2010 Wisconsin Code
Chapter 973. Sentencing.
973.045 Crime victim and witness assistance surcharge.

973.045

973.045 Crime victim and witness assistance surcharge.

973.045(1)

(1) If a court imposes a sentence or places a person on probation, the court shall impose a crime victim and witness assistance surcharge calculated as follows:

973.045(1)(a)

(a) For each misdemeanor offense or count, $67.

973.045(1)(b)

(b) For each felony offense or count, $92.

973.045(1m)

(1m)

973.045(1m)(a)

(a) In this subsection, "civil offense" means an offense punishable by a forfeiture.

973.045(1m)(b)

(b) If all of the following apply, the court shall impose a crime victim and witness assistance surcharge in addition to any forfeiture that it imposes:

973.045(1m)(b)1.

1. The person is charged with one or more crimes in a complaint.

973.045(1m)(b)2.

2. As a result of the complaint being amended, the person is charged with a civil offense in lieu of one of those crimes.

973.045(1m)(b)3.

3. The court finds that the person committed that civil offense on or after October 27, 2007.

973.045(1m)(c)

(c) The amount of the surcharge imposed under par. (b) shall be the amount specified in sub. (1) (a) or (b), depending on whether the crime that was the subject of the amendment under par. (b) 2. was a misdemeanor or a felony.

973.045(1r)

(1r)

973.045(1r)(a)

(a) The clerk shall record any crime victim and witness surcharge imposed under sub. (1) in 2 parts as follows:

973.045(1r)(a)1.

1. Part A equals $40 for each misdemeanor offense or count and $65 for each felony offense or count.

973.045(1r)(a)2.

2. Part B equals $27 for each misdemeanor offense or count and $27 for each felony offense or count.

973.045(1r)(b)

(b) The entire amount of any surcharge imposed under sub. (1m) shall be allocated to part A.

973.045(2)

(2) After the clerk determines the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under s. 59.25 (3) (f) 2.

973.045(2m)

(2m) The secretary of administration shall credit part A and 26 percent of part B of the crime victim and witness surcharge to the appropriation account under s. 20.455 (5) (g) and 74 percent of part B to the appropriation account under s. 20.455 (5) (gc).

973.045 - ANNOT.

NOTE: Sub. (2m) is repealed and recreated eff. 7-1-11 by 2009 Wis. Act 28 to read:

973.045 - ANNOT.

(2m) (a) The secretary of administration shall credit to the appropriation account under s. 20.455 (5) (gc) the first $20 of part B of the crime victim and witness surcharge.

973.045 - ANNOT.

(b) The secretary of administration shall credit to the appropriation account under s. 20.455 (5) (g) part A of the crime victim and witness surcharge and any part of part B of the crime victim and witness surcharge that remains after the secretary of administration complies with par. (a).

973.045(3)

(3)

973.045(3)(b)

(b) The person paying the crime victim and witness surcharge shall pay all of the moneys due under part A before he or she pays any of the moneys due under part B.

973.045(4)

(4) If an inmate in a state prison or a person sentenced to a state prison has not paid the crime victim and witness assistance surcharge under this section, the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the secretary of administration.

973.045 - ANNOT.

History: 1983 a. 27; 1987 a. 27; 1989 a. 31; 1993 a. 16; 1995 a. 201; 2003 a. 33; 2005 a. 25; 2007 a. 20; 2009 a. 28.