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Wis. Stat. § 973.045

Crime victim and witness assistance surcharge

Applied in 4 court decisions — leading case 353 Wis. 2d 601 - State v. Andrew J. Matasek (2014)

Most recently applied in 382 Wis. 2d 338 - State v. Michael L. Cox (June 2018)

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; 2013 a. 20.

How often courts cite this section

20052010201810
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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. 12973.045 SENTENCING (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.

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.