AB150,2335,173 973.013 (3m) If a person who has not attained the age of 16 years is sentenced
4to the Wisconsin state prisons, the department of corrections shall place the person
5at a secured juvenile correctional facility, unless the department of health and social
6services, after consultation with the department of corrections , determines that
7placement in an institution under s. 302.01 is appropriate based on the person's prior
8record of adjustment in a correctional setting, if any; the person's present and
9potential vocational and educational needs, interests and abilities; the adequacy and
10suitability of available facilities; the services and procedures available for treatment
11of the person within the various institutions; the protection of the public; and any
12other considerations promulgated by the department of health and social services
13corrections by rule. This subsection does not preclude the department of corrections
14from designating an adult correctional institution as a reception center for the
15person and subsequently transferring the person to a secured juvenile correctional
16facility. Section 302.11 and ch. 304 apply to all persons placed in a secured juvenile
17correctional facility under this subsection.

AB150,2335,2119 973.014 (1) (c) The person is not eligible for parole. This paragraph applies only
20if the court sentences a person for a crime committed on or after the effective date
21of this paragraph .... [revisor inserts date].

AB150,2336,523 973.032 (2) (a) A court may sentence a person under sub. (1) if the department
24provides a presentence investigation report recommending that the person be
25sentenced to the program. If the department does not make the recommendation,

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1a court may order the department to assess and evaluate the person. After that
2assessment and evaluation, the court may sentence the person to the program unless
3the department objects on the ground that the presumptively appropriate sentence
4under the sentencing guideline matrices is it recommends that the person be placed
5on probation.

AB150,2336,97 973.055 (3) All moneys collected from domestic abuse assessments shall be
8deposited by the state treasurer in s. 20.435 (7) (1) (hh) and utilized in accordance
9with s. 46.95.

AB150,2336,1411 973.06 (1) (e) Attorney fees payable to the defense attorney by the county or
12the state. If the court determines at the time of sentencing that the defendant's
13financial circumstances are changed, the court may adjust the amount in accordance
14with s. 977.07 (1) (a) and (2) (a).

AB150,2336,17 16973.135 (title) Courts to report convictions to the state superintendent
17department of public instruction education.

AB150,2336,20 20973.135 (1) (a) "Department" means the department of education.

AB150,2337,323 973.135 (2) If a court determines that a person convicted of a crime specified
24in ch. 948, including a crime specified in s. 948.015, a felony for which the maximum
25term of imprisonment is at least 5 years, 4th degree sexual assault under s. 940.225

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1(3m) or a crime in which the victim was a child, is employed by an educational agency,
2the clerk of the court in which such conviction occurred shall promptly forward to the
3state superintendent department the record of conviction.

AB150,2337,75 973.135 (3) If a conviction under sub. (2) is reversed, set aside or vacated, the
6clerk of the court shall promptly forward to the state superintendent department a
7certificate stating that the conviction has been reversed, set aside or vacated.

AB150,2337,1610 977.05 (4) (j) At the request of any person determined by the state public
11defender to be indigent or upon referral of any court, prosecute a writ of error, appeal,
12action or proceeding for habeas corpus or other postconviction or post-commitment
13remedy or attack the conditions of confinement on behalf of the person before any
14court, if the state public defender determines the case should be pursued. The state
15public defender must pursue the case of any indigent person entitled to counsel
16under s. 971.17 (7) (b) 1. or 980.03 (2) (a).

AB150,2337,1818 977.05 (6) (title) Restriction Restrictions.

AB150,2337,2421 977.05 (6) (a) The state public defender shall may not provide legal services or
22assign counsel for cases involving a person subject to contempt of court proceedings
23involving the alleged failure of the person to pay a forfeiture to a county or
24municipality.

AB150,2338,3

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1977.05 (6) (b) The state public defender may not provide legal services or assign
2counsel for a person subject to contempt of court proceedings under s. 767.30 or
3767.305 for failure to pay child or family support, if any of the following applies:

AB150,2338,54 1. The action is not brought by the state, its delegate under s. 59.458 (1) or an
5attorney appointed under s. 767.045 (1) (c).

AB150,2338,86 2. The judge or family court commissioner before whom the proceedings shall
7be held certifies to the state public defender that the person will not be incarcerated
8if he or she is found in contempt of court.

AB150,2338,12 10977.06 Indigency determinations; redeterminations; verification;
11collection. (1) Duties. The public defender shall determine whether persons are
12indigent and shall establish a system to do all of the following:

AB150,2338,1413 (a) Verify the information regarding assets, income and expenses and income
14specified under s. 977.07 (2).

AB150,2338,1615 (b) Redetermine indigency during the course of representation of persons
16receiving representation.

AB150,2338,1817 (c) Record the amount of time spent on each case by the attorney appointed
18under s. 977.08.

AB150,2338,2119 (d) Collect for the cost of representation from persons who are indigent in part
20or who have been otherwise determined to be able to reimburse the state public
21defender for the cost of providing counsel.

AB150,2338,2323 977.06 (2) (title) Verifications.

AB150,2338,2525 977.06 (3) (title) Redeterminations.

AB150,2339,22 977.06 (4) (title) Oversight.

AB150,2340,185 977.07 (2) The representative of the state public defender or the authority for
6indigency determinations specified under sub. (1) making a determination of
7indigency shall ascertain the assets of the person which exceed the amount needed
8for the payment of reasonable and necessary expenses incurred, or which must be
9incurred to support the person and the person's immediate family. The assets shall
10include disposable income, cash in hand, stocks and bonds, bank accounts and other
11property which can be converted to cash within a reasonable period of time and is not
12needed to hold a job, or to shelter, clothe and care for the person and the person's
13immediate family. Assets which cannot be converted to cash within a reasonable
14period of time, such as a person's home, car, household furnishings, clothing and
15other property which has been declared exempt from attachment or execution by law,
16shall be calculated to be assets equivalent in dollars to the amount of the loan which
17could be, in fact, raised by using these assets as collateral. Assets also include any
18money expended by the person to post bond to obtain release regarding the current
19alleged offense. If the person's assets, less reasonable and necessary living expenses,
20are not sufficient to cover the anticipated cost of effective representation when the
21length and complexity of the anticipated proceedings are taken fully into account, the
22person shall be determined to be indigent in full or in part. The determination of the
23ability of the person to contribute to the cost of legal services shall be based upon
24specific written standards relating to income, assets and the anticipated cost of
25representation. If found to be indigent in full or in part, the person shall be promptly

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1informed of the state's right to payment or recoupment under s. 48.275 (2), 757.66
2or 973.06 (1) (e), and the possibility that the payment of attorney fees may be made
3a condition of probation, should the person be placed on probation. Furthermore, if
4found to be indigent in part, the person shall be promptly informed of the extent to
5which he or she will be expected to pay for counsel, and whether the payment shall
6be in the form of a lump sum payment or periodic payments. The person shall be
7informed that the payment amount may be adjusted if his or her financial
8circumstances change by the time of sentencing. The payment and payment
9schedule shall be set forth in writing. Payments for services of the state public
10defender or other counsel provided under this chapter made pursuant to this
11subsection shall be paid to the state public defender for deposit in the state treasury
12and credited to the appropriation under s. 20.550 (1) (ja) (L). Under this subsection,
13reasonable and necessary living expenses equal the applicable payment amount
14under s. 49.19 (11) (a) 1. plus other specified, emergency or essential costs. The
15representative or authority making the determination of indigency shall consider
16any assets of the spouse of the person claiming to be indigent as if they were assets
17of the person, unless the spouse was the victim of a crime allegedly committed by the
18person.

AB150,2340,2521 977.06 (3) Unless the court has made an adjustment under s. 973.06 (1) (e),
22upon determination at the conclusion of a case that a person's financial
23circumstances are changed, the state public defender may shall adjust the amount
24of payment for counsel under par. (a) s. 977.07 (2) in accordance with par. (a) and sub.
25s. 977.07 (1) (a) and (2).

AB150,2341,113 977.06 (2) (a) A person seeking to have counsel assigned for him or her under
4s. 977.08, other than a child who is entitled to be represented by counsel under s.
548.23, shall sign a statement declaring that he or she has not disposed of any assets
6for the purpose of qualifying for that assignment of counsel. If the representative
7or authority making the indigency determination finds that any asset was disposed
8of for less than its fair market value for the purpose of obtaining that assignment of
9counsel, the asset shall be counted under par. (a) s. 977.07 (2) at its fair market value
10at the time it was disposed of, minus the amount of compensation received for the
11asset.

AB150,2341,1916 977.06 (4) (b) (intro.) The state public defender shall promptly release a copy
17of any statement, affidavit or other information provided by a person regarding
18financial eligibility under this section s. 977.07 only if the state public defender or
19a circuit court finds all of the following:

AB150,2342,3

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1977.06 (4) (c) Paragraph (a) (b) does not limit the authority of the state public
2defender to release a copy of the statement, affidavit or other information under
3other circumstances.

AB150,2342,177 977.08 (3) (f) Beginning on October 1, 1993, the state public defender may shall
8enter into as many annual contracts as possible with private local attorneys or law
9firms for the provision of legal representation in cases involving the operation of a
10vehicle. Under any such contract, the state public defender shall assign cases
11without regard to pars. (c) and (d), shall set a fixed-fee total amount for all cases
12handled and shall pay the that amount specified in the contract, which shall not
13exceed the amount, except that the state public defender may not pay an attorney
14more for a case than he or she would receive according to the rates under sub. (4m).
15The contract shall include a procedure authorizing the state public defender to make
16additional payments for a case or to reassign a case if the circumstances surrounding
17the case justify the additional payment or reassignment.

AB150,2342,2119 977.08 (3) (g) The state public defender may appoint an attorney without
20regard to pars. (c) and (d) based on the state public defender's evaluation of that
21attorney's performance.

AB150,2342,2523 977.08 (5) (b) (intro.) For the period before January 1, 1993, any Any of the
24following constitutes an annual caseload standard for an assistant state public
25defender in the subunit responsible for trials:

AB150,2343,74 977.085 (1) (c) In the last 3 quarterly reports for fiscal year 1993-94 and in all
5of the quarterly reports for fiscal year 1994-95 years 1995-96 and 1996-97,
6information regarding the status of contracting under s. 977.08 (3) (f), including
7information showing the cost savings achieved through the contracting.

AB150,2343,1210 978.05 (4m) Welfare fraud investigations. Cooperate with the department
11of health and social services industry, labor and human relations regarding the fraud
12investigation program under s. 49.197 (1m).

AB150,2343,1614 978.05 (6) (b) Enforce the provisions of all general orders of the department of
15industry, labor and human relations development relating to the sale, transportation
16and storage of explosives.

AB150,2343,2018 978.07 (1) (a) Any district attorney record, after it has first been microfilmed
19or transferred to optical disk or electronic storage and preserved in accordance with
20s. 16.61.

AB150,2343,2522 990.01 (3) Adult. An adult is "Adult" means a person who has attained the age
23of 18 years, except that for purposes of prosecuting a person who is alleged to have
24violated any state or federal criminal law, "adult" means a person who has attained
25the age of 17 years.

AB150,2344,52 990.01 (20) Minor. A minor is "Minor" means a person who has not attained
3the age of 18 years, except that for purposes of prosecuting a person who is alleged
4to have violated a state or federal criminal law, "minor" does not include a person who
5has attained the age of 17 years.

AB150,2345,37 992.06 (2) Whenever in the organization of corporations under chapter 146,
8laws of 1872, articles of association were made and adopted and signed by the
9persons forming such corporation, and there may have been a failure to make and
10record a verified copy thereof in the office of the register of deeds of the county in
11which such corporation is located, and such association, organization or corporation
12has in good faith carried on business and acted as a corporation for 25 years or more,
13such failure to make and record a verified copy of the articles of association shall not
14affect the validity of the corporation, but the same shall be a body corporate from and
15after the date of the making, adopting and signing of the articles of association, the
16same as though a verified copy had been duly made and recorded in the office of the
17register of deeds. Whenever any such corporation shall in good faith have attempted
18to change its corporate name, and shall in good faith have carried on and conducted
19its business under such changed name for a period of 25 years or more, and shall
20record its original articles of incorporation, or the copy thereof, with the register of
21deeds, of the county in which such corporation has its principal office, and in case the
22said original articles of incorporation, or a copy thereof, cannot be obtained, a
23certificate from the secretary of state department of revenue showing that no such
24articles nor a copy thereof can be found in the office of the secretary of state records
25of the department of revenue, its acts, doings and proceedings heretofore done or

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1which shall hereafter be done in or under such changed name shall be as valid and
2binding and as good in law as though done in or under the name contained in its
3original articles of association.

AB150,2345,115 992.06 (3) All transfers of real estate heretofore made to corporations,
6organized under the laws of this state, executed, delivered, filed and recorded
7between the date of the filing of the articles of organization in the office of the
8secretary of state with the department of revenue and the date of the filing of a
9certified copy of said articles in the office of the register of deeds in the county
10wherein said corporation has its principal place of business, are hereby legalized,
11ratified, confirmed and validated.