# HO-CHUNK NATION CODE (HCC)

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## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

HO-CHUNK NATION CODE (HCC)
TITLE 9 – CRIMINAL CODE
SECTION 973 – SENTENCING
ENACTED BY LEGISLATURE: May 23, 2017
CITE AS: 9 HCC § 973

TABLE OF CONTENTS
973.01 Bifurcated sentence of imprisonment and extended supervision……………………….. 2
973.013 Indeterminate sentence; Wisconsin state prisons…………………………………….... 4
973.0135 Sentence for certain serious felonies; parole eligibility determination…………….… 5
973.015 Special disposition………………………………………………………………….…. 6
973.017 Bifurcated sentences; use of guidelines; consideration of aggravating and mitigating
factors……………………………………………………………………………….... 7
973.02 Place of imprisonment when none expressed……………………………………….… 10
973.03 Jail sentence…………………………………………………………………………… 11
973.032 Sentence to intensive sanctions program…………………………………………..… 12
973.0335 Sentencing; restriction on possession of body armor…………………………….… 13
973.035 Transfer to state-local shared correctional facilities…………………………………. 13
973.04 Credit for imprisonment under earlier sentence for the same crime………………...… 14
973.042 Child pornography surcharge………………………………………………………… 14
973.043 Drug offender diversion surcharge………………………………………………...… 14
973.045 Crime victim and witness assistance surcharge……………………………………… 15
973.046 Deoxyribonucleic acid analysis surcharge…………………………………………… 15
973.047 Deoxyribonucleic acid analysis requirements……………………………………..… 16
973.048 Sex offender reporting requirements………………………………………………… 16
973.049 Sentencing; restrictions on contact…………………………………………………... 17
973.05 Fines………………………………………………………………………………….... 18
973.055 Domestic abuse surcharges………………………………………………………...… 21
973.057 Global positioning system tracking surcharge……………………………………..… 21
973.06 Costs, fees, and surcharges……………………………………………………………. 21
973.07 Failure to pay fine, fees, surcharges, or costs or to comply with certain community
service work…………………………………………………………………………. 23
973.075 Forfeiture of property derived from crime and certain vehicles……………………... 23
973.076 Forfeiture proceedings……………………………………………………………….. 26
973.077 Burden of proof; liabilities………………………………………………………….... 27
973.08 Records accompanying prisoner……………………………………………………..... 28
973.09 Probation………………………………………………………………………………. 28
973.10 Control and supervision of probationers………………………………………….…… 33

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973.11 Placements with volunteers in probation program…………………………………….. 35
973.12 Sentence of a repeater or persistent repeater………………………………………...… 36
973.125 Notice of lifetime supervision for serious sex offenders…………………………..… 36
973.13 Excessive sentence, errors cured…………………………………………………….… 37
973.135 Courts to report convictions to the state superintendent of public instruction….…… 37
973.137 Courts to report convictions to the department of transportation……………….…… 37
973.14 Sentence to house of correction……………………………………………………….. 38
973.15 Sentence, terms, escapes…………………………………………………………….… 38
973.155 Sentence credit……………………………………………………………………..… 40
973.16 Time out……………………………………………………………………………….. 41
973.17 Judgment against a corporation or limited liability company……………………….… 41
973.176 Notice of restrictions……………………………………………………………….… 42
973.18 Notice of rights to appeal and representation……………………………………….… 42
973.19 Motion to modify sentence………………………………………………………….… 43
973.195 Sentence adjustment……………………………………………………………….… 43
973.198 Sentence adjustment; positive adjustment time……………………………………… 45
973.20 Restitution………………………………………………………………………...…… 45

973.01 Bifurcated sentence of imprisonment and extended supervision.
(1) BIFURCATED SENTENCE REQUIRED. Whenever a court sentences a person to imprisonment for
a felony or a misdemeanor, the court shall impose a bifurcated sentence under this section.
(2) STRUCTURE OF BIFURCATED SENTENCES. A bifurcated sentence is a sentence that consists of a
term of confinement in prison followed by a term of extended supervision. The total length of a
bifurcated sentence equals the length of the term of confinement in prison plus the length of the
term of extended supervision. An order imposing a bifurcated sentence under this section shall
comply with all of the following:
(a) Total length of bifurcated sentence. Except as provided in par. (c), the total length of
the bifurcated sentence may not exceed the maximum period of imprisonment specified in s
939.50, if the crime is a classified felony, or the maximum term of imprisonment provided by
statute for the crime, if the crime is not a classified felony, plus additional imprisonment
authorized by any applicable penalty enhancement statutes.
(b) Confinement portion of bifurcated sentence. The portion of the bifurcated sentence
that imposes a term of confinement in prison may not be less than one year and, except as
provided in par. (c), may not exceed three years.
1. For any crime other than one of the following, the term of confinement in
prison may not exceed 75% of the total length of the bifurcated sentence:
a. A felony specified in subds. 1. to 9.
b. An attempt to commit a classified felony if the attempt is punishable
under s. 939.32 (1) (intro.).
(c) Penalty enhancement.

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1. Subject to the minimum period of extended supervision required under par. (d),
the maximum term of confinement specified in par. (b) may be increased by any
applicable penalty enhancement statute. If the maximum term of confinement specified in
par. (b) is increased under this paragraph, the total length of the bifurcated sentence that
may be imposed is increased by the same amount.
2. If more than one of the following penalty enhancement statutes apply to a
crime, the court shall apply them in the order listed in calculating the maximum term of
imprisonment for that crime:
a. Section 939.63.
b. Section 939.62 (1) or 961.48.
(d) Minimum and maximum term of extended supervision. The term of extended
supervision may not be less than 25% of the length of the term of confinement imposed under
par. (b) and, for a classified felony.
(3g) EARNED RELEASE PROGRAM ELIGIBILITY. When imposing a bifurcated sentence under this
section on a person convicted of a crime other than a crime specified in ch. 940 or s. 948.02,
948.025, 948.03, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or
948.095, the court shall, as part of the exercise of its sentencing discretion, decide whether the
person being sentenced is eligible or ineligible to participate in the earned release program, if
available, during the term of confinement portion of the bifurcated sentence.
(3m) CHALLENGE INCARCERATION PROGRAM ELIGIBILITY. When imposing a bifurcated sentence
under this section on a person convicted of a crime other than a crime specified in ch. 940 or s.
948.02, 948.025, 948.03, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085,
or 948.095, the court shall, as part of the exercise of its sentencing discretion, decide whether the
person being sentenced is eligible or ineligible for a challenge incarceration program, if
available, during the term of confinement portion of the bifurcated sentence.
(4) NO GOOD TIME; EXTENSION OR REDUCTION OF TERM OF IMPRISONMENT. A person sentenced to
a bifurcated sentence under sub. (1) shall serve the term of confinement portion of the sentence
without reduction for good behavior. The term of confinement portion is subject to extension
under applicable law and, if applicable, to reduction under s. 973.195 (1r), or 973.198.
(5) EXTENDED SUPERVISION CONDITIONS. Whenever the court imposes a bifurcated sentence
under sub. (1), the court may impose conditions upon the term of extended supervision.
(6) NO PAROLE. A person serving a bifurcated sentence imposed under sub. (1) is not eligible for
release on parole under that sentence.
(7) NO DISCHARGE. Probation and parole may not discharge a person who is serving a bifurcated
sentence from custody, control and supervision until the person has served the entire bifurcated
sentence.
(8) EXPLANATION OF SENTENCE.

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`(a) When a court imposes a bifurcated sentence under this section it shall explain in
writing all of the following to the person being sentenced:
1. The total length of the bifurcated sentence.
2. The amount of time the person will serve in jail under the term of confinement
in jail portion of the sentence.
3. The amount of time the person will spend on extended supervision, assuming
that the person does not commit any act that results in the extension of the term of confinement
in prison under applicable law.
4. That the amount of time the person must actually serve may be extended as
provided under applicable law and that because of extensions the person could serve the entire
bifurcated sentence in confinement.
5. That the person will be subject to certain conditions while on release to
extended supervision, and that violation of any of those conditions may result in the
person being returned to confinement.
(ag) If the court provides under sub. (3g) that the person is eligible to participate in the
earned release program, the court shall also inform the person of any provisions of established by
law which establish an earned release.
(am) If the court provides under sub. (3m) that the person is eligible for the challenge
incarceration program, the court shall also inform the person of the provisions of the applicable
statute.
(b) The court's explanation under par. (a) 3. of a person's potential period of extended
supervision does not create a right to a minimum period of extended supervision.
973.013 Indeterminate sentence.
(1)(a) If imprisonment for a term of years is imposed, the court may fix a term less than the
prescribed maximum. The form of such sentence shall be substantially as follows: "You are
hereby sentenced to the …. jail/prison for an indeterminate term of not more than .... (the
maximum as fixed by the court) years."
(b) Except as provided in s. 973.01, the sentence shall have the effect of a sentence at
hard labor for the maximum term fixed by the court, subject to the power of actual release from
confinement by parole by probation/parole or by pardon as provided by law. If a person is
sentenced for a definite time for an offense for which the person may be sentenced under this
section, the person is in legal effect sentenced as required by this section, said definite time being
the maximum period.
(2) Upon the recommendation of the probation and parole, the president may, discharge
absolutely, or upon such conditions and restrictions and under such limitation as the president
thinks proper. The discharge has the effect of an absolute or conditional pardon, respectively.
(3m) If a person who has not attained the age of 16 years is sentenced to jail/prison, probation
and parole, shall place the person at a juvenile correctional facility or a secured residential care
center for children and youth, unless probation and parole determines that placement in a prison
or jail; is appropriate based on the person's prior record of adjustment in a correctional setting, if
any; the person's present and potential vocational and educational needs, interests and abilities;
the adequacy and suitability of available facilities; the services and procedures available for

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treatment of the person within the various institutions; the protection of the public; and any other
considerations promulgated by the department by rule. The probation and parole may not place
any person under the age of 18 years in the correctional institution authorized for maximum
security.
(4) If information under s. 972.15 (2m) has been provided in a presentence investigation report,
the court shall consider that information when sentencing the defendant.
973.0135 Sentence for certain serious felonies; parole eligibility determination.
(1) In this section:
(a) "Prior offender" means a person who meets all of the following conditions:
1. The person has been convicted of a serious felony on at least one separate
occasion at any time preceding the serious felony for which he or she is being sentenced.
2. The person's conviction under subd. 1. remains of record and unreversed.
3. As a result of the conviction under subd. 1., the person was sentenced to more
than one year of imprisonment.
(b) "Serious felony" means any of the following:
1. Any felony under s. 961.41 (1), (1m) or (1x) if the felony is punishable by a
maximum prison term of one to three years.
2. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09 (1c), 940.16,
940.19 (5), 940.195 (5), 940.21, 940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b) 4., 943.02,
943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05,
948.051, 948.06, 948.07, 948.075, 948.08, or 948.30 (2).
3. The solicitation, conspiracy or attempt, under s. 939.30, 939.31 or 939.32, to
commit a felony.
4. A crime at any time under federal law or the law of any other state, under the
law of this state that is comparable to a crime specified in subd. 1., 2. or 3.
(2) Except as provided in sub. (3), when a court sentences a prior offender to imprisonment for a
serious felony, the court shall make a parole eligibility determination regarding the person and
choose one of the following options:
(a) The person is eligible for parole under applicable law, if any.
(b) The person is eligible for parole on a date set by the court. Under this paragraph, the
court may not set a date that occurs before the earliest possible parole eligibility date as
calculated under applicable law and may not set a date that occurs later than two-thirds of the
sentence imposed for the felony.
(3) A person is not subject to this section if the current serious felony is punishable by 3 years
incarceration.
(4) If a prior conviction is being considered as being covered under sub. (1) (b) 4. as comparable
to a felony specified under sub. (1) (b) 1., 2. or 3., the conviction may be counted as a prior
conviction under sub. (1) (a) only if the court determines, beyond a reasonable doubt, that the
violation relating to that conviction would constitute a felony specified under sub. (1) (b) 1., 2. or
3. if committed by an adult in the Nation.

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973.015 Special disposition.
(1m)(a) 1. Subject to subd. 2. and except as provided in subd. 3., when a person is under the age
of 25 at the time of the commission of an offense for which the person has been found guilty in a
court for violation of a law for which the maximum period of imprisonment is 1 year or less, the
court may order at the time of sentencing that the record be expunged upon successful
completion of the sentence if the court determines the person will benefit and society will not be
harmed by this disposition.
2. The court shall order at the time of sentencing that the record be expunged
upon successful completion of the sentence if the offense was a violation of s. 942.08 (2)
(b), (c), or (d), and the person was under the age of 18 when he or she committed it.
3. No court may order that a record of a conviction for any of the following be
expunged:
a. A felony, if the person has, in his or her lifetime, been convicted of a
prior felony offense, or if the felony is a violent offense, meaning a crime specified in s. 940.01,
940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (4) or (5), 940.195 (4) or (5),
940.20, 940.201, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.235, 940.285 (2) (a) 1. or 2.,
940.29, 940.295 (3) (b) 1g., 1m., 1r., 2., or 3., 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20
(2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.04, 943.06,
943.10 (2), 943.23 (1g), 943.30, 943.32, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04,
948.05, 948.051, 948.06, 948.07, 948.08, 948.085, or 948.30, including a crime under federal law,
the law of any other tribe or state that is comparable to a crime specified in this definition or is a
violation of s. 940.32, or 948.03 (2) or (3).
b. A if the person has, in his or her lifetime, been convicted of a prior
felony offense, or if the felony is a violent offense, as defined in subsec. a. above,
or is a violation of s. 948.23 (1) (a).
(b) A person has successfully completed the sentence if the person has not been
convicted of a subsequent offense and, if on probation, the probation has not been revoked and
the probationer has satisfied the conditions of probation. Upon successful completion of the
sentence the detaining or probationary authority shall issue a certificate of discharge which shall
be forwarded to the court of record and which shall have the effect of expunging the record. If
the person has been imprisoned, the detaining authority shall also forward a copy of the
certificate of discharge to the department.
(2m) At any time after a person has been convicted, adjudicated delinquent, or found not guilty
by reason of mental disease or defect for a violation of s. 944.30, a court may, upon the motion
of the person, vacate the conviction, adjudication, or finding, or may order that the record of the
violation of s. 944.30 be expunged, if all of the following apply:
(a) The person was a victim of trafficking for the purposes of a commercial sex act, as
defined in s. 940.302 (1) (a), under s. 940.302 or 948.051 or under 22 USC ss. 7101 to 7112.
(b) The person committed the violation of s. 944.30 as a result of being a victim of
trafficking for the purposes of a commercial sex act.
(c) The person submitted a motion that complies with s. 971.30, that contains a statement
of facts and, if applicable, the reason the person did not previously raise an affirmative defense
under s. 939.46 or allege that the violation was committed as a result of being a victim of
trafficking for the purposes of a commercial sex act, and that may include any of the following:

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1. Certified records of federal or state court proceedings.
2. Certified records of approval notices, law enforcement certifications, or similar
documents generated from federal immigration proceedings.
3. Official documentation from a tribal, federal, state, or local government
agency.
4. Other relevant and probative evidence of sufficient credibility in support of the
motion.
(d) The person made the motion with due diligence subject to reasonable concern for the
safety of himself or herself, family members, or other victims of trafficking for the purposes of a
commercial sex act or subject to other reasons consistent with the safety of persons.
(e) A copy of the motion has been served on the office of the tribal prosecutor that
prosecuted the case that resulted in the conviction, adjudication, or finding except that failure to
serve a copy does not deprive the court of jurisdiction and is not grounds for dismissal of the
motion.
(f) The court in which the motion was made notified the tribal prosecutor's office of the
motion and has given the tribal prosecutor’s office an opportunity to respond to the motion.
(g) The court determines that the person will benefit and society will not be harmed by a
disposition.
(3) A special disposition under this section is not a basis for a claim against the Nation.
973.017
Bifurcated sentences; use of guidelines; consideration of aggravating and
mitigating factors.
(1) DEFINITION. In this section, "sentencing decision" means a decision as to whether to impose
a bifurcated sentence under s. 973.01 or place a person on probation and a decision as to the
length of a bifurcated sentence, including the length of each component of the bifurcated
sentence, the amount of a fine, and the length of a term of probation.
(2) GENERAL REQUIREMENT. When a court makes a sentencing decision concerning a person
convicted of a criminal offense, the court shall consider all of the following:
(ad) The protection of the public.
(ag) The gravity of the offense.
(ak) The rehabilitative needs of the defendant.
(b) Any applicable mitigating factors and any applicable aggravating factors, including
the aggravating factors specified in subs. (3) to (8).
(c) Any available alternatives to incarceration.
(3) AGGRAVATING FACTORS; GENERALLY. When making a sentencing decision for any crime, the
court shall consider all of the following as aggravating factors:
(a) The fact that the person committed the crime while his or her usual appearance was
concealed, disguised, or altered, with the intent to make it less likely that he or she would be
identified with the crime.
(b) The fact that the person committed the crime using information that was disclosed to
him or her due to their official capacity.

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(c) The fact that the person committed the crime for the benefit of, at the direction of, or
in association with any criminal gang, as defined in s. 939.22 (9), with the specific intent to
promote, further, or assist in any criminal conduct by criminal gang members, as defined in s.
939.22 (9g).
(d) The fact that the person committed the felony while wearing a vest or other garment
designed, redesigned, or adapted to prevent bullets from penetrating the garment.
(e) 1. Subject to subd. 2., the fact that the person committed the felony with the intent to
influence the policy of a governmental unit or to punish a governmental unit for a prior policy
decision, if any of the following circumstances also applies to the felony committed by the
person:
a. The person caused bodily harm, great bodily harm, or death to another.
b. The person caused damage to the property of another and the total
property damaged is reduced in value by $25,000 or more. For the purposes of
this subd. 1. b., property is reduced in value by the amount that it would cost
either to repair or to replace it, whichever is less.
c. The person used force or violence or the threat of force or violence.
2. a. In this subdivision, "labor dispute" includes any controversy concerning
terms, tenure, or conditions of employment or concerning the association or
representation of persons in negotiating, fixing, maintaining, changing, or seeking to
arrange terms or conditions of employment, regardless of whether the disputants stand in
the proximate relation of employer and employee.
b. Subdivision 1. does not apply to conduct arising out of or in connection
with a labor dispute.
(4) AGGRAVATING FACTORS; SERIOUS SEX CRIMES COMMITTED WHILE INFECTED WITH CERTAIN
DISEASES.
(a) In this subsection:
1. "HIV" means any strain of human immunodeficiency virus, which causes
acquired immunodeficiency syndrome.
1m. "HIV test" has the meaning given in s. 968.38(1)(bc).
2. "Serious sex crime" means a violation of s. 940.225 (1) or (2), 948.02 (1) or
(2), 948.025, 948.085.
3. "Sexually transmitted disease" means syphilis, gonorrhea, hepatitis B, hepatitis C, or
chlamydia.
4. "Significantly exposed" means sustaining a contact that carries a potential for
transmission of a sexually transmitted disease or HIV by one or more of the following:
a. Transmission, into a body orifice or onto mucous membrane, of blood; semen;
vaginal secretions; cerebrospinal, synovial, pleural, peritoneal, pericardial, or amniotic fluid; or
other body fluid that is visibly contaminated with blood.
b. Exchange, during the accidental or intentional infliction of a penetrating
wound, including a needle puncture, of blood; semen; vaginal secretions; cerebrospinal,
synovial, pleural, peritoneal, pericardial, or amniotic fluid; or other body fluid that is visibly
contaminated with blood.
c. Exchange, into an eye, an open wound, an oozing lesion, or other place where a
significant breakdown in the epidermal barrier has occurred, of blood; semen; vaginal secretions;

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cerebrospinal, synovial, pleural, peritoneal, pericardial, or amniotic fluid; or other body fluid that
is visibly contaminated with blood.
(b) When making a sentencing decision concerning a person convicted of a serious sex
crime, the court shall consider as an aggravating factor the fact that the serious sex crime was
committed under all of the following circumstances:
1. At the time that he or she committed the serious sex crime, the person
convicted of committing the serious sex crime had a sexually transmitted disease or acquired
immunodeficiency syndrome or had had a positive HIV test.
2. At the time that he or she committed the serious sex crime, the person
convicted of committing the serious sex crime knew that he or she had a sexually transmitted
disease or acquired immunodeficiency syndrome or that he or she had had a positive HIV test.
3. The victim of the serious sex crime was significantly exposed to HIV or to the
sexually transmitted disease, whichever is applicable, by the acts constituting the serious sex
crime.
(5) AGGRAVATING FACTORS; VIOLENT FELONY COMMITTED AGAINST ELDER PERSON.
(a) In this subsection:
1. "Elder person" means any individual who is 60 years of age or older.
2. "Violent felony" means any felony under s. 940.19 (2), (4), (5), or (6), 940.225
(1), (2), or (3), 940.23, or 943.32.
(b) When making a sentencing decision concerning a person convicted of a violent
felony, the court shall consider as an aggravating factor the fact that the victim of the violent
felony was an elder person. This paragraph applies even if the person mistakenly believed that
the victim had not attained the age of 60 years.
(6) AGGRAVATING FACTORS; CHILD SEXUAL ASSAULT OR CHILD ABUSE BY CERTAIN PERSONS.
(a) In this subsection, "person responsible for the welfare of the child" includes the
child's parent, stepparent, guardian, or foster parent; an employee of a public or private
residential home, institution, or agency; any other person legally responsible for the child's
welfare in a residential setting; or a person employed by one who is legally responsible for the
child's welfare to exercise temporary control or care for the child.
(b) When making a sentencing decision concerning a person convicted of a violation of s.
948.02 (1) or (2), 948.025 (1), 948.03 (2) or (3), or 948.051, the court shall consider as an
aggravating factor the fact that the person was a person responsible for the welfare of the child
who was the victim of the violation.
(6m) AGGRAVATING FACTORS; DOMESTIC ABUSE IN PRESENCE OF A CHILD.
(a) In this subsection:
1. "Child" means an individual who has not attained the age of 18 years.
2. "Domestic abuse" has the meaning given in s. 968.075 (1) (a).
(b) When making a sentencing decision concerning a person convicted of a crime that
involves an act of domestic abuse, the court shall consider as an aggravating factor the fact that
the act was committed in a place or a manner in which the act was observable by or audible to a
child or was in the presence of a child and the actor knew or had reason to know that the act was
observable by or audible to a child or was in the presence of a child.

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(7) AGGRAVATING FACTORS; HOMICIDE OR INJURY BY INTOXICATED USE OF A VEHICLE. When
making a sentencing decision concerning a person convicted of a violation of s. 940.09 (1) or
940.25 (1), the court shall consider as an aggravating factor the fact that, at the time of the
violation, there was a minor passenger under 16 years of age or an unborn child in the person's
motor vehicle.
(8) AGGRAVATING FACTORS; CONTROLLED SUBSTANCES OFFENSES.
(a) Distribution or delivery to prisoners.
1. In this paragraph, "precinct" means a place where any activity is conducted by
a prison, jail, or house of correction.
2. When making a sentencing decision concerning a person convicted of violating
s. 961.41 (1) or (1m), the court shall consider as an aggravating factor the fact that the
violation involved delivering, distributing, or possessing with intent to deliver or
distribute a controlled substance or controlled substance analog to a prisoner within the
precincts of any prison, jail, or house of correction.
3. When making a sentencing decision concerning a person convicted of violating
s. 961.65, the court shall consider as an aggravating factor the fact that the person intended to
deliver or distribute methamphetamine or a controlled substance analog of methamphetamine to
a prisoner within the precincts of any prison, jail, or house of correction.
(b) Distribution or delivery on public transit vehicles. When making a sentencing
decision concerning a person convicted of violating s. 961.41 (1) or (1m), the court shall
consider as an aggravating factor the fact that the violation involved delivering, distributing, or
possessing with intent to deliver or distribute a controlled substance included in schedule I or II
or a controlled substance analog of any controlled substance included in schedule I or II and that
the person knowingly used a public transit vehicle during the violation.
(c) Distribution or delivery of methamphetamine on public transit vehicles. When making
a sentencing decision concerning a person convicted of violating s. 961.65, the court shall
consider as an aggravating factor the fact that the person intended to deliver or distribute
methamphetamine or a controlled substance analog of methamphetamine and that the person
knowingly used a public transit vehicle during the violation.
(9) AGGRAVATING FACTORS NOT AN ELEMENT OF THE CRIME. The aggravating factors listed in
this section are not elements of any crime. A prosecutor is not required to charge any aggravating
factor or otherwise allege the existence of an aggravating factor in any pleading for a court to
consider the aggravating factor when making a sentencing decision.
(10m) STATEMENT OF REASONS FOR SENTENCING DECISION.
(a) The court shall state the reasons for its sentencing decision and, except as provided in
par. (b), shall do so in open court and on the record.
(b) If the court determines that it is not in the interest of the defendant for it to state the
reasons for its sentencing decision in the defendant's presence, the court shall state the reasons
for its sentencing decision in writing and include the written statement in the record.
973.02 Place of imprisonment when none expressed. Except as provided in s. 973.032, if a
statute authorizes imprisonment for its violation but does not prescribe the place of

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imprisonment, the sentence shall be to the jail or prison that maintains a valid agreement with the
Nation, to provide such services.
973.03 Jail sentence.
(1) If at the time of passing sentence upon a defendant who is to be imprisoned in a county jail
there is no jail in the county suitable for the defendant and no cooperative agreement, the court
may sentence the defendant to any suitable county jail in the state where the Nation maintains a
cooperative agreement. The expenses of supporting the defendant there shall be borne by the
Nation in which the crime was committed and may be recovered as a debt owed to the Nation by
the defendant.
(3) (a) If a court sentences a defendant to imprisonment in the county jail, the court may provide
that the defendant perform community service work under pars. (b) and (c). Except as provided
in par. (am), the defendant earns good time at a rate of one day for each 3 days of work
performed. A day of work equals 8 hours of work performed.
(am) If a court provides that a defendant may perform community service work pursuant
to par. (a) and the defendant is sentenced to probation or imprisonment in a Huber facility or if a
defendant has been ordered to perform community service work, a county may, with the
approval of the chief judge, allow the defendant to perform community service work under pars.
(b) and (c). The Nation may determine the rate at which all defendants in the Nation earn good
time, except that a defendant may not earn less than one day of good time for every 3 days of
work performed, nor more than one day of good time for each day of work performed. A day of
work equals 8 hours of work performed.
(b) The court may require that the defendant perform community service work for a
public agency or a nonprofit charitable organization. The number of hours of work required may
not exceed what would be reasonable considering the seriousness of the offense and any other
offense which is read into the record at the time of conviction. An order may only apply if agreed
to by the defendant and the organization or agency. The court shall ensure that the defendant is
provided a written statement of the terms of the community service order and that the community
service order is monitored.
(c) Any organization or agency acting in good faith to which a defendant is assigned
pursuant to an order under this subsection has immunity from any civil liability in excess of
$25,000 for acts or omissions by or impacting on the defendant.
(d) This subsection applies to persons who are sentenced to a county jail but are
transferred to a Huber facility, to a county work camp or to a tribal jail.
(e) A court may not provide that a defendant perform community service work under this
subsection if the defendant is being sentenced regarding any of the following:
1. A crime which is listed in s. 969.08 (10) (b), but not including any crime
specified in s. 943.10.
(4)(a) In lieu of a sentence of imprisonment to the county jail, a court may impose a sentence of
detention at the defendant's place of residence or other place designated by the court. The length
of detention may not exceed the maximum possible period of imprisonment. The detention shall
be monitored by the use of an electronic device worn continuously on the defendant's person and

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capable of providing positive identification of the wearer at the detention location at any time. A
sentence of detention in lieu of jail confinement may be imposed only if agreed to by the
defendant. The court shall ensure that the defendant is provided a written statement of the terms
of the sentence of detention, including a description of the detention monitoring procedures and
requirements and of any applicable liability issues. The terms of the sentence of detention may
include a requirement that the defendant pay a daily fee to cover the costs associated with
monitoring him or her. In that case, the terms must specify to whom the payments are made.
(b) A person sentenced to detention under par. (a) is eligible to earn good time in the
amount of one-fourth of his or her term for good behavior if sentenced to at least 4 days, but
fractions of a day shall be ignored. The person shall be given credit for time served prior to
sentencing under s. 973.155, including good time under s. 973.155 (4). If the defendant fails to
comply with the terms of the sentence of detention, the court may order the defendant brought
before the court and the court may order the defendant deprived of good time.
(c) If the defendant fails to comply with the terms of the sentence of detention, the court
may order the defendant brought before the court and the court may order that the remainder of
the sentence of detention be served in the county jail.
(d) A sentence under this subsection is not a sentence of imprisonment, except for
purposes of ss. 973.04, 973.15 (8) (a) and 973.19.
(5)(a) In this subsection:
1. "Commission of a serious crime" has the meaning given under s. 969.08 (10)
(a).
2. "Serious crime" has the meaning given under s. 969.08 (10) (b).
(b) In lieu of a continuous sentence, a court may sentence a person to serve a series of
periods, not less than 48 hours nor more than 3 days for each period, of imprisonment in a county
jail. The person is not subject to confinement between periods of imprisonment.
(c) A court may not sentence a person under par. (b) regarding any violation under ch.
961 or the commission of a serious crime.
973.032 Sentence to alternative to incarceration program.
(1) SENTENCE. The court may sentence a person who is convicted of a crime to participate in an
alternative to incarceration program, if available.
(2) ELIGIBILITY.
(a) A court may sentence a person under sub. (1) if probation and parole provides a
presentence investigation report recommending that the person be sentenced to the program. If
probation and parole does not make the recommendation, a court may order probation and parole
to assess and evaluate the person. After that assessment and evaluation, the court may sentence
the person to the program unless probation and parole objects on the ground that it recommends
that the person be placed on probation.
(b) Notwithstanding par. (a), the court may not sentence a person under sub. (1) if he or
she is convicted of a felony punishable by three years or has at any time been convicted,
adjudicated delinquent or found not guilty or not responsible by reason of insanity or mental
disease, defect or illness for committing a violent offense, as defined in s. 973.015(1m)(a)3.a.
(3) LIMITATIONS. The following apply to a sentence under sub. (1):

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(a) The court shall provide a maximum period for the sentence, which may not exceed
the maximum term of imprisonment that could be imposed on the person, including
imprisonment authorized by any penalty enhancement statute.
(b) The court shall provide a maximum period for placements under an established
intensive sanctions program, which may not exceed one year unless the defendant waives this
requirement.
(c) The court may prescribe reasonable and necessary conditions of the sentence except
that the court may not restrict probation and parole’s authority as prescribed by law.
(4) MODIFICATION.
(a) The probation and parole may provide for sanction placements as authorized by
applicable statute, for a shorter period than the maximum period specified by the court under
sub. (3) (b).
(b) Probation and parole may request that the court extend the maximum period provided
by the court under sub. (3) (a) or the maximum period provided by the court under sub. (3) (b) or
both. Unless a hearing is voluntarily waived by the person, the court shall hold a hearing on the
matter. The court may not extend the maximum period of the sentence beyond the amount
allowable under sub. (3) (a). Except as provided in par. (c), the court may not extend the
maximum period for sanction placements under applicable law, beyond a total, including the
original period and all extensions, of 2 years or two-thirds of the maximum term of
imprisonment that could have been imposed on the person, whichever is less.
(c) The court may extend under par. (b) the maximum period for placements to a period
not exceeding two-thirds of the maximum term of imprisonment that could have been imposed
on the person under sub. (3) (a) for his or her sentence to the intensive sanctions program if all of
the following apply:
1. The person escaped from a sentence to the intensive sanctions program.
2. The person is sentenced for the escape to a sentence of imprisonment
concurrent with the sentence to the intensive sanctions program.
3. The sentence under subd. 2. exceeds the total of the maximum period originally
provided by the court under sub. (3) (b) for the sentence to the intensive sanctions program and
the maximum extensions available under par. (b).
(5) PAROLE RESTRICTIONS. A person sentenced under sub. (1) is eligible for parole except as
provided in applicable statutes.
(6) CREDIT. Any sentence credit under s. 973.155 (1) or (1m) applies toward service of the
period under sub. (3) (a) but does not apply toward service of the period under sub. (3) (b).
973.0335 Sentencing; restriction on possession of body armor. Whenever a court imposes a
sentence or places a defendant on probation for a conviction for a violent felony, as defined in s.
941.291 (1) (b), the court shall inform the defendant of the requirements and penalties under s.
941.291.
973.035
Transfer to state-local shared correctional facilities. Any person serving a
sentence of imprisonment to the Wisconsin state prisons, a county jail, a county reforestation

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camp or a county house of correction or serving a sentence to the intensive sanctions program
may be transferred to a state-local shared correctional facility under Wisconsin State Statute s.
302.45 (1).
973.04
Credit for imprisonment under earlier sentence for the same crime. When a
sentence is vacated and a new sentence is imposed upon the defendant for the same crime, the
probation and parole shall credit the defendant with confinement previously served.
973.042 Child pornography surcharge.
(1) In this section, "image" includes a video recording, a visual representation, a positive or
negative image on exposed film, and data representing a visual image.
(2) If a court imposes a sentence or places a person on probation for a crime under s. 948.05 or
948.12 and the person was at least 18 years of age when the crime was committed, the court shall
impose a child pornography surcharge of $500 for each image or each copy of an image
associated with the crime. The court shall determine the number of images or copies of images
associated with the crime by a preponderance of the evidence and without a jury.
(4) After determining the amount due, the clerk of court shall collect and transmit the amount to
the treasurer.
(6) If an inmate in a state prison or a person sentenced to a state prison has not paid the
deoxyribonucleic acid analysis 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 treasurer. The amount owed shall constitute a debt owed to the Nation and
may also be deducted from a per capita distribution or wages.
973.043 Drug offender diversion surcharge.
(1) If a court imposes a sentence or places a person on probation for a crime under ch. 943, the
court shall impose a drug offender diversion surcharge of $10 for each conviction.
(2) After determining the amount due, the clerk of court shall collect and transmit the amount to
the treasurer.
(3) All moneys collected from drug offender diversion surcharges shall be credited to the
appropriation account and used for the purpose of funding AODA treatment or deposited in
accordance with 9 HCC § 900, when applicable.
(4) If an inmate in a state prison or a person sentenced to a state prison has not paid the
deoxyribonucleic acid analysis 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 treasurer. The amount owed shall constitute a debt owed to the Nation and
may also be deducted from a per capita distribution or wages.

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973.045 Crime victim and witness assistance surcharge.
(1) If a court imposes a sentence or places a person on probation, the court shall impose a crime
victim and witness assistance surcharge. A surcharge imposed under this subsection may not be
waived, reduced, or forgiven for any reason. The surcharge is the total amount calculated by
adding up the amount for every misdemeanor count and every felony count as follows:
(a) For each misdemeanor count on which a conviction occurred, $67.
(b) For each felony count on which a conviction occurred, $92.
(1m)(a) In this subsection, "civil offense" means an offense punishable by a forfeiture.
(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:
1. The person is charged with one or more crimes in a complaint.
2. As a result of the complaint being amended, the person is charged with a civil
offense in lieu of one of those crimes.
(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.
(2) After the clerk determines the amount due, the clerk of court shall collect and transmit the
amount to the treasurer.
(4) If an inmate in a state prison or a person sentenced to a state prison has not paid the
deoxyribonucleic acid analysis 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 treasurer. The amount owed shall constitute a debt owed to the Nation and
may also be deducted from a per capita distribution or wages.
973.046 Deoxyribonucleic acid analysis surcharge.
(1r) If a court imposes a sentence or places a person on probation, the court shall impose a
deoxyribonucleic acid analysis surcharge, calculated as follows:
(a) For each conviction for a felony, $250.
(b) For each conviction for a misdemeanor, $200.
(2) After the clerk of court determines the amount due, the clerk shall collect and transmit the
amount to the treasurer.
(3) All moneys collected from deoxyribonucleic acid analysis surcharges shall be deposited by
the treasurer.
(4) If an inmate in a state prison or a person sentenced to a state prison has not paid the
deoxyribonucleic acid analysis 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 treasurer. The amount owed shall constitute a debt owed to the Nation and
may also be deducted from a per capita distribution or wages.

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973.047 Deoxyribonucleic acid analysis requirements.
(1f) If a court imposes a sentence or places a person on probation, the court shall require the
person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid
analysis. The court shall inform the person that he or she may request expungement.
(1m) If the laboratories receive a human biological specimen, the laboratories shall analyze the
deoxyribonucleic acid in the specimen. The laboratories shall maintain a data bank based on data
obtained from deoxyribonucleic acid analysis of those specimens. The laboratories may compare
the data obtained from one specimen with the data obtained from other specimens. The
laboratories may make data obtained from any analysis and comparison available to law
enforcement agencies in connection with criminal or delinquency investigations and, upon
request, to any prosecutor, defense attorney or subject of the data. The data may be used in
criminal and delinquency actions and proceedings.
(2) The department of justice shall promulgate rules to do all of the following:
(a) Establish procedures and time limits for obtaining and submitting biological
specimens under this section.
(b) Specify whether an individual who is required under this section or s. 970.02 (8),
971.17 (1m) (a) or, 973.047, to provide a biological specimen for deoxyribonucleic acid analysis
must provide a new biological specimen if the crime laboratories already have a biological
specimen from the individual or if data obtained from deoxyribonucleic acid analysis of the
individual's biological specimen are already included in the data bank.
(c) Allow a biological specimen, or data obtained from analysis of a biological specimen,
obtained under this section, under s. 970.02 (8), 971.17 (1m) (a) or, 973.047, or to be submitted
for inclusion in an index established under 42 USC 14132 (a) or in another national index
system.
(d) Provide reimbursement to a person in charge of a law enforcement agency or tribal
law enforcement agency at a rate of $10 per specimen except that, if the department already has a
biological specimen, or data obtained from analysis of a biological specimen, from the
individual, the department may not reimburse the person in charge of the agency.
(e) Carry out the department's duties under this section.
973.048 Sex offender reporting requirements.
(1m) (a) Except as provided in sub. (2m), if a court imposes a sentence or places a person on
probation for any violation, or for the solicitation, conspiracy, or attempt to commit any
violation, under ch. 940, 944, or 948 or s. 942.08 or 942.09, or ss. 943.01 to 943.15, the court
may require the person to comply with the reporting requirements if the court determines that the
underlying conduct was sexually motivated, and that it would be in the interest of public
protection to have the person report.
(b) If a court under par. (a) orders a person to comply with the reporting requirements in
connection with a violation, or the solicitation, conspiracy, or attempt to commit a violation, of s.
942.09 and the person was under the age of 21 when he or she committed the offense, the court
may provide that the person be released from the requirement to comply with the reporting
requirements upon successfully completing the sentence or probation imposed for the offense. A
person successfully completes a sentence if he or she is not convicted of a subsequent offense

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during the term of the sentence. A person successfully completes probation if probation is not
revoked and the person satisfies the conditions of probation.
(2m) If a court imposes a sentence or places a person on probation for a violation, or for the
solicitation, conspiracy or attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2), or (3),
944.06, 948.02 (1) or (2), 948.025, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08,
948.085, 948.095, 948.11 (2) (a) or (am), 948.12, 948.13, or 948.30, of s. 940.302 (2) if s.
940.302 (2) (a) 1. b. applies, or of s. 940.30 or 940.31 if the victim was a minor and the person
was not the victim's parent, the court shall require the person to comply with the reporting
requirements, unless the court determines, after a hearing on a motion made by the person, that
the person is not required to comply.
(3) In determining under sub. (1m) (a) whether it would be in the interest of public protection to
have the person report, the court may consider any of the following:
(a) The ages, at the time of the violation, of the person and the victim of the violation.
(b) The relationship between the person and the victim of the violation.
(c) Whether the violation resulted in bodily harm, as defined in s. 939.22 (4), to the
victim.
(d) Whether the victim suffered from a mental illness or mental deficiency that rendered
him or her temporarily or permanently incapable of understanding or evaluating the
consequences of his or her actions.
(e) The probability that the person will commit other violations in the future.
(g) Any other factor that the court determines may be relevant to the particular case.
(4) If the court orders a person to comply with the reporting requirements, the court may order
the person to continue to comply with the reporting requirements until his or her death.
(5) If the court orders a person to comply with the reporting requirements, the clerk of the court
in which the order is entered shall promptly forward a copy of the order to probation and parole.
If the conviction on which the order is based is reversed, set aside or vacated, the clerk of the
court shall promptly forward to probation and parole a certificate stating that the conviction has
been reversed, set aside or vacated.
973.049 Sentencing; restrictions on contact.
(1) In this section:
(a) "Co-actor" means any individual who was a party to a crime considered at sentencing,
whether or not the individual was charged with or convicted of the crime considered at
sentencing.
(b) "Crime considered at sentencing" means any crime for which the defendant was
convicted or any read-in crime, as defined in s. 973.20 (1g) (b).
(2) When a court imposes a sentence on an individual or places an individual on probation for
the conviction of a crime, the court may prohibit the individual from contacting victims of,
witnesses to, or co-actors in, a crime considered at sentencing during any part of the individual's
sentence or period of probation if the court determines that the prohibition would be in the

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interest of public protection. For purposes of the prohibition, the court may determine who are
the victims of or witnesses to any crime considered at sentencing.
(3) If a court issues an order under sub. (2), the court shall inform the individual of the
prohibition and include the prohibition in the judgment of conviction for the crime.
973.05 Fines.
(1) When a defendant is sentenced to pay a fine, the court may grant permission for the payment
of the fine, plus costs, fees, and surcharges, to be made within a period not to exceed 90 days. If
no such permission is embodied in the sentence, the fine, plus costs, fees, and surcharges
imposed will constitute a debt owed to the Nation, which shall be payable immediately and may
be deducted from a tribal member’s per capita distribution.
(1m) If the court orders payment of restitution and a fine and related payments under s. 973.20,
the court may authorize a payment period in excess of the limit imposed under sub. (1).
(2) When a defendant is sentenced to pay a fine and is also placed on probation, the court may
make the payment of the fine, plus costs, fees, and surcharges, a condition of probation.
(2m) Payments under this section shall be applied as applicable in the following order:
(a) To payment of the allocation established in 9 HCC § 900.5.
(b) To payment of the jail surcharge until paid in full.
(c) To payment of the crime victim and witness assistance surcharge imposed until paid
in full.
(e) To payment of the crime laboratories and drug law enforcement surcharge until paid
in full.
(f) To payment of the deoxyribonucleic acid analysis surcharge until paid in full.
(fm) To payment of the child pornography surcharge until paid in full.
(g) To payment of the drug abuse program improvement surcharge until paid in full.
(gm) To payment of the drug offender diversion surcharge until paid in full.
(j) To payment of the domestic abuse surcharge until paid in full.
(jm) To payment of the global positioning system tracking surcharge until paid in full.
(l) To payment of the natural resources surcharge until paid in full.
(m) To payment of the natural resources restitution surcharge until paid in full.
(n) To payment of the environmental surcharge until paid in full.
(o) To payment of the wild animal protection surcharge until paid in full.
(om) To the payment of the wildlife violator compact surcharge until paid in full.
(p) To payment of the weapons surcharge until paid in full.
(rm) To the payment of the ignition interlock surcharge until paid in full.
(s) To payment of the fine and the other costs and fees imposed.
(3)(a) In lieu of part or all of a fine imposed by a court, the court may stay the execution of part
or all of the sentence and provide that the defendant perform community service work under
pars. (b) and (c). Any applicable driver improvement surcharge or any domestic abuse surcharge
under s. 973.055 shall be imposed regardless of whether part or all of the sentence has been

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stayed. If the defendant fails to comply with the community service order, the court shall order
the defendant brought before the court for imposition of sentence. If the defendant complies with
the community service order, he or she has satisfied that portion of the sentence.
(b) The court may require that the defendant perform community service work for a
public agency or a nonprofit charitable organization. The number of hours of work required may
not exceed what would be reasonable considering the seriousness of the offense and any other
offense which is read into the record at the time of conviction. An order may only apply if agreed
to by the defendant and the organization or agency. The court shall ensure that the defendant is
provided a written statement of the terms of the community service order and that the community
service order is monitored.
(4) If a defendant fails to pay the fine, surcharge, costs, or fees within the period specified under
sub. (1) or (1m), the court may do any of the following:
(a) Issue a judgment for the unpaid amount and direct the clerk to file and docket a
transcript of the judgment, without fee. If the court issues a judgment for the unpaid amount, the
court shall send to the defendant at his or her last-known address written notification that a civil
judgment has been issued for the unpaid fine, surcharge, costs, or fees.
(b) Issue an order assigning not more than 25% of the defendant's commissions, earnings,
salaries, wages, pension benefits, benefits, and other money due or to be due in the future to the
clerk of court for payment of the unpaid fine, surcharge, costs, or fees. In this paragraph,
"employer" includes the Nation, state and its political subdivisions.
(c) Issue an order assigning lottery prizes won by a defendant whose name is on the list
supplied to the clerk of court, for payment of the unpaid fine, surcharge, costs, or fees.
(d) Issue an order deducting the amount owed from a tribal member’s per capita
distribution.
(5)(a) 1. Upon entry of the assignment under sub. (4) (b), unless the court finds that income
withholding is likely to cause the defendant irreparable harm, the court shall provide notice of
the assignment by regular mail to the last-known address of the person from whom the defendant
receives or will receive money. If the clerk of court does not receive the money from the person
notified, the court shall provide notice of the assignment to any other person from whom the
defendant receives or will receive money. Notice of an assignment under sub. (4) (b) shall
inform the intended recipient that, if a prior assignment under sub. (4) (b) has been received
relating to the same defendant, the recipient is required to notify the clerk of court that sent the
subsequent notice of assignment that another assignment has already been received. A notice of
assignment shall include a form permitting the recipient to designate on the form that another
assignment has already been received.
2. If, the clerk of court determines that a person identified in the list may be
subject to an assignment under sub. (4) (c), the clerk shall inform the court of that determination.
If the court issues an order under sub. (4) (c), the clerk of court shall send the notice of that order
to the administrator of the lottery division of the Wisconsin department of revenue, including a
statement of the amount owed under the judgment and the name and address of the person owing
the judgment. The court shall notify the administrator of the Wisconsin lottery division of the
department of revenue when the judgment that is the basis of the assignment has been paid in
full.

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3. Notice under this paragraph may be a notice of the court, a copy of the
executed assignment or a copy of that part of the court order which directs payment.
(b) For each payment made under the assignment under sub. (4) (b), the person from
whom the defendant under the order receives money shall receive an amount equal to the
person's necessary disbursements, not to exceed $3, which shall be deducted from the money to
be paid to the defendant.
(c) A person who receives notice of the assignment under sub. (4) (b) shall withhold the
amount specified in the notice from any money that person pays to the defendant later than one
week after receipt of the notice of assignment. Within 5 days after the day on which the person
pays money to the defendant, the person shall send the amount withheld to the clerk of circuit
court of the jurisdiction providing notice. If the person has already received a notice of an
assignment under sub. (4) (b), the person shall retain the later assignment and withhold the
amount specified in that assignment after the last of any prior assignments is paid in full. Within
10 days of receipt of the later notice, the person shall notify the clerk of court that sent the notice
that the person has received a prior notice of an assignment under sub. (4) (b).
(d) If after receipt of notice of assignment under par. (a) 1. the person from whom the
defendant receives money fails to withhold the money or send the money to the clerk of court as
provided in this subsection, the person may be proceeded against under the principal action
under ch. 785 for contempt of court or may be proceeded against under ch. 778 and be required
to forfeit not less than $50 nor more than an amount, if the amount exceeds $50, that is equal to
1% of the amount not withheld or sent.
(e) If an employer who receives notice of an assignment under sub. (4) (b) fails to notify
the clerk of circuit court within 10 days after an employee is terminated or otherwise temporarily
or permanently leaves the employer's employment, the employer may be proceeded against
under contempt of court.
(f) Compliance by the person from whom the defendant receives money with the order
operates as a discharge of the person's liability to the defendant as to that portion of the
defendant's commission, earnings, salaries, wages, benefits or other money so affected.
(g) No employer may use an assignment under sub. (4) (b) as a basis for the denial of
employment to a defendant, the discharge of an employee or any disciplinary action against an
employee. An employer who denies employment or discharges or disciplines an employee in
violation of this paragraph may be fined not more than $500 and may be required to make full
restitution to the aggrieved person, including reinstatement and back pay. Restitution shall be in
accordance with s. 973.20. An aggrieved person may apply to the prosecutor
(i) 1. In this paragraph, "payroll period" means a period for which a payment of wages is
ordinarily made to the employee by his or her employer, and the term "miscellaneous payroll
period" means a payroll period other than a daily, weekly, biweekly, semimonthly, monthly,
quarterly, semiannual or annual payroll period.
2. If after an assignment is in effect the defendant's employer changes its payroll
period, or the defendant changes employers and the new employer's payroll period is different
from the former employer's payroll period, the clerk may, unless otherwise ordered by a judge,
amend the withholding assignment or order so that all of the following apply:
a. The withholding frequency corresponds to the new payroll period.
b. The amounts to be withheld reflect the adjustment to the withholding
frequency.

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(j) The clerk shall provide notice of the amended withholding assignment or order under
par. (i) by regular mail to the defendant's employer and to the defendant.
973.055 Domestic abuse surcharges.
(1) If a court imposes a sentence on an adult person or places an adult person on probation,
regardless of whether any fine is imposed, the court shall impose a domestic abuse surcharge of
$100 for each offense if:
(a) 1. The court convicts the person of a violation of a crime specified in s. 940.01,
940.02, 940.03, 940.05, 940.06, 940.19, 940.20 (1m), 940.201, 940.21, 940.225, 940.23,
940.235, 940.285, 940.30, 940.305, 940.31, 940.32, 940.42, 940.43, 940.44, 940.45, 940.48,
941.20, 941.30, 943.01, 943.011, 943.14, 943.15, 946.49, 947.01 (1), 947.012 or 947.0125 or s.
940.201, 941.20, 941.30, 943.01, 943.011, 943.14, 943.15, 946.49, 947.01 (1), 947.012 or
947.0125; and
2. The court finds that the conduct constituting the violation under subd. 1.
involved an act by the adult person against his or her spouse or former spouse, against an adult
with whom the adult person resides or formerly resided or against an adult with whom the adult
person has created a child; or
(b) The court convicts a person under 4 HCC § 5.38 or a conforming ordinance.
(2)(a) If the surcharge is imposed by a court of record, after the court determines the amount due,
the clerk of the court shall collect and transmit the amount to the treasurer.
(3) All moneys collected from domestic abuse surcharges shall be deposited and utilized in
accordance with 9 HCC § 900.
(4) A court may waive part or all of the domestic abuse surcharge under this section if it
determines that the imposition of the full surcharge would have a negative impact on the
offender's family.
973.057 Global positioning system tracking surcharge.
(1) If a court convicts a person under 4 HCC § 5, the court may impose a global positioning
system tracking surcharge of $200 for each offense.
(2)(a) If the surcharge is imposed, after the court determines the amount due, the clerk of the
court shall collect and transmit the amount to the treasurer.
(3) All moneys collected from global positioning system tracking surcharges shall be deposited
and utilized in accordance with legislative directives.
(4) If the moneys collected under this section prove inadequate to fund the global positioning
system tracking program, probation and parole may, increase the surcharge under sub. (1) by not
more than 5 percent each year to cover the costs of the global positioning system tracking
program.
973.06 Costs, fees, and surcharges.
(1) The costs, fees, and surcharges taxable against the defendant shall consist of the following
items and no others:
(a) The necessary disbursements and fees of officers allowed by law and incurred in
connection with the arrest, preliminary examination and trial of the defendant, including, in the

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discretion of the court, the fees and disbursements of the agent appointed to return a defendant
from another tribe, state or country.
(am) Moneys expended by a law enforcement agency under all of the following
conditions:
1. The agency expended the moneys to purchase a controlled substance or
controlled substance analog that was distributed in violation of ch. 961.
2. The moneys were expended in the course of an investigation that resulted in
the defendant's conviction.
3. The moneys were used to obtain evidence of the defendant's violation of the
law.
4. The agency has not previously been reimbursed or repaid for the expended
moneys by the defendant.
(ar) If the defendant violated s. 947.017, the moneys expended by the Nation, a state or
local government agency for the following activities in connection with a threat under s. 947.017
(2):
1. The response to the threat by emergency medical personnel, as defined in s.
941.37 (1) (c).
2. The analysis of any substance alleged to be a harmful substance, as defined in
s. 947.017 (1).
3. The medical treatment of persons who are alleged to have been exposed to an
alleged harmful substance, as defined in s. 947.017 (1).
(av) 1. Except as provided in subd. 2., if the defendant violated s. 946.41 by obstructing
an officer, the reasonable costs expended by law enforcement or emergency response agency to
respond to or investigate the false information that the defendant provided or the physical
evidence that the defendant placed. Costs allowable under this paragraph may include personnel
costs and costs associated with the use of police or emergency response vehicles.
2. No costs may be taxable against a defendant under this paragraph if any of the
following applies:
a. The defendant was charged under s. 946.41 solely because he or she
recanted a report of abusive conduct, including interspousal battery, as described under s. 940.19
or 940.20 (1m), domestic abuse, harassment, sexual exploitation by a therapist under s. 940.22,
sexual assault under s. 940.225, or child abuse under ss. 948.02 to 948.11.
b. The defendant was a victim of abusive conduct, including interspousal
battery, as described under s. 940.19 or 940.20 (1m), domestic abuse, harassment, sexual
exploitation by a therapist under s. 940.22, sexual assault under s. 940.225, or child abuse under
ss. 948.02 to 948.11, and he or she was charged under s. 946.41 based on information he or she
omitted or false information he or she provided during the course of an investigation into the
crime committed against him or her.
c. The defendant was charged under s. 946.41 solely because his or her
report did not lead to criminal charges against, or a conviction of, another person.
(b) Fees and travel allowance of witnesses for the state at the preliminary examination
and the trial.
(c) Fees and disbursements allowed by the court to expert witnesses.
(d) Fees and travel allowance of witnesses for the defense incurred by the Nation at the
request of the defendant, at the preliminary hearing and the trial.

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(e) Attorney fees payable to the defense attorney. If the court determines at the time of
sentencing that the defendant's financial circumstances are changed, the court may adjust the
amount in accordance with s. 977.307.
(g) An amount equal to 10% of any restitution ordered under s. 973.20, payable to the
treasurer for use by the Nation.
(h) The cost of performance of a test under s. 968.38, if ordered by the court.
(j) If the defendant violated s. 940.09 (1), or 940.25 or any additional law requiring a
blood draw, any costs charged to or paid by a law enforcement agency for the withdrawal of the
defendant's blood, except that the court may not impose on the defendant any cost for an
alternative test provided free of charge. If at the time the court finds that the defendant
committed the violation, the law enforcement agency has not paid or been charged with the costs
of withdrawing the person's blood, the court shall impose and collect the costs the law
enforcement agency reasonably expects to be charged for the withdrawal, based on the current
charges for this procedure. Notwithstanding sub. (2), the court may not remit these costs.
(2) The court may remit the taxable costs, in whole or in part.
(3) If the court orders payment of restitution, collection of costs shall be as provided under s.
973.20.
973.07
Failure to pay fine, fees, surcharges, or costs or to comply with certain
community service work. If the fine, plus costs, fees, and surcharges imposed, are not paid or
community service work under s. 943.017 (3) is not completed as required by the sentence, the
defendant may be committed to jail until the fine, costs, fees, and surcharges are paid or
discharged, or the community service work under s. 943.017 (3) is completed, for a period fixed
by the court not to exceed 6 months.
973.075 Forfeiture of property derived from crime and certain vehicles.
(1) The following are subject to seizure and forfeiture under ss. 973.075 to 973.077:
(a) All property, real or personal, including money, used in the course of, intended for
use in the course of, or directly or indirectly derived from or realized through the commission of
any crime.
(b) 1m. Except as provided in subd. 2m., all vehicles, as defined in s. 939.22 (44), which
are used in any of the following ways:
a. To transport any property or weapon used or to be used or received in
the commission of any felony.
b. In the commission of a crime under s. 946.70.
c. In the commission of a crime in violation of s. 940.302, 944.30 (1m),
944.31, 944.32, 944.33, 944.34, 948.02, 948.025, 948.05, 948.051, 948.055, 948.06, 948.07,
948.08, 948.09, 948.10, 948.12, or 948.14.
d. In the commission of a crime relating to a cultural resource.
e. To cause more than $2,500 worth of criminal damage to cemetery
property in violation of s. 943.01 (2) (d) or 943.012.
f. In the commission of a crime under 4 HCC § 5 or s. 940.32.
g. In the commission of a crime under s. 943.75 (2) or (2m).

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h. In the commission of a crime under s. 948.07.
2m. a. No vehicle used by any person as a common carrier in the transaction of
business as a common carrier is subject to forfeiture under ss. 973.075 to 973.077 unless it
appears that the owner or other person in charge of the vehicle had knowledge of or consented to
the commission of the crime.
b. No vehicle is subject to forfeiture under ss. 973.075 to 973.077 by
reason of any act or omission established by the owner of the vehicle to have been committed or
omitted without his or her knowledge or consent.
c. If forfeiture of a vehicle encumbered by a bona fide perfected security
interest occurs, the holder of the security interest shall be paid from the proceeds of the forfeiture
if the security interest was perfected prior to the date of the commission of the crime which
forms the basis for the forfeiture and he or she neither had knowledge of nor consented to the act
or omission.
(bg) Any property used or to be used in the commission of a crime under s. 943.75 (2) or
(2m), or 948.07, but if the property is encumbered by a bona fide perfected security interest that
was perfected before the date of the commission of the current violation and the holder of the
security interest neither had knowledge of nor consented to the commission of that violation, the
holder of the security interest shall be paid from the proceeds of the forfeiture.
(bm) Any property used in the commission of a crime under 4 HCC § 5 or s. 940.32, but
if the property is encumbered by a bonafide perfected security interest that was perfected before
the date of the commission of the current violation and the holder of the security interest neither
had knowledge of nor consented to the commission of that violation, the holder of the security
interest shall be paid from the proceeds of the forfeiture.
(c) All remote sensing equipment, navigational devices, survey equipment and scuba gear
and any other equipment or device used in the commission of a crime relating to a cultural
resource in violation.
(e) Any recording, as defined in s. 943.206 (5), created, advertised, offered for sale or
rent, sold, rented, transported or possessed in violation of ss. 943.207 to 943.209 and any
electronic, mechanical or other device for making a recording or for manufacturing, reproducing,
packaging or assembling a recording that was used to facilitate a violation of ss. 943.207 to
943.209, regardless of the knowledge or intent of the person from whom the recording or device
is seized. If a device subject to forfeiture under this paragraph is encumbered by a bona fide
perfected security interest that was perfected before the date of the commission of the current
violation and the holder of the security interest neither had knowledge of nor consented to the
commission of that violation, the holder of the security interest shall be paid from the proceeds
of the forfeiture.
(2) A law enforcement officer may seize property subject to this section upon process issued by
any court of record having jurisdiction over the property. Except for vehicles used in the
commission of a crime in violation of s. 940.302, 944.30 (1m), 944.31, 944.32, 944.33, 944.34,
948.02, 948.025, 948.05, 948.051, 948.055, 948.06, 948.07, 948.08, 948.09, 948.10, 948.12, or
948.14, seizure without process may be made under any of the following circumstances:
(a) The seizure is incident to an arrest or a search under a search warrant or an inspection
under any administrative or special inspection warrant.

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(b) The property subject to seizure has been the subject of a prior judgment in favor of
the Nation.
(c) The officer has probable cause to believe that the property is directly or indirectly
dangerous to health or safety.
(d) The officer has probable cause to believe that the property was derived from or
realized through a crime, or was used in a crime under s. 948.07, or that the property is a vehicle
which was used to transport any property or weapon used or to be used or received in the
commission of any felony, which was used in the commission of a crime relating to a cultural
resource, which was used in the commission of a crime under s. 948.07, or which was used to
cause more than $2,500 worth of criminal damage to cemetery property in violation of s. 943.01
(2) (d) or 943.012.
(3) If there is a seizure under sub. (2), proceedings under s. 973.076 shall be instituted. Property
seized under this section is not subject to replevin, but is deemed to be in the custody of the
police department in which the seizure was made subject only to the orders and decrees of the
court having jurisdiction over the forfeiture proceedings. When property is seized under this
section, the person seizing the property may do any of the following:
(a) Place the property under seal.
(b) Remove the property to a place designated by it.
(c) Require the chief of police or sheriff in which the seizure was made to take custody of
the property and remove it to an appropriate location for disposition in accordance with law.
(4) When property is forfeited under ss. 973.075 to 973.077, the agency seizing the property
may sell the property that is not required by law to be destroyed or transferred to another agency.
The agency may retain any vehicle for official use or sell the vehicle. The agency seizing the
property may deduct 50% of the amount received for administrative expenses of seizure,
maintenance of custody, advertising and court costs and the costs of investigation and
prosecution reasonably incurred. The remainder shall be deposited in the school fund as the
proceeds of the forfeiture. If the property forfeited under ss. 973.075 to 973.077 is money, all the
money shall be deposited in the school fund.
(5) All forfeitures under ss. 973.075 to 973.077 shall be made with due provision for the rights
of innocent persons under sub. (1) (b) 2m., (bg), (bm), (d) and (e). Except as provided in sub.
(5m), any property seized but not forfeited shall be returned to its rightful owner. Any person
claiming the right to possession of property seized may apply for its return to the circuit court for
the county in which the property was seized. The court shall order such notice as it deems
adequate to be given the district attorney and all persons who have or may have an interest in the
property and shall hold a hearing to hear all claims to its true ownership. If the right to
possession is proved to the court's satisfaction, it shall order the property returned as soon as
practically possible if:
(a) The property is not needed as evidence or, if needed, satisfactory arrangements can be
made for its return for subsequent use as evidence; or
(b) All proceedings in which it might be required have been completed.
(5m) (a) In this subsection:

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1. "Forfeiture action deadline" means the 30th day after the seizure of the
property or, if the property was seized as a result of a criminal conviction, the 30th day after the
date of the conviction.
2. "Prosecutor" means the tribal prosecutor.
3. "Victim" means the owner, as defined in s. 943.206 (2), of the sounds in
a recording described in sub. (1) (e) or, if the recording is seized in connection with an
investigation or prosecution of a violation of s. 943.208, the performance owner.
(b) If a recording involved in a violation of ss. 943.207 to 943.209 is forfeited, law
enforcement which the recording was seized shall destroy it after the completion of all
proceedings in which the recording might be required as evidence.
(c) If, by the forfeiture action deadline, a summons, complaint and affidavit have not
been filed under s. 973.076 (1) (b) 1. with respect to property seized under sub. (1) (e), the
prosecutor shall notify the victim, if known, by certified mail no later than 7 days after the
forfeiture action deadline. The prosecutor shall then return the property to the person from whom
it was seized no earlier than 60 days and no later than 90 days after the forfeiture action deadline
unless one of the following applies:
1. A court has entered an order prohibiting the return of the property or requiring
it to be conveyed to another person.
2. The property is needed as evidence in a criminal proceeding and is likely to be
unavailable for use as evidence if returned to the person from whom it was seized.
(6) Sections 973.075 to 973.077 do not apply to crimes committed under ch. 961.
973.076 Forfeiture proceedings.
(1) CIVIL FORFEITURES.
(a) Type of action; where brought. In an action brought to cause the forfeiture of any property
specified s. 973.075 (1), the court may render a judgment in rem or against a party personally, or
both. The court in which the property was seized shall have jurisdiction over any proceedings
regarding the property when the action is commenced. Any property seized may be the subject of
a federal forfeiture action.
(b) Commencement.
1. The tribal prosecutor within which the property was seized or in which the
defendant is convicted shall commence the forfeiture action within 30 days after the
seizure of the property or the date of conviction, whichever is earlier, except that the
defendant may request that the forfeiture proceedings be adjourned until after
adjudication of any charge concerning a crime which was the basis for the seizure of the
property. The request shall be granted. The forfeiture action shall be commenced by
filing a summons, complaint and affidavit of the person who seized the property with the
clerk of court, provided service of authenticated copies of those papers is made in
accordance with the Rules of Civil Procedure, if applicable, within 90 days after filing
upon the person from whom the property was seized and upon any person known to have
a bona fide perfected security interest in the property.
2. Upon service of an answer, the action shall be set for hearing within 60 days of
the service of the answer but may be continued for cause or upon stipulation of the parties.
3. If no answer is served or no issue of law or fact has been joined and the time
for that service or joining issue has expired, or if any defendant fails to appear at trial after

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answering or joining issue, the court may render a default judgment as provided in HCN R. Civ.
Pro, Rule 54.
(2m) CRIMINAL FORFEITURES.
(a) In addition to any penalties under this chapter, the court shall, with due provision for
the rights of innocent persons, order forfeiture of any property specified in s. 973.075 (1) in
accordance with pars. (b), (c), and (d).
(b) A criminal complaint must allege the extent of property subject to forfeiture under
this subsection. At trial, the court or the jury shall return a special verdict determining the extent
of property, if any, that is subject to forfeiture under this subsection. When a special verdict
contains a finding of property subject to a forfeiture under this subsection, a judgment of
criminal forfeiture shall be entered along with the judgment of conviction under s. 972.13.
(c) An injured person has a right or claim to forfeited property or the proceeds derived
from forfeited property under this subsection that is superior to any right or claim the state has in
the property or proceeds. This paragraph does not grant the injured person priority over state
claims or rights by reason of a tax lien or other basis not covered by this section or by s. 973.075
or 973.077. All rights, titles, and interest in property specified in s. 973.075 (1) vest in the state
upon the commission of the act giving rise to forfeiture under this subsection.
(d) An injured or innocent person may petition the court for relief from the judgment of
criminal forfeiture entered under par. (b) within 30 days after it is entered. The person filing the
petition has the burden of satisfying or convincing to a reasonable certainty by the greater weight
of the evidence that the person has a bona fide perfected security interest in the property subject
to forfeiture in s. 973.075 (1) or any other property subject to forfeiture in sub. (4). The court
may order that a person with a bona fide perfected security interest be paid from the proceeds of
the forfeiture or any other equitable relief necessary so as to do substantial justice to the person.
(3) BURDEN OF PROOF. The Nation shall have the burden of satisfying or convincing to a
reasonable certainty by the greater weight of the credible evidence that the property is subject to
forfeiture under s. 973.075 to 973.077.
(4) ACTION AGAINST OTHER PROPERTY OF THE PERSON. The court may order the forfeiture of any
other property of a defendant up to the value of property found by the court to be subject to
forfeiture under s. 973.075 if the property subject to forfeiture meets any of the following
conditions:
(a) Cannot be located.
(b) Has been transferred or conveyed to, sold to or deposited with a 3rd party.
(c) Is beyond the jurisdiction of the court.
(d) Has been substantially diminished in value while not in the actual physical custody of
the law enforcement agency.
(e) Has been commingled with other property that cannot be divided without difficulty.
973.077 Burden of proof; liabilities.
(1) It is not necessary for the Nation to negate any exemption or exception regarding any crime
in any complaint, information, indictment or other pleading or in any trial, hearing or other

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proceeding under s. 973.076. The burden of proof of any exemption or exception is upon the
person claiming it.
(2) In the absence of proof that a person is the duly authorized holder of an appropriate federal
registration or order form, the person is presumed not to be the holder of the registration or form.
The burden of proof is upon the person to rebut the presumption.
(3) No liability is imposed by ss. 973.075 to 973.077 upon any authorized law enforcement
officer or employee engaged in the lawful performance of duties.
973.08 Records accompanying prisoner.
(1) When any defendant is sentenced to prisons, a copy of the judgment of conviction and a
copy of any order for restitution under s. 973.20 shall be delivered by the officer executing the
judgment to the warden or superintendent of the institution when the prisoner is delivered.
(2) The transcript of any portion of the proceedings relating to the prisoner's sentencing shall be
filed at the institution within 120 days from the date sentence is imposed.
(3) The transcript of all other testimony and proceedings upon order of a court shall be delivered
to a prisoner within 120 days of his or her request.
(4) The transcript of all other testimony and proceedings upon order of a court shall be delivered
to probation and parole within 120 days of its request.
(5) The clerk of court shall file or deliver a transcript under sub. (2), (3) or (4).
973.09 Probation.
(1)(a) Except as provided in par. (c) or if probation is prohibited for a particular offense by
statute, if a person is convicted of a crime, the court, by order, may withhold sentence or impose
sentence under s. 973.15 and stay its execution, and in either case place the person on probation
to the department for a stated period, stating in the order the reasons therefor. The court may
impose any conditions which appear to be reasonable and appropriate. The period of probation
may be made consecutive to a sentence on a different charge, whether imposed at the same time
or previously. If the court imposes a term of probation under sub. (2) (a) 1. or 2. or (b) 2., it shall
place its reasons for doing so on the record.
(b) If the court places the person on probation, the court shall order the person to pay
restitution under s. 973.20, unless the court finds there is substantial reason not to order
restitution as a condition of probation. If the court does not require restitution to be paid to a
victim, the court shall state its reason on the record. If the court does require restitution, it shall
notify the department of justice of its decision if the victim may be eligible for compensation
under subch. I of ch. 949.
(c) When a person is convicted of any crime which is punishable by the maximum
incarceration penalty, the court shall not place the person on probation.
(d) If a person is convicted of an offense that provides a mandatory or presumptive
minimum period of one year or less of imprisonment, a court may place the person on probation
under par. (a) if the court requires, as a condition of probation, that the person be confined under
sub. (4) for at least that mandatory or presumptive minimum period. The person is eligible to

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earn good time credit calculated under Wisconsin Statue s. 302.43 regarding the period of
confinement.
(e) The court may impose a sentence under s. 973.032, stay its execution and place the
person on probation. A court may not provide that a condition of any probation involves
participation in the intensive sanctions program.
(1d) If a person is placed on probation for a felony or for any violation of ch. 940, 948, or 961,
the person, his or her residence, and any property under his or her control may be searched by a
law enforcement officer at any time during his or her period of supervision if the officer
reasonably suspects that the person is committing, is about to commit, or has committed a crime
or a violation of a condition of probation. Any search conducted pursuant to this subsection shall
be conducted in a reasonable manner and may not be arbitrary, capricious, or harassing. A law
enforcement officer who conducts a search pursuant to this subsection shall, as soon as
practicable after the search, notify the department of corrections.
(1g) If the court places the person on probation, the court may require, upon consideration of the
factors specified in s. 973.20 (13) (a) 2. to 5., that the probationer reimburse the Nation, as
applicable, for any costs for legal representation to the Nation for the defense of the case. In
order to receive this reimbursement, the public defender shall provide a statement of its costs of
legal representation to the defendant and court within the time period set by the court.
(2) The original term of probation shall be:
(a) 1. Except as provided in subd. 2., for any of the following misdemeanors, not less
than 6 months nor more than 2 years:
a. A misdemeanor that the defendant committed while possessing a
firearm.
b. A misdemeanor that was an act of domestic abuse, as defined in s.
968.075 (1) (a).
c. A misdemeanor under s. 940.225 (3m) or ch. 948.
1m. Except as provided in subd. 2., for Class A misdemeanors not covered by
subd. 1., not less than 6 months nor more than one year.
1r. Except as provided in subd. 2., for misdemeanors not covered by subd. 1. or
1m., not more than one year.
2. If the probationer is convicted of not less than 2 nor more than 4 misdemeanors
at the same time, the maximum original term of probation may be increased by one year.
If the probationer is convicted of 5 or more misdemeanors at the same time, the
maximum original term of probation may be increased by 2 years.
(ar) Notwithstanding par. (a) 1r., and except as provided in par. (a) 2., for a violation
punishable under 4 HCC § 5, not less than 6 months or more than the period of the injunction
issued under 4 HCC § 5.
(b) 1. Except as provided in subd. 2., for felonies, not less than one year nor more than
either the maximum term of confinement in prison for the crime or 3 years, whichever is greater.

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2. If the probationer is convicted of 2 or more crimes, including at least one
felony, at the same time, the maximum original term of probation may be increased by one year
for each felony conviction.
(2m) If a court imposes a term of probation in excess of the maximum authorized by statute, the
excess is void and the term of probation is valid only to the extent of the maximum term
authorized by statute. The term is commuted without further proceedings.
(3)(a) Prior to the expiration of any probation period, the court, for cause and by order, may
extend probation for a stated period or modify the terms and conditions thereof.
(b) Probation and parole shall notify the sentencing court, any person to whom unpaid
restitution is owed and the tribal prosecutor of the status of the ordered restitution payments
unpaid at least 90 days before the probation expiration date. If payment as ordered has not been
made, the court shall hold a probation review hearing prior to the expiration date, unless the
hearing is voluntarily waived by the probationer with the knowledge that waiver may result in an
extension of the probation period or in a revocation of probation. If the court does not extend
probation, it shall issue a judgment for the unpaid restitution and direct the clerk of court to file
and enter the judgment in the judgment and lien docket, without fee, unless it finds that the
victim has already recovered a judgment against the probationer for the damages covered by the
restitution order. If the court issues a judgment for the unpaid restitution, the court shall send to
the person at his or her last-known address written notification that a civil judgment has been
issued for the unpaid restitution.
(bg) 1. At least 90 days before the expiration date of a probationer's period of probation,
probation and parole shall notify the sentencing court and tribal attorney that a probationer owes
an unpaid surcharge imposed under s. 973.045. Upon receiving notice from probation and parole,
the court shall schedule a probation review hearing to be held before the expiration date of the
period of probation unless the probationer either pays the unpaid surcharge before the scheduled
hearing date or voluntarily waives the hearing. A waiver of a probation review hearing under this
paragraph must include an acknowledgment by the probationer that waiver may result in an
extension of the probation period, a modification of the terms and conditions of probation, a
revocation of probation, or deduction from a tribal member’s per capita distribution.
2. If the court does not extend probation, the court shall issue a judgment for the
unpaid surcharge and direct the clerk of court to file and enter the judgment in the judgment and
lien docket or enforce the judgment against a tribal member’s per capita distribution.
3. At a probation review hearing scheduled under subd. 1., probation and parole
has the burden of proving that the probationer owes an unpaid surcharge imposed under s.
973.045 and the amount of the unpaid surcharge. If probation and parole proves by a
preponderance of the evidence that the probationer owes an unpaid surcharge under s. 973.045,
the court may, by order, extend the period of probation for a stated period or modify the terms
and conditions of probation.
4. If the court does not extend or modify the terms of probation under subd. 3., the
court shall issue a judgment for the unpaid surcharge and direct the clerk of court to file and
enter the judgment in the judgment and lien docket without fee or order the amount be deducted
from a tribal member’s per capita distribution. If the court issues a judgment for the unpaid
surcharge, the court shall send to probation and parole a written notification that a civil judgment
has been issued for the unpaid fees.

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(bm) 1. At least 90 days before the expiration date of a probationer's period of probation,
probation and parole may notify the sentencing court and the tribal prosecutor that a probationer
owes unpaid fees to probation and parole.
2. Upon receiving notice from probation and parole under subd. 1., the court shall
schedule a probation review hearing to be held before the expiration date of the period of
probation unless the probationer either pays the fees before the scheduled hearing date or
voluntarily waives the hearing. A waiver of a probation review hearing under this subdivision
shall include an acknowledgement by the probationer that waiver may result in an extension of
the probation period, a modification of the terms and conditions of probation or a revocation of
probation.
3. At a probation review hearing under subd. 2., probation and parole has the
burden of proving that the probationer owes unpaid fees and the amount of the unpaid fees. If
probation and parole proves by a preponderance of the evidence that the probationer owes unpaid
fees, the court may, by order, extend the period of probation for a stated period or modify the
terms and conditions of probation.
4. If the court does not extend or modify the terms of probation under subd. 3., it
shall issue a judgment for the unpaid fees and direct the clerk of court to file and enter the
judgment in the judgment and lien docket, without fee or order the amount be deducted from a
tribal member’s per capita distribution.. If the court issues a judgment for the unpaid fees, the
court shall send to probation and parole a written notification that a civil judgment has been
issued for the unpaid fees.
(c) Any of the following may constitute cause for the extension of probation:
1. The probationer has not made a good faith effort to discharge court-ordered
payment obligations or to pay fees owed.
2. The probationer is not presently able to make required restitution payments and
the probationer and the person to whom restitution is owed consent to the performance of
community service work under sub. (7m) in satisfaction of restitution ordered for that person, for
which an extended period of probation is required.
3. The probationer stipulates to the extension of supervision and the court finds
that extension would serve the purposes for which probation was imposed.
(d) The court may modify a person's period of probation and discharge the person from
probation if all of the following apply:
1. Probation and parole petitions the court to discharge the person from probation.
2. The probationer has completed 50 percent of his or her period of probation.
3. The probationer has satisfied all conditions of probation that were set by the
sentencing court.
4. The probationer has satisfied all rules and conditions of probation that were set
by probation and parole.
5. The probationer has fulfilled all financial obligations to his or her victims, the
court, and probation and parole, including the payment of any fine, forfeiture, fee or surcharge,
or order of restitution.
6. The probationer is not required to register pursuant to any sex offender
statutes.
(3m) (a) In this subsection, "victim" has the meaning given in s. 950.02 (4).

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(b) When a court receives a petition under sub. (3) (d), the clerk of the court shall send a
notice of hearing to the victim of the crime committed by the probationer, if the victim has
submitted a card under par. (c) requesting notification. The notice shall inform the victim that he
or she may appear at any hearing scheduled under sub. (3) (d) and shall inform the victim of the
manner in which he or she may provide a statement concerning the modification of the
probationer's term of probation. The clerk of the court shall make a reasonable attempt to send
the notice of hearing to the last-known address of the victim, postmarked at least 10 days before
the date of the hearing.
(c) The clerk of court shall design and prepare cards for a victim to send notice for the
hearing where the probationer was convicted and sentenced. The cards shall have space for a
victim to provide his or her name and address, the name of the applicable probationer, and any
other information that the clerk determines is necessary. The court shall provide the cards,
without charge, to victims. Victims may send completed cards to the clerk of the court in which
the probationer was convicted and sentenced. The mailing address of the victim shall remain
confidential and shall not be part of the court file or discoverable under 2 HCC § 3.
(4) (a) The court may also require as a condition of probation that the probationer be confined
during such period of the term of probation as the court prescribes, but not to exceed one year.
The court may grant the privilege of leaving the jail, Huber facility, work camp, or tribal jail
during the hours or periods of employment or other activity while confined under this subsection,
only when such privilege is available at the housing facility. The court may specify the necessary
and reasonable hours or periods during which the probationer may leave the jail, Huber facility,
work camp, or tribal jail. In those counties without a Huber facility under Wisconsin Statute s.
303.09, a work camp under Wisconsin Statute s. 303.10, or an agreement under Wisconsin
Statute s. 302.445, the probationer shall be confined in the jail. In those counties with a Huber
facility under Wisconsin Statute s. 303.09, the sheriff shall determine whether confinement under
this subsection is to be in that facility or in the county jail. In those counties with a work camp
under Wisconsin Statute s. 303.10, the sheriff shall determine whether confinement is to be in the
work camp or the county jail. The sheriff may transfer persons confined under this subsection
between a Huber facility or a work camp and the county jail. In those counties with an agreement
under Wisconsin Statute s. 302.445, the sheriff shall determine whether a person who is confined
under this subsection but who is not subject to an order under par. (b) is to be confined in the
tribal jail or the county jail, unless otherwise provided under the agreement. In those counties,
the sheriff may transfer persons confined under this subsection between a tribal jail and a county
jail, unless otherwise provided under the agreement. In those counties where the Nation has
entered into an agreement, the agreement shall be utilized to determine how inmates will be
housed.
(b) With the consent of probation and parole and when recommended in the presentence
investigation, the court may order that a felony offender subject to this subsection be confined in
a facility located in the city of Milwaukee under Wisconsin Statutes ss. 301.13 or 301.16 (1q),
for the purpose of allowing the offender to complete an alcohol and other drug abuse treatment
program.
(c) While subject to this subsection, the probationer is subject to Wisconsin Statute s.
303.08 (1), (3) to (6), (8) to (12), and (14) or to Wisconsin Statute s. 303.10, whichever is

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applicable, to all the rules of the facility to which the probationer is confined, and to the
discipline of the department of corrections, if confined to a facility under par. (b), or the sheriff.
(4m) Probation and parole shall inform each probationer who is disqualified from voting that he
or she may not vote in any election until his or her civil rights are restored. Probation and parole
shall use the form designed by that department to inform the probationer, and the probationer and
a witness shall sign the form.
(5) When the period of probation for a probationer has expired, the probationer shall be
discharged from probation and the department shall do all of the following:
(a) If the probationer was placed on probation for a felony, issue the probationer one of
the following:
1. A certificate of discharge from probation for the felony for which he or she was
placed on probation if, at the time of discharge, the probationer is on probation or parole for
another felony.
2. A certificate of final discharge if, at the time of discharge, the probationer is not
on probation or parole for another felony. A certificate of final discharge under this subdivision
shall list the civil rights which have been restored to the probationer and the civil rights which
have not been restored to the probationer.
(b) If the probationer was placed on probation for a misdemeanor, notify the probationer
that his or her period of probation has expired.
(c) In all cases, notify the court that placed the probationer on probation that the period of
probation has expired.
(7m) (a) Except as provided in s. 943.017 (3), the court may require as a condition of probation
that the probationer perform community service work for a public agency or a nonprofit
charitable organization. The number of hours of work required may not exceed what would be
reasonable considering the seriousness of the offense and any other offense which is read into the
record at the time of conviction. An order may only apply if agreed to by the probationer and the
organization or agency. The court shall ensure that the probationer is provided a written
statement of the terms of the community service order and that the community service order is
monitored. If the court requires the conditions provided in this subsection and sub. (4), the
probationer reduces the period of confinement under sub. (4) at a rate of one day for each 3 days
of work performed. A day of work equals 8 hours of work performed.
973.10 Control and supervision of probationers.
(1) Imposition of probation shall have the effect of placing the defendant in the custody of
probation and parole and shall subject the defendant to the control of probation and parole under
conditions set by the court and rules and regulations established by probation and parole for the
supervision of probationers, parolees and persons on extended supervision.
(1m) (a) Probation and parole may order that a probationer perform community service work for
a public agency or a nonprofit charitable organization. An order may apply only if agreed to by
the probationer and the organization or agency. Probation and parole shall ensure that the
probationer is provided a written statement of the terms of the community service order and shall

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monitor the probationer's compliance with the community service order. Compliance with this
subsection does not entitle a probationer to credit under s. 973.155.
(b) Any organization or agency acting in good faith to which a probationer is assigned
under an order under this subsection has immunity from any civil liability in excess of $25,000
for acts or omissions by or impacting on the probationer. Probation and parole has immunity
from any civil liability for acts or omissions by or impacting on the probationer regarding the
assignment under this subsection.
(2) If a probationer violates the conditions of probation, probation and parole may initiate a
proceeding before the trial court. Unless waived by the probationer, a Judge shall conduct a
hearing and enter an order either revoking or not revoking probation. If the probationer waives
the final review hearing, the court shall enter an order either revoking or not revoking probation.
If probation is revoked, the department shall:
(a) If the probationer has not already been sentenced, order the probationer brought
before the court for sentence which shall then be imposed without further stay under s. 973.15; or
(b) If the probationer has already been sentenced, order the probationer to prison, and the
term of the sentence shall begin on the date the probationer enters the prison.
(2g) Upon demand prior to a revocation hearing under sub. (2), the tribal prosecutor shall
disclose to a defendant the existence of any audiovisual recording of an oral statement of a child,
which is within the possession, custody or control of the Nation and shall make reasonable
arrangements for the defendant and defense counsel to view the statement. If, after compliance
with this subsection, the Nation obtains possession, custody or control of such a statement, the
tribal attorney shall promptly notify the defendant of that fact and make reasonable arrangements
for the defendant and defense counsel to view the statement.
(2m) In any hearing under sub. (2), the hearing examiner may order that a deposition be taken
by audiovisual means and allow the use of a recorded deposition under s. 967.04 (7) to (10).
(2s) If a probationer signs a statement admitting a violation of a condition or rule of probation,
probation and parole may, as a sanction for the violation, confine the probationer for up to 90
days in a regional detention facility or, with the approval of the sheriff, in a county jail. If
probation and parole confines the probationer in a county jail under this subsection, probation
and parole shall reimburse the county for its actual costs in confining the probationer.
(3) A copy of the order of probation and parole in the case of a waiver is sufficient authority for
the officer executing it to take the probationer to court or to prison. The officer shall execute the
order as a warrant for arrest but any officer may, without order or warrant, take the probationer
into custody whenever necessary in order to prevent escape or enforce discipline or for violation
of probation.
(4) The court shall make either an electronic or stenographic record of all testimony at each
probation revocation hearing. The court shall prepare a written transcript of the testimony only at
the request of a judge who is presiding over the revocation hearing. Each hearing notice shall
include notice of the provisions of this subsection and a statement that any person who wants a
written transcript may record the hearing at his or her own expense.

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973.11 Placements with volunteers in probation program.
(1) PLACEMENTS. If a person is convicted of or pleads guilty or no contest to one or more
misdemeanors for which either mandatory periods of imprisonment are not required or if the
chief judge has approved a volunteers in a probation program, and if the court decides that
volunteer supervision under the program will likely benefit the person and the community and
subject to the limitations under sub. (3), the court may withhold sentence or judgment of
conviction and order that the person be placed with that volunteers in probation program. A
person's participation in the program may not be used to conceal, withhold, or mask information
regarding the judgment of conviction. Except as provided in sub. (3), the order shall provide any
conditions that the court determines are reasonable and appropriate and may include, but need
not be limited to, one or more of the following:
(a) A directive to a volunteer to provide one or more of the following functions for the
defendant:
1. Role model.
2. Informal counseling.
3. General monitoring.
4. Monitoring of conditions set by the court.
(b) Any requirement that the court may impose under s. 973.09 (1g), (4), and (7m).
(2) APPROVAL OF PROGRAMS. The chief judge of the trial court may approve volunteers in
probation programs established for placements under this section.
(3) STATUS. A defendant who is placed with a volunteers in probation program under sub. (1) is
subject to the conditions set by the court. The defendant is not on probation under ss. 973.09 and
973.10 and probation and parole is not responsible for supervising him or her. A court may place
a defendant under sub. (1) prior to conviction only if a deferred prosecution agreement is reached
under s. 971.40. In that case, the person is subject to the conditions set by the court under this
section and the conditions provided in the agreement.
(4) TERM. The court shall set the length of the order, which may not exceed 2 years unless
extended pursuant to a hearing under sub. (5). When the defendant has satisfied the conditions of
the order, the court shall discharge the defendant and dismiss the charges against the defendant if
a judgment of conviction was not previously entered.
(5) FAILURE TO COMPLY WITH ORDER.
(a) If the defendant is alleged to have violated the conditions of an order under sub. (1),
the court may hold a hearing regarding the allegations. The court shall notify the defendant at
least 7 days prior to holding any such hearing. At the hearing, the defendant has the right to each
of the following:
1. Counsel.
2. Remain silent.
3. Present and cross-examine witnesses.
4. Have the hearing recorded by a court reporter.

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(b) The court may extend the period of supervision for up to 45 days to accommodate a
hearing under this subsection.
(c) Failure of the defendant to appear at a hearing under this subsection tolls the running
of the period of supervision.
(d) If the court finds that the violation occurred, it may impose a sentence, revise the
conditions of the order or allow the order to continue.
(6) OTHER MODIFICATIONS TO ORDER. At any time prior to the expiration of the order the court
may shorten the length of the order or modify the conditions of the order. The court shall hold a
hearing regarding a determination under this subsection if the defendant or tribal prosecutor
requests a hearing.
973.12 Sentence of a repeater or persistent repeater.
(1) Whenever a person charged with a crime will be a repeater or a persistent repeater under s.
939.62 if convicted, any applicable prior convictions may be alleged in the complaint, indictment
or information or amendments so alleging at any time before or at arraignment, and before
acceptance of any plea. The court may, upon motion of the tribal attorney, grant a reasonable
time to investigate possible prior convictions before accepting a plea. If the prior convictions are
admitted by the defendant or proved by the Nation, he or she shall be subject to sentence under s.
939.62 unless he or she establishes that he or she was pardoned on grounds of innocence for any
crime necessary to constitute him or her a repeater or a persistent repeater. An official report of
the F.B.I. or any other governmental agency of the United States or of this Nation or any other
state or tribe shall be prima facie evidence of any conviction or sentence therein reported. Any
sentence so reported shall be deemed prima facie to have been fully served in actual confinement
or to have been served for such period of time as is shown or is consistent with the report. The
court shall take judicial notice of the statutes of the United States, states, and tribes in
determining whether the prior conviction was for a felony or a misdemeanor.
(2) In every case of sentence under s. 939.62, the sentence shall be imposed for the present
conviction, but if the court indicates in passing sentence how much thereof is imposed because
the defendant is a repeater, it shall not constitute reversible error, but the combined terms shall be
construed as a single sentence for the present conviction.
973.125 Notice of lifetime supervision for serious sex offenders.
(1) Whenever a prosecutor decides to seek lifetime supervision under s. 939.615 of a person
charged with a serious sex offense specified in s. 939.615 (1) (b) 1., the prosecutor shall, at any
time before or at arraignment and before acceptance of any plea, state in the complaint,
indictment or information or amendments to the complaint, indictment or information that the
prosecution will seek to have the person placed on lifetime supervision under s. 939.615.
(2) Whenever a prosecutor decides to seek lifetime supervision under s. 939.615 of a person
charged with a serious sex offense specified in s. 939.615 (1) (b) 2., the prosecutor shall, at any
time before or at arraignment and before acceptance of any plea, do all of the following:

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(a) State in the complaint, indictment or information or amendments to the complaint,
indictment or information that the prosecution will seek to have the person placed on lifetime
supervision under s. 939.615.
(b) Allege in the complaint that the violation with which the person is charged is a
serious sex offense under s. 939.615 (1) (b) because one of the purposes for the conduct
constituting the violation was for the person's sexual arousal or gratification.
(3) Before accepting a plea, the court may, upon motion of the tribal prosecutor, grant a
reasonable time to investigate whether lifetime supervision may be necessary for a defendant or
whether one of the purposes for the conduct constituting a violation with which a defendant is
charged was for the defendant's sexual arousal or gratification.
973.13 Excessive sentence, errors cured. In any case where the court imposes a maximum
penalty in excess of that authorized by law, such excess shall be void and the sentence shall be
valid only to the extent of the maximum term authorized by statute and shall stand commuted
without further proceedings.
973.135 Courts to report convictions to the state superintendent of public instruction.
(1) In this section:
(a) "Educational agency" means a school district, cooperative educational service agency,
state correctional institution, juvenile correctional facility, secured residential care center for
children and youth, the Wisconsin Center for the Blind and Visually Impaired, the Wisconsin
Educational Services Program for the Deaf and Hard of Hearing, the Mendota Mental Health
Institute, the Winnebago Mental Health Institute, a state center for the developmentally disabled,
a private school, or a private, nonprofit, nonsectarian agency under contract with a school board
under, any school operated by the Ho-Chunk Nation.
(b) "State superintendent" means the state superintendent of public instruction.
(2) If a court determines that a person convicted of a crime specified in ch. 948, including a
crime specified in s. 948.015, a felony for which the maximum term of imprisonment is at least 3
years, 4th degree sexual assault under s. 940.225 (3m) or a crime in which the victim was a child,
is employed by an educational agency, the clerk of the court in which such conviction occurred
shall promptly forward to the state superintendent the record of conviction.
(3) If a conviction under sub. (2) is reversed, set aside or vacated, the clerk of the court shall
promptly forward to the state superintendent a certificate stating that the conviction has been
reversed, set aside or vacated.
973.137
Courts to report convictions to the department of transportation. Upon
conviction of a person for any of the following offenses, the clerk of the court in which such
conviction occurred shall promptly forward the record of conviction to the Ho-Chunk Nation
Transportation Department and the Wisconsin department of transportation:
(1) A violation of s. 941.235.

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(1m) A violation of s. 947.015, if the property involved is owned or leased by the Nation or any
political subdivision of the Nation, or if the property involved is a school premises, as defined in
s. 948.61 (1) (c).
(2) A violation of s. 948.605.
973.14 Sentence to house of correction.
(1) In addition to the authority possessed through the state or additional provisions of made in
the intergovernmental agreements between the Nation and county, prisoners sentenced to a jail
may be transferred by the sheriff to a house of correction without court approval.
(2) Prisoners confined in the house of correction may be transferred by the superintendent of the
house of correction to the county jail without court approval.
(3) A prisoner sentenced to a jail or the house of correction being held in a county jail awaiting
trial on another charge shall be deemed to be serving the county jail or house of correction
sentence and shall be given credit on the sentence.
973.15 Sentence, terms, escapes.
(1) Except as provided in s. 973.032, all sentences to the Wisconsin state prisons shall be for one
year or more. Except as otherwise provided in this section, all sentences commence at noon on
the day of sentence, but time which elapses after sentence while the convicted offender is at large
on bail shall not be computed as any part of the term of imprisonment.
(2)(a) Except as provided in par. (b), the court may impose as many sentences as there are
convictions and may provide that any such sentence be concurrent with or consecutive to any
other sentence imposed at the same time or previously.
(b) The court may not impose a sentence to the intensive sanctions program consecutive
to any other sentence. The court may not impose a sentence to the intensive sanctions program
concurrent with a sentence imposing imprisonment, except that the court may impose a sentence
to the program concurrent with an

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aho-chunk%3A5ebf1a95b6f92b29. Public record. Not legal advice.