LRB-3770/1
BAB:kjf:nwn
2007 - 2008 LEGISLATURE
March 13, 2008 - Introduced by Representatives Shilling, Sinicki and Berceau.
Referred to Committee on Corrections and Courts.
AB964,1,3
1An Act to create 20.625 (1) (cm), 756.35 and 758.19 (6m) of the statutes;
2relating to: establishing a trauma counseling program for jurors, granting
3rule-making authority, and making an appropriation.
Analysis by the Legislative Reference Bureau
Under current law, persons serving as jurors in the courts of this state are
entitled to receive a jury fee and, if applicable, a mileage fee for travel to the court.
This bill creates a program administered by the director of state courts to
provide up to four hours of counseling to jurors who were traumatized by their
experiences of serving as jurors in trials under ch. 940 or 948 that involved graphic
testimony and evidence, controversial and emotionally disturbing subject matters,
or that were extremely long in duration. A juror seeking counseling under this
program must submit an application for counseling to the circuit court in which he
or she served as a juror within 30 days after the court dismisses the jury. All such
counseling must be completed within 90 days after the juror submitted the
application for counseling. The person providing the counseling under the program
must, unless he or she falls under certain exceptions, be a mental health care
provider who is licensed or certified in this state. The bill requires that mental health
care providers performing counseling services be approved by the court and be paid
at the current Medical Assistance reimbursement rate levels for equivalent
outpatient mental health services.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB964, s. 1
1Section
1. 20.625 (1) (cm) of the statutes is created to read:
AB964,2,32
20.625
(1) (cm)
Juror trauma counseling costs. A sum sufficient to pay the juror
3trauma counseling costs under s. 758.19 (6m).
AB964, s. 2
4Section
2. 756.35 of the statutes is created to read:
AB964,2,10
5756.35 Trauma counseling program for jurors. (1) Program. The director
6of state courts shall establish a program to provide counseling to jurors who have
7been traumatized by their experiences of serving on juries in trials in which charges
8were brought under ch. 940 or 948 and to meet the requirements of sub. (2). The
9director of state courts shall create forms for juror applications for counseling and
10may promulgate rules that do the following:
AB964,2,1211
(a) Authorize certain types of court employees to review and approve juror
12applications for counseling.
AB964,2,1413
(b) Develop standards for granting applications for counseling under this
14section.
AB964,2,1615
(c) Provide training to those court employees who are authorized under par. (a)
16to administer the juror counseling program.
AB964,3,2
17(2) Eligibility. A juror who suffered trauma from his or her experience of
18serving on a jury in a trial in which charges were brought under ch. 940 or 948 that
19involved graphic testimony and evidence, controversial and emotionally disturbing
20subject matters, or that was extremely long in duration may apply to receive
21counseling under this section. The application for counseling must be received by the
1circuit court in which the applicant served as a juror within 30 days after the court
2dismissed the jury.
AB964,3,8
3(3) Counseling. A juror whose application for counseling under this section is
4approved may receive up to 4 hours of counseling. The counseling must be provided
5by a mental health care provider approved by the court who is licensed or certified
6in this state or who, under s. 455.02 (2m), is not required to be licensed or certified
7in this state. The counseling must be concluded within 90 days after the juror applied
8for counseling under this section.
AB964,3,18
9(4) Payment and reimbursement. The county in which the circuit court is
10located shall pay the expenses for all juror trauma counseling received under sub.
11(3). The amount of the maximum hourly reimbursement rate for mental health
12professionals providing the counseling under this section is the Medical Assistance
13reimbursement rate for provision of equivalent outpatient mental health services by
14an equivalent provider who is certified under s. 49.45 (2) (a) 11. for fiscal year
152009-10, to be adjusted annually to reflect adjustments to the U.S. consumer price
16index for all urban consumers, U.S. city average, as determined by the U.S.
17department of labor. The county shall be reimbursed as provided in s. 758.19 (6m)
18for expenses paid under this subsection.
AB964, s. 3
19Section
3. 758.19 (6m) of the statutes is created to read:
AB964,3,2320
758.19
(6m) (a) From the appropriation under s. 20.625 (1) (cm), the director
21of state courts shall reimburse counties on a semiannual basis for the actual
22expenses paid for juror trauma counseling provided under s. 756.35 and for each
23county's administrative expenses for administering this program.
AB964,4,624
(b) To receive reimbursement under par. (a), a county must submit, on forms
25provided by the director of state courts, an accounting of the amount paid for
1expenses related to juror trauma counseling that are eligible for reimbursement
2under par. (a), including administrative expenses incurred by a county. The forms
3must include expenses for the preceding 6-month period and must be submitted
4within 90 days after that 6-month period has ended. The director of state courts may
5not reimburse a county for any expenses related to juror trauma counseling that are
6submitted after the 90-day period has ended.
AB964,4,98
(1) This act first applies to jurors serving on juries dismissed by the court on
9July 1, 2009.
