided a written statement of the terms of the

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1community service order and shall monitor the person's compliance with the
2community service order.

AB150-ASA1-AA26,418,83 (b) Any organization or agency acting in good faith to which a person placed on
4community supervision is assigned under an order under this subsection has
5immunity from any civil liability in excess of $25,000 for acts or omissions by or
6impacting on the person placed on community supervision. The department has
7immunity from any civil liability for acts or omissions by or impacting on the person
8placed on community supervision regarding the assignment under this subsection.

AB150-ASA1-AA26,418,15 9(5) (a) If the court places the person on community supervision, the court shall
10order the person to pay restitution under s. 973.20 unless the court finds there is
11substantial reason not to order restitution as a condition of community supervision.
12If the court does not require restitution to be paid to a victim, the court shall state
13its reason on the record. If the court does require restitution, it shall notify the
14department of justice of its decision if the victim may be eligible for compensation
15under ch. 949.

AB150-ASA1-AA26,419,216 (b) The department shall notify the sentencing court, any person to whom
17unpaid restitution is owed and the district attorney of the status of the ordered
18payments unpaid at least 90 days before the community supervision expiration date.
19If payment as ordered has not been made, the court shall issue a judgment for the
20unpaid restitution and direct the clerk to file and docket a transcript of the judgment,
21without fee, unless it finds that the victim has already recovered a judgment against
22the person placed on community supervision for the damages covered by the
23restitution order. If the court issues a judgment for the unpaid restitution, the court
24shall send to the person placed on community supervision and the victim at his or
25her last-known address written notification that a civil judgment has been issued

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1for the unpaid restitution. The judgment has the same force and effect as judgments
2docketed under s. 806.10.

AB150-ASA1-AA26,419,8 3(6) The court may order a person placed on community supervision to submit
4to and comply with an assessment by a treatment facility approved by the court for
5examination of the person's use of alcohol or other drugs and, if necessary,
6development of an alcohol or other drug abuse treatment plan for the person. The
7court may require the person placed on community supervision to pay the reasonable
8costs of an assessment and treatment ordered under this subsection.

AB150-ASA1-AA26,419,15 9(7) If the court has not ordered an assessment and treatment under sub. (6),
10the department may order a person placed on community supervision to submit to
11and comply with an assessment by a treatment facility approved by the department
12for examination of the person's use of alcohol or other drugs and, if necessary,
13development of an alcohol or other drug abuse treatment plan for the person. The
14department may require the person placed on community supervision to pay the
15reasonable costs of an assessment and treatment ordered under this subsection.

AB150-ASA1-AA26,419,19 16(8) When the person placed on community supervision has satisfied the
17conditions of his or her community supervision, the person placed on community
18supervision shall be discharged and the department shall issue the person a
19certificate of final discharge, a copy of which shall be filed with the clerk.

AB150-ASA1-AA26,419,23 20(9) A person who violates or fails to comply with community supervision
21ordered under sub. (1) may be proceeded against for contempt of court under ch. 785,
22except that a court may impose only the remedial sanctions specified in s. 785.04 (1)
23against that person.".

AB150-ASA1-AA26,420,122 973.20 (1) When imposing sentence or ordering probation or community
3supervision for any crime, the court, in addition to any other penalty authorized by
4law, shall order the defendant to make full or partial restitution under this section
5to any victim of the crime or, if the victim is deceased, to his or her estate, unless the
6court finds substantial reason not to do so and states the reason on the record.
7Restitution ordered under this section is a condition of probation , community
8supervision or parole served by the defendant for the crime. After the termination
9of probation, community supervision or parole, or if the defendant is not placed on
10probation, community supervision or parole, restitution ordered under this section
11is enforceable in the same manner as a judgment in a civil action by the victim named
12in the order to receive restitution or enforced under ch. 785.

AB150-ASA1-AA26,420,2014 973.20 (10) The court may require that restitution be paid immediately, within
15a specified period or in specified instalments. If the defendant is placed on probation
16or community supervision or sentenced to imprisonment, the end of a specified
17period shall not be later than the end of any period of probation, community
18supervision or parole. If the defendant is sentenced to the intensive sanctions
19program, the end of a specified period shall not be later than the end of the sentence
20under s. 973.032 (3) (a).

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.