LRB-4161/1
PJH:kjf
2015 - 2016 LEGISLATURE
January 6, 2016 - Introduced by Senators Olsen,
Wanggaard, Darling,
Erpenbach, Gudex, Harsdorf, Kapenga, Lasee, LeMahieu, Moulton, Roth,
Shilling and Vukmir, cosponsored by Representatives Hutton,
Kleefisch,
Ballweg, E. Brooks, Brostoff, Czaja, Goyke, Horlacher, Jarchow, Johnson,
Kahl, Knodl, Kooyenga, Murphy, Novak, Nygren, Schraa, Shankland,
Skowronski, C. Taylor, Thiesfeldt and Ohnstad. Referred to Committee on
Judiciary and Public Safety.
SB500,1,5
1An Act to renumber 973.20 (10);
to amend 71.935 (1) (b), 71.935 (2), 301.32 (1),
2302.13, 304.074 (2), 812.44 (3), 814.62 (1) and 973.20 (12) (a); and
to create
371.93 (1) (a) 7m., 71.93 (3) (a) 1m., 71.935 (1) (ar), 304.074 (3m), 812.405, 973.20
4(10) (b), 973.20 (11) (c), 973.20 (11) (d) and 973.20 (11) (e) of the statutes;
5relating to: restitution owed to victims of crime.
Analysis by the Legislative Reference Bureau
This bill makes changes to the procedures for providing restitution to victims
of crime. Under current law, when a court imposes a sentence on a defendant for the
commission of a crime, the court may order the defendant to make full or partial
restitution to any victim of a crime considered at sentencing (or his or her estate, if
the victim is deceased). A court may require the defendant to pay the amount ordered
immediately, to pay the amount ordered in full by a particular date, or to make
specified payments. Under current law, restitution may be collected from the
defendant by the clerk of courts or, if the defendant is under the supervision of the
Department of Corrections (DOC), by DOC.
If the defendant still owes unpaid restitution at the time he or she has
completed his or her sentence and is no longer supervised by DOC, the victim who
is owed restitution may collect payments by garnishing wages earned by the
defendant. Under current law, a garnishment order lasts for 13 weeks, after which
time it may be renewed for additional 13-week periods until the restitution is paid
in full.
Under current law, DOC may collect from a prisoner a portion of the wages a
prisoner earns and a portion of other moneys held by the prisoner in order to pay
restitution if a court orders DOC to do so. Additionally, under current law, DOC is
required to collect a fee from certain probationers, parolees, and persons on extended
supervision to reimburse DOC partially for its costs in providing supervision and
services (supervision fees). Currently, DOC may certify to the Department of
Revenue (DOR) any amount a person owes toward supervision fees so that DOR may
withhold that amount from any state tax refund the person receives.
This bill allows DOC to charge, but prohibits DOC from collecting, a
reimbursement fee from a probationer, parolee, or person on extended supervision
unless all restitution payments due from the person have been paid by the time the
reimbursement fee is collected. Additionally, the bill requires a court to order a
defendant to authorize DOC to withhold a portion of any wages earned or any other
moneys held by the defendant while he or she is in prison in order to pay restitution.
Under the bill, if restitution remains unpaid and a victim seeks garnishment
of a defendant's wages, any garnishment order remains in place until the restitution
is paid in full. Additionally, under the bill, if a defendant fails to make restitution
payment in full within the time period ordered by the court, or if the defendant is
delinquent in making payments toward restitution as ordered, the clerk of courts or
DOC may certify to DOR the amount of restitution owed, and DOR may withhold
that amount from any state tax refund the defendant receives. The bill also requires
DOC and any clerk of court that collects restitution to submit an annual report to the
legislature that sets forth the amounts of restitution it collects each year.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB500,1
1Section
1. 71.93 (1) (a) 7m. of the statutes is created to read:
SB500,2,32
71.93
(1) (a) 7m. An amount owed pursuant to an order under s. 973.20 (1r),
3if the department of corrections has certified the amount under s. 973.20 (10) (b).
SB500,2
4Section
2. 71.93 (3) (a) 1m. of the statutes is created to read:
SB500,2,55
71.93
(3) (a) 1m. Debt certified under s. 973.20 (10) (b).
SB500,3
6Section
3. 71.935 (1) (ar) of the statutes is created to read:
SB500,2,97
71.935
(1) (ar) "Debt related to victim restitution" means amount owed
8pursuant to an order under s. 973.20 (1r), if a clerk of court for a county has certified
9the amount under s. 973.20 (10) (b).
SB500,4
10Section
4. 71.935 (1) (b) of the statutes is amended to read:
SB500,3,2
171.935
(1) (b) "Debtor" means a person who owes a debt
related to victim
2restitution or who owes a debt to a municipality or county.
SB500,5
3Section
5. 71.935 (2) of the statutes is amended to read:
SB500,3,124
71.935
(2) A municipality or county may certify to the department any debt
5owed to it. Not later than 5 days after certification
under this section or under s.
6973.20 (10) (b), the municipality or county shall notify the debtor in writing of its
7certification of the debt to the department, of the basis of the certification and of the
8debtor's right to appeal and, in the case of parking citations, of the debtor's right to
9contest the citation. At the time of certification, the municipality or county shall
10furnish to the department the name and social security number or operator's license
11number of each individual debtor and the name and federal employer identification
12number of each other debtor.
SB500,6
13Section
6. 301.32 (1) of the statutes is amended to read:
SB500,4,914
301.32
(1) Property delivered to warden or superintendent; credit and debit. 15All money and other property delivered to an employee of any state correctional
16institution for the benefit of a prisoner or resident shall be delivered to the warden
17or superintendent, who shall enter the property upon his or her accounts to the credit
18of the prisoner or resident. The property may be used only under the direction and
19with the approval of the superintendent or warden and for the crime victim and
20witness assistance surcharge under s. 973.045 (4), the delinquency victim and
21witness assistance surcharge under s. 938.34 (8d) (c), the deoxyribonucleic acid
22analysis surcharge under s. 973.046 (1r), the child pornography surcharge under s.
23973.042, the drug offender diversion surcharge under s. 973.043,
victim restitution
24under s. 973.20 (11) (c), or the benefit of the prisoner or resident. If the money
25remains uncalled for for one year after the prisoner's or resident's death or departure
1from the state correctional institution, the superintendent shall deposit it in the
2general fund. If any prisoner or resident leaves property, other than money, uncalled
3for at a state correctional institution for one year, the superintendent shall sell the
4property and deposit the proceeds in the general fund, donate the property to a public
5agency or private, nonprofit organization or destroy the property. If any person
6satisfies the department, within 5 years after the deposit, of his or her right to the
7deposit, the department shall direct the department of administration to draw its
8warrant in favor of the claimant and it shall charge the same to the appropriation
9made by s. 20.913 (3) (bm).
SB500,7
10Section
7. 302.13 of the statutes is amended to read:
SB500,4,18
11302.13 Preservation of property an inmate brings to prison. The
12department shall preserve money and effects, except clothes, in the possession of an
13inmate when admitted to the prison and, subject to the crime victim and witness
14assistance surcharge under s. 973.045 (4), the deoxyribonucleic acid analysis
15surcharge under s. 973.046 (1r), the child pornography surcharge under s. 973.042,
16and the drug offender diversion surcharge under s. 973.043,
and victim restitution
17under s. 973.20 (11) (c) shall restore the money and effects to the inmate when
18discharged.
SB500,5,221
304.074
(2) The department shall charge a reasonable fee as determined by the
22department to probationers, parolees, and persons on extended supervision to
23partially reimburse the department for the costs of providing supervision and
24services.
The Subject to sub. (3m), the department shall collect moneys for the fees
1charged under this subsection and credit those moneys to the appropriation account
2under s. 20.410 (1) (gf).
SB500,9
3Section
9. 304.074 (3m) of the statutes is created to read:
SB500,5,64
304.074
(3m) The department may not collect a fee charged under this section
5until all restitution payments due pursuant to any order under s. 973.20 from the
6probationer, parolee, or person on extended supervision have been paid.
SB500,10
7Section
10. 812.405 of the statutes is created to read:
SB500,5,12
8812.405 Garnishment of earnings to satisfy an order for restitution. 9Notwithstanding ss. 812.35 and 812.40, a garnishment of earnings payable to a
10debtor who owes victim restitution ordered under s. 973.20 (1r) remains valid and
11effective until the judgment is satisfied, unless sooner terminated by order of the
12court.
SB500,11
13Section
11. 812.44 (3) of the statutes is amended to read:
SB500,5,1514
812.44
(3) The earnings garnishment form issued by the clerk under s. 812.35
15(2) shall be in substantially the following form:
SB500,5,1616
STATE OF WISCONSIN
SB500,5,1717
CIRCUIT COURT: .... County
SB500,5,1919
A.B., Creditor
SB500,5,2020
vs.
File or Reference Number ....
SB500,5,2121
C.D., Debtor
EARNINGS
SB500,5,2222
and
GARNISHMENT
SB500,5,2323
E.F., Garnishee
SB500,5,2525
THE STATE OF WISCONSIN, To the garnishee:
SB500,6,2
1The creditor has been awarded a court judgment that has not been paid. As a
2result, the creditor claims that a total of $.... is owed by the debtor, as follows:
SB500,6,33
A. Unpaid balance on judgment
$....
SB500,6,44
B. Unpaid postjudgment interest
$....
SB500,6,55
C. Costs of this earnings garnishment
