reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 976 - Uniform acts in criminal proceedings. › 976.07 - Agreements on extradition; Indian tribes.

976.07
Agreements on extradition; Indian tribes.
(1)
The attorney general may negotiate an agreement with any Indian tribe within the borders of this state exercising powers of self-government within the Indian country as defined in 18 USC 1151 to which this state has retroceded jurisdiction under 25 USC 1323, relating to the extradition of witnesses, fugitives and evidence found within the respective jurisdictions of this state and the tribe.
(2)
An agreement negotiated under sub. (1) shall provide that a court of the sending jurisdiction, before issuing an order for the extradition of any person, shall:
(a)
Notify the person named in the extradition warrant of the right to a hearing and to legal counsel.
(b)
Hold a hearing to determine:
1.
That the person named in the warrant is the person charged with the crime or is the witness demanded.
2.
That there is probable cause to believe that the person named in a criminal extradition warrant was present in the demanding jurisdiction at the time of the alleged crime or that the person committed an act in any place with intent to commit a crime in the demanding jurisdiction.
(c)
If the person contests the legality of his or her arrest, allow a reasonable time within which the person may commence an action for habeas corpus.
(3)
The attorney general shall submit agreements negotiated under sub. (1) to the governor for approval. The governor shall have 30 days in which to review the agreement. If the governor takes no action within 30 days, the agreement becomes effective.
(4)
The attorney general shall provide technical assistance and material support necessary to implement any agreement under this section.
(5)
An agreement under this section may be revoked by the governor, after consulting with the attorney general, or by the tribal chairperson upon 6 months' written notice to the other party unless a different period of time is specified in the agreement.
(6)
This section does not:
(a)
Enlarge the criminal or civil jurisdiction of either the state or a tribal government under federal law.
(b)
Permit an Indian tribe to enter into agreements other than those authorized by its organizational documents and laws.
(c)
Permit this state or any of its political subdivisions to enter into agreements prohibited by the state constitution.
History:  1981 c. 368, 391.
2023 Wisconsin Statutes & Annotations › Chapter 976 - Uniform acts in criminal proceedings. › 976.08 - Additional applicability.

976.08
Additional applicability.
In this chapter, “prisoner" includes any person subject to an order under s. 938.183 who is confined to a Wisconsin state prison.
History:  1987 a. 27; 1995 a. 77; 2005 a. 344; 2013 a. 334.
2023 Wisconsin Statutes & Annotations › Chapter 977 - State public defender. › 977.01 - Definitions.

977.01
Definitions.
In this chapter, unless the context requires otherwise:
(1)
“Board" means the public defender board.
(2)
“Public assistance" means relief provided by counties under s. 59.53 (21), Wisconsin works under ss. 49.141 to 49.161, medical assistance under subch. IV of ch. 49, low-income energy assistance under s. 16.27, weatherization assistance under s. 16.26, and the food stamp program under 7 USC 2011 to 2029.
History:  1977 c. 29; 2003 a. 33 ss. 1913, 2776, 2777.
2023 Wisconsin Statutes & Annotations › Chapter 977 - State public defender. › 977.03 - Board; powers.

977.03
Board; powers.
(1)
The board may remove the state public defender pursuant to the procedure under s. 977.05 (2). The board may enter into contracts with federal governmental agencies and local public defender organizations for the provision of legal services under this chapter.
(2)
The board may promulgate rules to establish exceptions to limiting the amount that may be reimbursed for investigative or expert services under s. 977.05 (4r).
(2m)
The board may promulgate rules that establish procedures to collect payment ordered under s. 48.275 (2), 757.66, 938.275 (2), 973.06 (1) (e) or 977.076 (1) from a prisoner's prison financial account.
(3)
The state public defender may establish procedures by rule under which the state public defender may appoint attorneys without regard to s. 977.08 (3) (c) and (d) based on the state public defender's evaluation of the attorneys' performance.
History:  1977 c. 29; 1991 a. 269; 1993 a. 437; 1995 a. 27, 77.
2023 Wisconsin Statutes & Annotations › Chapter 977 - State public defender. › 977.075 - Payment for legal representation.

977.075
Payment for legal representation.
(1g)
In this section, “client responsible for payment" means a client of the state public defender other than a client entitled to legal representation without a determination of indigency.
(3)
The board shall establish by rule a fee schedule that sets the amount that a client responsible for payment shall pay for the cost of the legal representation if the client does not pay the applicable discount fee under sub. (3m). The schedule shall establish a fee for a given type of case, and the fee for a given type of case shall be based on the average cost, as determined by the board, for representation for that type of case.
(3m)
The board shall establish by rule a fee schedule that sets the discount amount that a client responsible for payment may pay during a time period established by rule instead of paying the applicable fee under sub. (3). The fee schedule shall establish a discount fee for each type of case included in the schedule under sub. (3). If a client responsible for payment pays the applicable discount fee within the time period established under this section, the client may not be held liable for any additional payment for counsel.
(4)
The board shall establish by rule a fee schedule that sets the maximum amount that a parent subject to s. 48.275 (2) (b) or 938.275 (2) (b) shall pay as reimbursement for legal services and sets the maximum amount that a person subject to s. 51.605, 55.107, or 980.0305 shall pay as reimbursement for legal services. The maximum amounts under this subsection shall be based on the average cost, as determined by the board, for each applicable type of case.
History:  1995 a. 27, 77; 2005 a. 129; 2007 a. 20; 2017 a. 184.
2023 Wisconsin Statutes & Annotations › Chapter 977 - State public defender. › 977.076 - Collections.

977.076
Collections.
(1)
If the state public defender notifies the court in which the underlying action was filed that a person who is required to reimburse the state public defender for legal representation has failed to make the required payment or to timely make periodic payments, the court may issue a judgment on behalf of the state for the unpaid balance and direct the clerk of circuit court to file and docket a transcript of the judgment, without fee. If the court issues a judgment for the unpaid balance, the court shall send a notice to the person at his or her last-known address that a civil judgment has been issued for the unpaid balance. The judgment has the same force and effect as judgments issued under s. 806.10. Except as provided in ss. 48.275 (2) (b) and 938.275 (2) (b), the judgment shall be based on the person's ability to pay and on the fee schedule established by the board under s. 977.075 (3).
(2)
The department of administration may collect unpaid reimbursement payments to the state public defender ordered by a court under sub. (1) or s. 48.275 (2), 757.66, 938.275 (2) (a) or 973.06 (1) (e). The department may contract with a private collection agency to collect these payments. Section 16.705 does not apply to a contract under this subsection.
History:  1995 a. 27, 77, 352, 417; 1997 a. 35.
2023 Wisconsin Statutes & Annotations › Chapter 977 - State public defender. › 977.077 - Deposit of payments received.

977.077
Deposit of payments received.
Payments for services provided by the state public defender or other counsel under this chapter that are received pursuant to s. 977.07, 977.075 or 977.076 shall be deposited in the state treasury and credited to the appropriation under s. 20.550 (1) (L).
History:  1995 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 977 - State public defender. › 977.085 - Quarterly report procedure.

977.085
Quarterly report procedure.
(1)
The board shall provide quarterly reports to the department of administration and the joint committee on finance regarding all of the following:
(a)
Private bar and staff case loads at the trial and appellate levels and expenditures of moneys under s. 20.550 (1) (a) for the current fiscal year.
(b)
Projections for the private bar and staff case loads at the trial and appellate levels and for expenditures of moneys under s. 20.550 (1) (a) for the remainder of the current fiscal year and for the next fiscal year.
(c)
In all of the quarterly reports for fiscal years 1995-96 and 1996-97, information regarding the status of contracting under s. 977.08 (3) (f) and in the first 2 quarterly reports for fiscal year 1997-98, including information showing the cost savings achieved through the contracting.
(1m)
The projections under sub. (1) (b) shall include the number of cases projected to be assigned to the private bar and the number of cases for which reimbursement will be made under s. 20.550 (1) (a).
(2)
If the projections under sub. (1) (b) indicate that moneys are being expended under s. 20.550 (1) (a) at a rate which will deplete the appropriation prior to the end of the current fiscal year, the board shall include in the report a plan to address the problem. The plan shall include proposals for one or more of the following:
(a)
Agency actions, including whether the reduced payment rates established by rules promulgated under s. 977.02 (7r) (a) will be put into effect.
(b)
Requests for appropriation changes under s. 13.101.
(c)
Legislation.
(3)
The board shall provide quarterly reports to the joint committee on finance on the status of reimbursement for or recoupment of payments under ss. 48.275, 51.605, 55.107, 757.66, 938.275, 977.06, 977.075, 977.076, and 980.0305, including the amount of revenue generated by reimbursement and recoupment. The quarterly reports shall include any alternative means suggested by the board to improve reimbursement and recoupment procedures and to increase the amount of revenue generated. The department of justice, district attorneys, circuit courts and applicable county agencies shall cooperate by providing any necessary information to the state public defender.
History:  1987 a. 27; 1989 a. 31; 1993 a. 16; 1995 a. 27 ss. 7289, 7290p; 1995 a. 77; 2007 a. 20; 2009 a. 164; 2017 a. 59, 184.
2023 Wisconsin Statutes & Annotations › Chapter 977 - State public defender. › 977.09 - Confidentiality of files.

977.09
Confidentiality of files.
The files maintained by the office of the state public defender which relate to the handling of any case shall be considered confidential and shall not be open to inspection by any person unless authorized by law, court order, the board or the state public defender.
History:  1977 c. 29.
2023 Wisconsin Statutes & Annotations › Chapter 978 - District attorneys. › 978.001 - Definitions.

978.001
Definitions.
In this chapter:
(1g)
“Law firm" means a private firm of attorneys, the legal department of a governmental unit or agency, a corporation or another organization or a legal services organization.
(1p)
“Prosecution system" means all of the prosecutorial units.
(2)
“Prosecutorial unit" means a prosecutorial unit described in s. 978.01 (1).
History:  1989 a. 31; 1991 a. 188.
2023 Wisconsin Statutes & Annotations › Chapter 978 - District attorneys. › 978.01 - Number of district attorneys; election; term.

978.01
Number of district attorneys; election; term.
(1)
There shall be 71 district attorneys elected for full terms at the general election held in 2008 and quadrennially thereafter. The regular term of office for each district attorney is 4 years, commencing on the first Monday of January next succeeding his or her election. Each county is a prosecutorial unit and shall elect a district attorney, except that Shawano and Menominee counties form one 2-county prosecutorial unit and shall elect a single district attorney by the combined electorate of the 2 counties.
(2)
(a)
Except as provided in par. (b), each district attorney serves on a full-time basis.
(b)
A district attorney serves on a part-time basis if his or her prosecutorial unit consists of Buffalo, Florence, or Pepin county.
History:  1989 a. 31 ss. 2900, 2900c; 1991 a. 39; 1999 a. 9; 2007 a. 20, 158.
2023 Wisconsin Statutes & Annotations › Chapter 978 - District attorneys. › 978.02 - Eligibility for office.

978.02
Eligibility for office.
No person is eligible to hold the office of district attorney unless he or she is licensed to practice law in this state and resides in the prosecutorial unit from which he or she was elected.
History:  1989 a. 31.
An entity characterized as the “office of the district attorney" or “district attorney", separate from the elected official, does not have authority to sue or be sued. Buchanan v. City of Kenosha, 57 F. Supp. 2d 675 (1999).
2023 Wisconsin Statutes & Annotations › Chapter 978 - District attorneys. › 978.03 - Deputies and assistants in certain prosecutorial units.

978.03
Deputies and assistants in certain prosecutorial units.
(1)
The district attorney of any prosecutorial unit having a population of 750,000 or more may appoint 7 deputy district attorneys and such assistant district attorneys as may be requested by the department of administration and authorized in accordance with s. 16.505. The district attorney shall rank the deputy district attorneys for purposes of carrying out duties under this section. The deputies, according to rank, may perform any duty of the district attorney, under the district attorney's direction. In the absence or disability of the district attorney, the deputies, according to rank, may perform any act required by law to be performed by the district attorney. Any such deputy must have practiced law in this state for at least 2 years prior to appointment under this section.
(1m)
The district attorney of any prosecutorial unit having a population of 200,000 or more but less than 750,000 may appoint 3 deputy district attorneys and such assistant district attorneys as may be requested by the department of administration and authorized in accordance with s. 16.505. The district attorney shall rank the deputy district attorneys for purposes of carrying out duties under this section. The deputies, according to rank, may perform any duty of the district attorney, under the district attorney's direction. In the absence or disability of the district attorney, the deputies, according to rank, may perform any act required by law to be performed by the district attorney. Any such deputy must have practiced law in this state for at least 2 years prior to appointment under this section.
(2)
The district attorney of any prosecutorial unit having a population of 100,000 or more but not more than 199,999 may appoint one deputy district attorney and such assistant district attorneys as may be requested by the department of administration and authorized in accordance with s. 16.505. The deputy may perform any duty of the district attorney, under the district attorney's direction. In the absence or disability of the district attorney, the deputy may perform any act required by law to be performed by the district attorney. The deputy must have practiced law in this state for at least 2 years prior to appointment under this section.
(3)
Any assistant district attorney under sub. (1), (1m), or (2) must be an attorney admitted to practice law in this state and, except as provided in s. 978.043 (1), may perform any duty required by law to be performed by the district attorney. The district attorney of the prosecutorial unit under sub. (1), (1m), or (2) may appoint such temporary counsel as may be authorized by the department of administration.
History:  1989 a. 31; 1991 a. 39; 1999 a. 9; 2001 a. 16; 2005 a. 25, 434; 2015 a. 55; 2017 a. 207 ss. 4, 5.
2023 Wisconsin Statutes & Annotations › Chapter 978 - District attorneys. › 978.04 - Assistants in certain prosecutorial units.

978.04
Assistants in certain prosecutorial units.
The district attorney of any prosecutorial unit having a population of less than 100,000 may appoint one or more assistant district attorneys as necessary to carry out the duties of his or her office and as may be requested by the department of administration authorized in accordance with s. 16.505. Any such assistant district attorney must be an attorney admitted to practice law in this state and, except as provided in s. 978.043 (1), may perform any duty required by law to be performed by the district attorney.
History:  1989 a. 31; 1999 a. 9; 2005 a. 434.
2023 Wisconsin Statutes & Annotations › Chapter 978 - District attorneys. › 978.041 - Population estimates of prosecutorial units.

978.041
Population estimates of prosecutorial units.
In ss. 978.03 and 978.04, the population of a prosecutorial unit is the population estimate for the unit as last determined by the department of administration under s. 16.96.
History:  1993 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 978 - District attorneys. › 978.043 - Assistants for prosecution of sexually violent person commitment cases.

978.043
Assistants for prosecution of sexually violent person commitment cases.
(1)
The district attorney of the prosecutorial unit that consists of Brown County and the district attorney of the prosecutorial unit that consists of Milwaukee County shall each assign one assistant district attorney in his or her prosecutorial unit to be a sexually violent person commitment prosecutor. An assistant district attorney assigned under this subsection to be a sexually violent person commitment prosecutor may engage only in the prosecution of sexually violent person commitment proceedings under ch. 980 and, at the request of the district attorney of the prosecutorial unit, may file and prosecute sexually violent person commitment proceedings under ch. 980 in any prosecutorial unit in this state.
(2)
If an assistant district attorney assigned under sub. (1) prosecutes or assists in the prosecution of a case under ch. 980 in a prosecutorial unit other than his or her own, the prosecutorial unit in which the case is heard shall reimburse the assistant district attorney's own prosecutorial unit for his or her reasonable costs associated with the prosecution, including transportation, lodging, and meals. Unless otherwise agreed upon by the prosecutorial units involved, the court hearing the case shall determine the amount of money to be reimbursed for expert witness fees under this subsection.
History:  1999 a. 9; 2005 a. 434.
2023 Wisconsin Statutes & Annotations › Chapter 978 - District attorneys. › 978.047 - Investigators; police powers.

978.047
Investigators; police powers.
The district attorney of any county may appoint such investigators as are authorized by the county board, and the county board may abolish the positions at its pleasure. The investigators when so appointed have general police powers within the county.
History:  1989 a. 117; 1993 a. 51.
2023 Wisconsin Statutes & Annotations › Chapter 978 - District attorneys. › 978.06 - Restriction on district attorney.

978.06
Restriction on district attorney.
(1)
No district attorney, deputy district attorney or assistant district attorney may receive any fee or reward from or on behalf of any prosecutor or any other individual for services in any prosecution or business to which it is the district attorney's official duty to attend.
(2)
No district attorney, deputy district attorney or assistant district attorney may be concerned as attorney or counsel for either party, other than for the state or county, in any civil action depending upon the same state of facts upon which any criminal prosecution commenced but undetermined depends.
(3)
(a)
No district attorney, deputy district attorney or assistant district attorney while in office may hold any judicial office. No full-time district attorney, deputy district attorney or assistant district attorney may hold the office of or act as corporation counsel or city, village or town attorney. A part-time district attorney, deputy district attorney or assistant district attorney may hold the office of or act as corporation counsel or city, village or town attorney or otherwise serve as legal counsel to any governmental unit.
(b)
Notwithstanding par. (a), if a district attorney, deputy district attorney or assistant district attorney holds a judicial office on January 1, 1990, he or she may continue to hold that office until January 1, 1993.
(4)
No person who acted as district attorney, deputy district attorney or assistant district attorney, or special prosecutor under s. 978.045, for a county at the time of an arrest, examination or indictment of any person charged with a crime in that county may thereafter appear for, or defend that person against the crime charged in the complaint, information or indictment.
(5)
(a)
No full-time district attorney, deputy district attorney or assistant district attorney may engage in a private practice of law, but he or she is authorized to complete all civil cases, not in conflict with the interest of the county or counties of his or her prosecutorial unit, in which he or she is counsel, pending in court before he or she takes office. A part-time district attorney, deputy district attorney or assistant district attorney may engage in a private practice of law.
(b)
Notwithstanding par. (a), if a full-time district attorney, deputy district attorney or assistant district attorney has a contractual obligation on January 1, 1990, to provide legal services, he or she may continue to provide those services until January 1, 1993. The services provided may not be in conflict with the interest of the county or counties of his or her prosecutorial unit.
(6)
No district attorney, deputy district attorney or assistant district attorney may appear in a civil action or proceeding under s. 49.22 (7), 59.53 (5), 767.205 (2), 767.501 or 767.80 or ch. 769.
History:  1989 a. 31, 117; 1991 a. 39; 1993 a. 326; 1995 a. 201, 404; 1997 a. 35; 2005 a. 443 s. 265.
2023 Wisconsin Statutes & Annotations › Chapter 978 - District attorneys. › 978.07 - Obsolete district attorney records.

978.07
Obsolete district attorney records.
(1)
Whenever necessary to gain needed vault and filing space, a district attorney may destroy, subject to sub. (2), obsolete records in his or her custody as follows:
(a)
Any district attorney record, after it has first been microfilmed or transferred to optical disc or electronic storage and preserved in accordance with s. 16.61.
(b)
Any case record of a traffic, misdemeanor, civil or related case, 3 years after commencement of the action.
(c)
1.
Any case record of a felony punishable by life imprisonment or a related case, after the defendant's parole eligibility date under s. 304.06 (1) or 973.014 (1) or date of eligibility for release to extended supervision under s. 973.014 (1g) (a) 1. or 2., whichever is applicable, or 50 years after the commencement of the action, whichever occurs later. If there is no parole eligibility date or no date for release to extended supervision, the district attorney may destroy the case record after the defendant's death.
2.
Any case record of a felony punishable by a maximum period of imprisonment equal to at least 20 years or a related case, after the mandatory release date established under s. 302.11 (1) or the presumptive mandatory release date established under s. 302.11 (1g), if applicable, of any person convicted of that felony or 20 years after commencement of the action, whichever is later.
3.
Except as provided in subds. 1. and 2., any case record of a felony or related case, after the mandatory release date established under s. 302.11 (1) or the presumptive mandatory release date established under s. 302.11 (1g), if applicable, of any person convicted of that felony or 10 years after the commencement of the action, whichever is later.
(d)
Any other district attorney record not included under pars. (a) to (c) made or received in connection with a transaction as evidence of a district attorney's activities or functions, after 6 years.
(2)
Prior to destruction of records under sub. (1), the district attorney for a prosecutorial unit with a population of less than 750,000 shall make a written offer to the historical society under s. 44.09. If the offer is accepted by the society within 60 days after the day the offer is made, the district attorney shall transfer the title to those records to the historical society. If the offer is not accepted within 60 days after the day the offer is made, the district attorney may destroy the records.
History:  1991 a. 39 ss. 1618 to 1621, 3678 to 3682; 1993 a. 172, 194, 289; 1995 a. 27; 1997 a. 283; 2015 a. 196; 2017 a. 207 s. 5.
2023 Wisconsin Statutes & Annotations › Chapter 978 - District attorneys. › 978.08 - Preservation of certain evidence.

978.08
Preservation of certain evidence.
(1)
In this section:
(a)
“Custody" has the meaning given in s. 968.205 (1) (a).
(b)
“Discharge date" has the meaning given in s. 968.205 (1) (b).
(2)
Except as provided in sub. (3), if physical evidence that is in the possession of a district attorney includes any biological material that was collected in connection with a criminal investigation that resulted in a criminal conviction, delinquency adjudication, or commitment under s. 971.17 or 980.06 and the biological material is from a victim of the offense that was the subject of the criminal investigation or may reasonably be used to incriminate or exculpate any person for the offense, the district attorney shall preserve the physical evidence until every person in custody as a result of the conviction, adjudication, or commitment has reached his or her discharge date.
(2m)
A district attorney shall retain evidence to which sub. (2) applies in an amount and manner sufficient to develop a deoxyribonucleic acid profile, as defined in s. 939.74 (2d) (a), from the biological material contained in or included on the evidence.
(3)
Subject to sub. (5), a district attorney may destroy evidence that includes biological material before the expiration of the time period specified in sub. (2) if all of the following apply:
(a)
The district attorney sends a notice of its intent to destroy the evidence to all persons who remain in custody as a result of the criminal conviction, delinquency adjudication, or commitment and to either the attorney of record for each person in custody or the state public defender.
(b)
No person who is notified under par. (a) does either of the following within 90 days after the date on which the person received the notice:
1.
Files a motion for testing of the evidence under s. 974.07 (2).
2.
Submits a written request for retention of the evidence to the district attorney.
(c)
No other provision of federal or state law requires the district attorney to retain the evidence.
(4)
A notice provided under sub. (3) (a) shall clearly inform the recipient that the evidence will be destroyed unless, within 90 days after the date on which the person receives the notice, either a motion for testing of the evidence is filed under s. 974.07 (2) or a written request for retention of the evidence is submitted to the district attorney.
(5)
If, after providing notice under sub. (3) (a) of its intent to destroy evidence, a district attorney receives a written request for retention of the evidence, the district attorney shall retain the evidence until the discharge date of the person who made the request or on whose behalf the request was made, subject to a court order issued under s. 974.07 (7), (9) (a), or (10) (a) 5., unless the court orders destruction or transfer of the evidence under s. 974.07 (9) (b) or (10) (a) 5.
History:  2001 a. 16; 2005 a. 60.
2023 Wisconsin Statutes & Annotations › Chapter 979 - Investigation of deaths. › 979.012 - Reporting deaths of public health concern.

979.012
Reporting deaths of public health concern.
(1)
If a coroner or medical examiner is aware of the death of a person who, at the time of his or her death, had an illness or a health condition that satisfies s. 323.02 (16) (a) or if the coroner or medical examiner knows or suspects that the person had a communicable disease that, under rules promulgated by the department of health services, must be reported to a local health officer or to the state epidemiologist, the coroner or medical examiner shall report the illness, health condition, or communicable disease to the department of health services and to the local health department, as defined in s. 250.01 (4), in whose jurisdiction the coroner or medical examiner is located in writing or by electronic transmission within 24 hours of learning of the deceased's illness, health condition, or communicable disease.
(2)
In a report under sub. (1), the coroner or medical examiner shall include all of the following information if such information is available:
(a)
The illness, health condition, or communicable disease of the deceased.
(b)
The name, date of birth, gender, race, occupation, and home and work addresses of the deceased.
(c)
The name and address of the coroner or medical examiner.
(d)
If the illness, health condition, or communicable disease was related to an animal or insect bite, the suspected location where the bite occurred and the name and address of the owner of the animal or insect, if an owner is identified.
History:  2001 a. 109; 2005 a. 198; 2007 a. 20 s. 9121 (6) (a); 2009 a. 42.
2023 Wisconsin Statutes & Annotations › Chapter 979 - Investigation of deaths. › 979.015 - Subpoena for documents.

979.015
Subpoena for documents.
Upon the request of the coroner, medical examiner or district attorney, a court shall issue a subpoena requiring the production of documents necessary for the determination of a decedent's cause of death. The documents may include the decedent's patient health care records and treatment records, as defined in ss. 51.30 and 146.81 (4). The documents shall be returnable to the officer named in the subpoena.
History:  1983 a. 279.
2023 Wisconsin Statutes & Annotations › Chapter 979 - Investigation of deaths. › 979.02 - Autopsies.

979.02
Autopsies.
The coroner, medical examiner or district attorney may order the conducting of an autopsy upon the body of a dead person any place within the state in cases where an inquest might be had as provided in s. 979.04 notwithstanding the fact that no such inquest is ordered or conducted. The autopsy shall be conducted by a licensed physician who has specialized training in pathology. The district attorney may move the circuit court for the county in which the body is buried for an order disinterring the body for purposes of autopsy. The order shall be granted by the circuit court upon a reasonable showing that any of the criteria specified in s. 979.04 exists. This section does not prevent additional autopsies or examinations of the body if there are unanswered pathological questions concerning the death and the causes of death.
History:  1983 a. 279 s. 12; Stats. 1983 s. 979.02.
2023 Wisconsin Statutes & Annotations › Chapter 979 - Investigation of deaths. › 979.025 - Autopsy of correctional inmate.

979.025
Autopsy of correctional inmate.
(1)
Inmate confined to an institution in this state. If an individual dies while he or she is in the legal custody of the department and confined to a correctional facility located in this state, the coroner or medical examiner of the county where the death occurred shall perform an autopsy on the deceased individual. If the coroner or medical examiner who performs the autopsy determines that the individual's death may have been the result of any of the situations that would permit the district attorney to order an inquest under s. 979.04 (1), the coroner or medical examiner shall follow the procedures under s. 979.04 (2).
(2)
Inmate confined in an institution in another state. If an individual dies while he or she is in the legal custody of the department and confined to a correctional facility in another state under a contract under s. 301.07, 301.21, or 302.25, the department shall have an autopsy performed by an appropriate authority in the other state or by the coroner or medical examiner of the county in which the circuit court is located that sentenced the individual to the custody of the department. If the coroner or medical examiner who performs the autopsy in this state determines that the individual's death may have been the result of any of the situations that would permit the district attorney to order an inquest under s. 979.04 (1), the coroner or medical examiner shall forward the results of the autopsy to the appropriate authority in the other state.
(3)
Costs of an autopsy. The costs of an autopsy performed under sub. (1) or (2) shall be paid by the department.
History:  2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 979 - Investigation of deaths. › 979.03 - Autopsy for sudden infant death syndrome.

979.03
Autopsy for sudden infant death syndrome.
If a child under the age of 2 years dies suddenly and unexpectedly under circumstances indicating that the death may have been caused by sudden infant death syndrome, the coroner or medical examiner shall notify the child's parents or guardian that an autopsy will be performed, at no cost to the parents or guardian, unless the parents or guardian object to the autopsy. The coroner or medical examiner shall conduct or shall order the conducting of an autopsy at county expense, unless parent or guardian requests in writing that an autopsy not be performed. If the autopsy reveals that sudden infant death syndrome is the cause of death, that fact shall be so stated in the autopsy report. The parents or guardian of the child shall be promptly notified of the cause of death and of the availability of counseling services.
History:  1977 c. 246; 1983 a. 279 s. 13; Stats. 1983 s. 979.03.
Only when a coroner has no reason to believe that a death was caused by circumstances under s. 979.01 [now s. 979.04] other than sudden infant death syndrome does a written objection under s. 979.125 [now s. 979.03] bar an autopsy under s. 979.121 [now s. 979.02]. 68 Atty. Gen. 55.
2023 Wisconsin Statutes & Annotations › Chapter 979 - Investigation of deaths. › 979.04 - Inquests: when called.

979.04
Inquests: when called.
(1)
If the district attorney has notice of the death of any person and there is reason to believe from the circumstances surrounding the death that felony murder, first-degree or 2nd-degree intentional homicide, first-degree or 2nd-degree reckless homicide, homicide by negligent handling of dangerous weapon, explosives or fire, homicide by negligent operation of vehicle, homicide resulting from negligent control of a vicious animal or homicide by intoxicated user of a vehicle or firearm may have been committed, or that death may have been due to suicide or unexplained or suspicious circumstances, the district attorney may order that an inquest be conducted for the purpose of inquiring how the person died. The district attorney shall appear in any such inquest representing the state in presenting all evidence which may be relevant or material to the inquiry of the inquest. The inquest may be held in any county in this state in which venue would lie for the trial of any offense charged as the result of or involving the death. An inquest may only be ordered by the district attorney under this subsection or by the circuit judge under sub. (2).
(2)
If the coroner or medical examiner has knowledge of the death of any person in the manner described under sub. (1), he or she shall immediately notify the district attorney. The notification shall include information concerning the circumstances surrounding the death. The coroner or medical examiner may request the district attorney to order an inquest under sub. (1). If the district attorney refuses to order the inquest, a coroner or medical examiner may petition the circuit court to order an inquest. The court may issue the order if it finds that the district attorney has abused his or her discretion in not ordering an inquest.
(3)
Subsequent to receipt of notice of the death, the district attorney may request the coroner or medical examiner to conduct a preliminary investigation and report back to the district attorney. The district attorney may determine the scope of the preliminary investigation. This subsection does not limit or prevent any other investigation into the death by any law enforcement agency with jurisdiction over the investigation.
History:  1983 a. 279; 1985 a. 135; 1987 a. 399.
2023 Wisconsin Statutes & Annotations › Chapter 979 - Investigation of deaths. › 979.06 - Inquests: witnesses.

979.06
Inquests: witnesses.
(1)
The judge or circuit court commissioner may issue subpoenas for witnesses at the request of the coroner or medical examiner and shall issue subpoenas for witnesses requested by the district attorney. Subpoenas are returnable at the time and place stated therein. Persons who are served with a subpoena may be compelled to attend proceedings in the manner provided in s. 885.12.
(2)
The judge or circuit court commissioner conducting the inquest and the district attorney may require by subpoena the attendance of one or more expert witnesses, including physicians, surgeons and pathologists, for the purposes of conducting an examination of the body and all relevant and material scientific and medical tests connected with the examination and testifying as to the results of the examination and tests. The expert witnesses so subpoenaed shall receive reasonable fees determined by the district attorney and the judge or circuit court commissioner conducting the inquest.
(3)
Any witness examined at an inquest may have counsel present during the examination of that witness. The counsel may not examine or cross-examine his or her client, cross-examine or call other witnesses or argue before the judge or circuit court commissioner holding the inquest.
(4)
The judge or circuit court commissioner shall administer an oath or affirmation to each witness which shall be substantially in the following form:
You do solemnly swear (affirm) that the evidence and testimony you give to this inquest concerning the death of the person known as .... .... shall be the truth, the whole truth and nothing but the truth.
(5)
The judge or circuit court commissioner conducting the inquest shall cause the testimony given by all witnesses to be reduced to writing or recorded and may employ stenographers to take and transcribe all of the testimony. The stenographer shall receive reimbursement at a reasonable rate for each appearance and transcription at rates in accordance with the customary charges in the area for similar services.
(6)
Inquest witnesses shall receive the same compensation as witnesses in circuit court under s. 814.67.
History:  1983 a. 279; 2001 a. 61.
2023 Wisconsin Statutes & Annotations › Chapter 979 - Investigation of deaths. › 979.07 - Incriminating testimony compelled; immunity.

979.07
Incriminating testimony compelled; immunity.
(1)
(a)
If a person refuses to testify or to produce books, papers or documents when required to do so before an inquest for the reason that the testimony or evidence required of the person may tend to incriminate him or her or subject him or her to a forfeiture or penalty, the person may be compelled to testify or produce the evidence by order of the circuit court of the county in which the inquest is convened on motion of the district attorney. A person who testifies or produces evidence in obedience to the command of the court in that case is not subject to any forfeiture or penalty for or on account of testifying or producing evidence, except the person is subject to prosecution and punishment for perjury or false swearing committed in so testifying.
(b)
The immunity provided under par. (a) is subject to the restrictions under s. 972.085.
(2)
If a witness appearing before an inquest fails or refuses without just cause to comply with an order of the court under this section to give testimony in response to a question or with respect to any matter, the court, upon the failure or refusal or when the failure or refusal is duly brought to its attention, may punish the witness for contempt under ch. 785.
History:  1983 a. 279; 1989 a. 122.
2023 Wisconsin Statutes & Annotations › Chapter 979 - Investigation of deaths. › 979.08 - Inquests: instructions, burden of proof and verdict.

979.08
Inquests: instructions, burden of proof and verdict.
(1)
When the evidence is concluded and the testimony closed, the judge or circuit court commissioner shall instruct the jury on its duties and on the substantive law regarding the issues inquired into before the jury. The district attorney shall prepare a written set of appropriate requested instructions and shall submit them to the judge or circuit court commissioner who, together with the district attorney, shall compile the final set of instructions which shall be given. The instructions shall include those criminal offenses for which the judge or circuit court commissioner believes a reasonable jury might return a verdict based upon a finding of probable cause.
(2)
The jury's verdict shall be based upon a finding of probable cause and shall be unanimous.
(3)
The jury shall retire to consider its verdict after hearing all of the testimony and evidence, making all necessary inquiries and having been instructed in the law. The judge or circuit court commissioner shall provide the jury with one complete set of written instructions providing the substantive law to be applied to the issues to be decided. The verdict shall be in a form which permits the following findings:
(a)
Whether the deceased came to his or her death by criminal means and, if so, the specific crimes committed and the name of the person or persons, if known, having committed the crimes.
(b)
Whether the deceased came to his or her death by natural causes, accident, suicide or an act privileged by law.
(4)
The jury shall render its verdict in writing, signed by all of its members. The verdict shall set forth its findings from the evidence produced according to the instructions.
(5)
The verdict delivered by the inquest jury is advisory and does not preclude or require the issuance of any criminal charges by the district attorney.
(6)
Any verdict so rendered, after being validated and signed by the judge or circuit court commissioner, together with the record of the inquest, shall be delivered to the district attorney for consideration. After considering the verdict and record, the district attorney may deliver the entire inquest record or any part thereof to the coroner or medical examiner for safekeeping.
(7)
The record of a secret inquest proceeding shall not be open for inspection unless so ordered by the judge or circuit court commissioner conducting the inquest upon petition by the district attorney.
History:  1983 a. 279; 2001 a. 61.
2023 Wisconsin Statutes & Annotations › Chapter 979 - Investigation of deaths. › 979.09 - Burial of body.

979.09
Burial of body.
If any judge or circuit court commissioner conducts an inquest as to the death of a stranger or of a person whose identity is unknown or whose body is unclaimed or if the district attorney determines that no inquest into the death of such a person is necessary and the circuit judge has not ordered an inquest under s. 979.04 (2), the coroner or medical examiner shall cause the body to be decently buried or cremated and shall certify to all the charges incurred in taking any inquest by him or her and to the expenses of burial or cremation of the dead body. The charges and expenses shall be audited by the county board of the proper county and paid out of the county treasury.
History:  1983 a. 279 s. 14; Stats. 1983 s. 979.09; 2001 a. 61.
2023 Wisconsin Statutes & Annotations › Chapter 979 - Investigation of deaths. › 979.11 - Compensation of officers.

979.11
Compensation of officers.
The sole compensation of the coroner and deputy coroners for attendance at an inquest and for any preliminary investigation under this chapter at the direction of the district attorney shall be a reasonable sum set by the county board for each day actually and necessarily required for the purpose, and a sum set by the county board for each mile actually and necessarily traveled in performing the duty. Any coroner or deputy coroner may be paid an annual salary and allowance for traveling expenses to be established by the county board under s. 59.22 which shall be in lieu of all fees, per diem and compensation for services rendered.
History:  1975 c. 294; 1977 c. 187 s. 135; 1977 c. 449 s. 497; 1983 a. 279 s. 15; Stats. 1983 s. 979.11; 1995 a. 201.
2023 Wisconsin Statutes & Annotations › Chapter 979 - Investigation of deaths. › 979.12 - Fees for morgue services.

979.12
Fees for morgue services.
A county board may establish a fee for the retention of a body at the morgue after the first day, not to exceed an amount reasonably related to the actual and necessary cost of retaining the body. This charge shall not apply to indigents.
History:  1983 a. 146; 1983 a. 279 s. 23; Stats. 1983 s. 979.12.
2023 Wisconsin Statutes & Annotations › Chapter 979 - Investigation of deaths. › 979.22 - Autopsies and toxicological services by medical examiners.

979.22
Autopsies and toxicological services by medical examiners.
A medical examiner may perform autopsies and toxicological services not required under this chapter and may charge a fee established by the county board for such autopsies and services. The fee may not exceed an amount reasonably related to the actual and necessary cost of providing the service.
History:  1983 a. 146; 1985 a. 93; 1987 a. 403 s. 256; 1989 a. 298.
2023 Wisconsin Statutes & Annotations › Chapter 980 - Sexually violent person commitments. › 980.015 - Notice to the department of justice and district attorney.

980.015
Notice to the department of justice and district attorney.
(2)
If an agency with jurisdiction has control or custody over a person who may meet the criteria for commitment as a sexually violent person, the agency with jurisdiction shall inform each appropriate district attorney and the department of justice regarding the person as soon as possible beginning 90 days prior to the applicable date of the following:
(a)
The anticipated discharge or release, on parole, extended supervision, or otherwise, from a sentence of imprisonment or term of confinement in prison that was imposed for a conviction for a sexually violent offense, from a continuous term of incarceration, any part of which was imposed for a sexually violent offense, or from a placement in a Type 1 prison under s. 301.048 (3) (a) 1., any part of which was required as a result of a conviction for a sexually violent offense.
(b)
The anticipated release from a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential care center for children and youth, as defined in s. 938.02 (15g), if the person was placed in the facility as a result of being adjudicated delinquent under s. 48.34, 1993 stats., or under s. 938.183 or 938.34 on the basis of a sexually violent offense.
(c)
The anticipated release of a person on conditional release under s. 971.17, the anticipated termination of a commitment order under s. 971.17, or the anticipated discharge of a person from a commitment order under s. 971.17, if the person has been found not guilty of a sexually violent offense by reason of mental disease or defect.
(d)
The anticipated release on parole or discharge of a person committed under ch. 975 for a sexually violent offense.
(3)
The agency with jurisdiction shall provide the district attorney and department of justice with all of the following:
(a)
The person's name, identifying factors, anticipated future residence and offense history.
(b)
If applicable, documentation of any treatment and the person's adjustment to any institutional placement.
History:  1993 a. 479; 1995 a. 77; 1997 a. 205, 283; 1999 a. 9; 2005 a. 344, 434; 2007 a. 97; 2015 a. 197 s. 51.
The “appropriate district attorney" under sub. (2) is the district attorney in the county of conviction or the county to which prison officials propose to release the person. In re Commitment of Goodson, 199 Wis. 2d 426, 544 N.W.2d 611 (Ct. App. 1996), 95-0664.