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Section 973.045 – Crime victim and witness assistance surcharge

May 14, 2021 | Criminal Procedure, Wisconsin

(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.
3. The court finds that the person committed that civil offense on or after October 27, 2007.
(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 county treasurer under s. 59.40(2) (m). The county treasurer shall then make payment to the secretary of administration under s. 59.25(3) (f) 2 The secretary of administration shall credit to the appropriation account under s. 20.455(5) (g) the amount paid to the secretary by the county treasurer under this subsection and any amount collected under sub. (4).
(4) If an inmate in a state prison or a person sentenced to a state prison has not paid the crime victim and witness assistance surcharge under this section, the department shall assess and collect the amount owed from the inmate’s wages or other moneys. Any amount collected shall be transmitted to the secretary of administration.

Wis. Stat. ยง 973.045

Amended by Acts 2013 ch, 20,s 2352, eff. 7/2/2013.
Amended by Acts 2013 ch, 20,s 2351, eff. 7/2/2013.
Amended by Acts 2013 ch, 20,s 2350, eff. 7/2/2013.
Amended by Acts 2013 ch, 20,s 2349, eff. 7/2/2013.
Amended by Acts 2013 ch, 20,s 2348, eff. 7/2/2013.
1983 a. 27; 1987 a. 27; 1989 a. 31; 1993 a. 16; 1995 a. 201; 2003 a. 33; 2005 a. 25; 2007 a. 20; 2009 a. 28; 2011 a. 32, 257; 2011 a. 260 s. 81; s. 13.92(1) (bm) 2.

Par. (b) was renumbered from s. 973.045(3) (b) to s. 973.045(3) by 2011 Wis. Act 257. Par. (b) is shown as renumbered back to s. 973.045(3) (b) by the legislative reference bureau under s. 13.92(1) (bm) 2.