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Section 977.07 – Determination of indigency

May 14, 2021 | Criminal Procedure, Wisconsin

(1)

(a) Determination of indigency for persons entitled to counsel shall be made as soon as possible and shall be in accordance with the rules promulgated by the board under s. 977.02(3) and the system established under s. 977.06. No determination of indigency is required for a child who is entitled to be represented by counsel under s. 48.23 or 938.23 or a person who is entitled to be represented by counsel under s. 51.60, 55.105, or 980.03(2) (a).

NOTE: Par. (a) is shown as affected by 2017 Wis. Acts 184 and 359 and as merged by the legislative reference bureau under s. 13.92(2) (i).

(b) For referrals not made under ss. 809.30, 974.06, and 974.07, a representative of the state public defender is responsible for making indigency determinations unless the county became responsible under s. 977.07(1) (b) 2 or 3., 1983 stats., for these determinations. Subject to the provisions of par. (bn), those counties may continue to be responsible for making indigency determinations. Any such county may change the agencies or persons who are designated to make indigency determinations only upon the approval of the state public defender.
(bn) Notwithstanding par. (b), if the state public defender board determines that standards under s. 977.02(3) are not being met or that there is a pattern of improper denial of indigency findings in a county, the state public defender board shall transfer indigency determination authority in the county to the state public defender. In addition, if less than 100 percent of the cases at the trial level are assigned to private bar attorneys in a county, the public defender board may transfer indigency determination authority in the county to the state public defender.
(c) For all referrals made under ss. 809.107, 809.30, 974.06(3) (b) and 974.07(11), except a referral of a child who is entitled to be represented by counsel under s. 48.23 or 938.23 or a person who is entitled to be represented by counsel under s. 51.60, 55.105, or 980.03(2) (a), a representative of the state public defender shall determine indigency. For referrals made under ss. 809.107, 809.30 and 974.06(3) (b), except a referral of a child who is entitled to be represented by counsel under s. 48.23 or 938.23 or a person who is entitled to be represented by counsel under s. 51.60, 55.105, or 980.03(2) (a), the representative of the state public defender may, unless a request for redetermination has been filed under s. 809.30(2) (d) or the person’s request for representation states that his or her financial circumstances have materially improved, rely upon a determination of indigency made for purposes of trial representation under this section.

NOTE: Par. (c) is shown as affected by 2017 Wis. Acts 184 and 359 and as merged by the legislative reference bureau under s. 13.92(2) (i).

(d) If the representative of the state public defender or the county designee determines that a person is indigent or if no determination of indigency is required as provided in par. (a), the case shall be referred to or within the office of the state public defender for assignment of counsel under s. 977.08.
(2m) If the person is found to be indigent, the person shall be promptly informed of the state’s right to payment or recoupment under s. 48.275(2), 757.66, 938.275(2), 973.06(1) (e), or 977.076(1), and the possibility that the payment of attorney fees may be made a condition of probation, should the person be placed on probation. Furthermore, if found to be indigent, the person shall be promptly informed of the extent to which he or she will be expected to pay for counsel, and whether the payment shall be in the form of a lump sum payment or periodic payments. The person shall be informed that the payment amount may be adjusted if his or her financial circumstances change by the time of sentencing. The payment and payment schedule shall be set forth in writing. This subsection does not apply to persons who have paid under s. 977.075(3m).

Wis. Stat. ยง 977.07

Amended by Acts 2018 ch, 359,s 13, eff. 4/18/2018.
Amended by Acts 2018 ch, 359,s 12, eff. 4/18/2018.
Amended by Acts 2018 ch, 359,s 11, eff. 4/18/2018.
Amended by Acts 2018 ch, 184,s 13, eff. 3/30/2018.
Amended by Acts 2018 ch, 184,s 12, eff. 3/30/2018.
1977 c. 29; 1979 c. 175 s. 53; 1979 c. 356; 1981 c. 20 s. 1833, 2202 (41) (a); Sup. Ct. Order, 123 Wis. 2d xi (1985); 1985 a. 29; 1987 a. 27, 61, 399; 1991 a. 39; 1993 a. 16, 451, 491; 1995 a. 27, 77; 2001 a. 16; 2005 a. 293; 2007 a. 20, 97; 2009 a. 164.