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State | Statute | Description/Statute Name | Statutory language | Level of offense | Definition of ability to pay | Timeline | Burden of proof | Method of determination | Mandatory | Remedies if unable to pay | |
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Wisconsin | Wis. Stat. § 977.06 | Determination of Indigence |
(1) DUTIES. The state public defender shall determine whether persons are indigent and shall establish a system to do all of the following:
(a) Verify the information necessary to determine indigence + See moreunder rules promulgated under s. 977.02 (3). The information provided by a person seeking assigned counsel that is subject to
verification shall include any social security numbers provided on an application under sub. (1m), income records, value of assets, eligibility for public assistance, and claims of expenses.
(b) Redetermine indigence during the course of representation
of persons receiving representation.
(c) Record the amount of time spent on each case by the attorney appointed under s. 977.08. (d) Collect for the cost of representation from persons who are indigent in part or who have been otherwise determined to be able to reimburse the state public defender for the cost of providing
counsel.
(1m) APPLICATION FOR REPRESENTATION. The state public defender shall request each person seeking to have counsel assigned for him or her under s. 977.08, other than a child who is
entitled to be represented by counsel under s. 48.23 or 938.23, to provide the state public defender with his or her social security number and the social security numbers of his or her spouse an dependent children, if any.
(2) VERIFICATIONS. (a) A person seeking to have counsel assigned for him or her under s. 977.08, other than a person who is entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, shall sign a statement declaring that he or she has not disposed of any assets for the purpose of qualifying for that assignment of counsel. If the representative or authority making the indigence determination finds that any asset was disposed of for less than its fair market value for the purpose of obtaining that assignment of counsel, the asset shall be counted under rules promulgated under s. 977.02 (3) at its fair market value at the time it was disposed of, minus the amount of compensation received for the asset.
(am) A person seeking to have counsel assigned for him or her under s. 977.08, other than a person who is entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, shall sign a statement declaring that the information that he or she has given to determine eligibility for assignment of counsel he or she believes to be true and that he or she is informed that he or she is subject to the penalty under par. (b).
(b) A person who makes a false representation that he or she does not believe is true for purposes of qualifying for assignment of counsel is guilty of a Class I felony.
(3) REDETERMINATIONS. (a) Unless the court has made an adjustment under s. 973.06 (1) (e), upon determination at the conclusion of a case that a persons financial circumstances are changed, the state public defender may adjust the amount of payment for counsel.
(b) The state public defender may petition a court that ordered
payment under s. 757.66, 973.06 (1) (e) or 977.076 (1) to modify
an order or judgment to adjust the amount of payment or the
scheduled amounts at any time.
(c) Except as provided in ss. 48.275 (2) (b) and 938.275 (2) (b),
an adjustment under this subsection shall be based on the persons
ability to pay and on the fee schedule established by the board
under s. 977.075 (3).
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All |
Unspecified |
At defendant's request before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | No |
Public defender services are funded 100% through the state of Wisconsin. KNOW YOUR STATE, SIXTH AMENDMENT CTR. (Last visited Jan. 29, 2017), http://sixthamendment.org/state-indigent-defense-systems/ . |
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