Section 978.13 – Operational expenses of district attorney offices

May 14, 2021 | Criminal Procedure, Wisconsin

(1) Subject to sub. (1m), the state shall assume financial responsibility for all of the following:

(b) In counties having a population of 750,000 or more, the salary and fringe benefit costs of 2 clerk positions providing clerical services to the prosecutors in the district attorney’s office handling cases involving felony violations under ch. 961. The secretary of administration shall pay the amount authorized under this subsection to the county treasurer pursuant to a voucher submitted by the district attorney to the department of administration from the appropriation under s. 20.475(1) (i).
(c) In counties having a population of 750,000 or more, the salary and fringe benefit costs of clerk positions in the district attorney’s office necessary for the prosecution of violent crime cases primarily involving felony violations under s. 939.63, if a felony is committed while armed, and under ss. 940.01 to 940.03, 940.05, 940.06, 940.225, 943.23(1g), and 943.32(2). The secretary of administration shall pay the amount authorized under this subsection to the county treasurer pursuant to a voucher submitted by the district attorney to the secretary of administration from the appropriation under s. 20.475(1) (i).
(d) In counties having a population of 750,000 or more, the salary and fringe benefit costs of 2 clerk positions providing clerical services to the prosecutors in the district attorney’s office handling cases involving the unlawful possession or use of firearms. The secretary of administration shall pay the amount authorized under this subsection to the county treasurer from the appropriation under s. 20.475(1) (i) pursuant to a voucher submitted by the district attorney to the department of administration.
(1m) The amount paid under sub. (1) (b), (c), and (d) combined may not exceed the amount appropriated under s. 20.475(1) (i).
(2)

(a) In this subsection, “costs related to the operation of the district attorney’s office” include costs that a prosecutorial unit must pay under s. 978.043(2) but do not include costs for which a prosecutorial unit receives reimbursement under s. 978.043(2).
(b) Except as provided in sub. (1), each county in a district attorney’s prosecutorial unit has financial responsibility for all costs related to the operation of the district attorney’s office, other than the salaries of the district attorney and other state employees in the district attorney’s office, the compensation of special prosecutors and the cost of benefits under the Wisconsin retirement system and the insurance benefit plans under ch. 40 for which the district attorney and other state employees in the district attorney’s office are eligible. The nature and level of materials, supplies, equipment, services and facilities provided for the district attorney’s office by the county shall be adequate and sufficient to fulfill the responsibilities of that office.

Wis. Stat. ยง 978.13

Amended by Acts 2018 ch, 207,s 5, eff. 4/5/2018.
1989 a. 31, 117, 122, 336; 1991 a. 39; 1993 a. 16, 92; 1995 a. 27, 448; 1997 a. 27; 1999 a. 9; 2001 a. 16, 109; 2003 a. 33; 2005 a. 25, 434.