800.09 Judgment.
800.09
800.09 Judgment.800.09(1b)
(1b) If the court finds a defendant guilty, the court may render judgment by ordering any of the following:800.09(1b)(a)
(a) A forfeiture, plus costs, fees, and surcharges imposed under ch. 814.800.09(1b)(b)
(b) Community service work.800.09(1b)(c)
(c) An operating privilege suspension or revocation if authorized by law.800.09(1b)(d)
(d) Other dispositions authorized by law.800.09(1b)(e)
(e) For juveniles, dispositions authorized under s. 938.17 (2).800.09(1d)
(1d) The court shall apply any payment received on a judgment that includes restitution to first satisfy any payment of restitution ordered, then to pay the forfeiture, costs, fees, and surcharges.800.09(1g)
(1g) The court may defer payment of any judgment or provide for installment payments. At the time that the judgment is rendered, the court shall inform the defendant, orally and in writing, of the date by which restitution and the payment of the forfeiture, plus costs, fees, and surcharges imposed under ch. 814, must be made, and of the possible consequences of failure to do so in timely fashion, including imprisonment, as provided in s. 800.095, or suspension of the defendant's motor vehicle operating privilege, as provided in sub. (1b) (c), if applicable. In addition, the court shall inform the defendant, orally and in writing, that the defendant should notify the court if he or she is unable to pay the judgment because of poverty, as that term is used in s. 814.29 (1) (d), and that he or she may request community service in lieu of payment of the judgment. If the defendant is not present, the court shall ensure that the information is sent to the defendant by mail. If the defendant is present and the court, using the criteria in s. 814.29 (1) (d), determines that the defendant is unable to pay the judgment because of poverty, the court shall provide the defendant with an opportunity to pay the judgment in installments, taking into account the defendant's income, or to perform community service in lieu of payment of the judgment. In 1st class cities, all of the written information required by this subsection shall be printed in English and Spanish and provided to each defendant.800.09(1j)
(1j) If the court orders the defendant to perform community service work in lieu of making restitution or of paying the forfeiture, surcharges, fees and costs, or both, the court may order that the defendant perform community service work for a public agency or a nonprofit charitable organization that is approved by the court and agreed to by the public agency or nonprofit charitable organization. Community service work may be in lieu of restitution only if also agreed to by the person to whom restitution is owed. The number of hours of community service work required may not exceed the number determined by dividing the amount owed on the forfeiture by the minimum wage established under ch. 104 for adults in nonagriculture, nontipped employment. The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored.800.09(3)
(3) Judgment regarding operating privilege.800.09(3)(a)
(a) If the operating privilege of a defendant is suspended under this section or s. 800.095, the court may terminate that suspension and substitute an installment payment plan for paying the amount of the judgment that takes into account the defendant's income.800.09(3)(b)
(b) If the operating privilege of a defendant is suspended under this section or s. 800.095, the court shall terminate that suspension and substitute an installment payment plan for the payment of the amount of the judgment that takes into account the defendant's income if all of the following conditions apply:800.09(3)(b)1.
1. The defendant is unable to pay the judgment in full because of poverty, as that term is used in s. 814.29 (1) (d).800.09(3)(b)2.
2. The defendant has not previously failed to comply with an installment payment plan ordered under this section that takes into account the defendant's income.800.09(3)(c)
(c) If the defendant fails to comply with an installment payment plan ordered under this subsection, the court shall reinstate the suspension of the defendant's operating privilege.800.09 - ANNOT.
NOTE: This section is shown as affected eff. 1-1-11 by 2009 Wis. Act 402. Prior to 1-1-11 it reads:800.09 - ANNOT.
800.09 Judgment; failure to appear; plea of guilty. (1) Judgment. If a municipal court finds a defendant guilty, it may render judgment by ordering restitution under s. 800.093 and payment of a forfeiture, plus costs, fees, and surcharges imposed under ch. 814. The court shall apply any payment received on a judgment that includes restitution to first satisfy any payment of restitution ordered, then to pay the forfeiture, costs, fees, and surcharges. If the judgment is not paid, the court may proceed under par. (a), (b), or (c) or any combination of those paragraphs, as follows:800.09 - ANNOT.
(a) The court may defer payment of any judgment or provide for installment payments. At the time that the judgment is rendered, the court shall inform the defendant, orally and in writing, of the date by which restitution and the payment of the forfeiture, plus costs, fees, and surcharges imposed under ch. 814, must be made, and of the possible consequences of failure to do so in timely fashion, including imprisonment, as provided in s. 800.095, or suspension of the defendant's motor vehicle operating privilege, as provided in par. (c), if applicable. In addition, the court shall inform the defendant, orally and in writing, that the defendant should notify the court if he or she is unable to pay the judgment because of poverty, as that term is used in s. 814.29 (1) (d). If the defendant is not present, the court shall ensure that the information is sent to the defendant by mail. If the defendant is present and the court, using the criteria in s. 814.29 (1) (d), determines that the defendant is unable to pay the judgment because of poverty, the court shall provide the defendant with an opportunity to pay the judgment in installments, taking into account the defendant's income. In 1st class cities, all of the written information required by this paragraph shall be printed in English and Spanish and provided to each defendant.800.09 - ANNOT.
(b) If the defendant agrees to perform community service work in lieu of making restitution or paying the forfeiture, assessments and costs, or both, the court may order that the defendant perform community service work for a public agency or a nonprofit charitable organization that is designated by the court. Community service work may be in lieu of restitution only if also agreed to by the public agency or nonprofit charitable organization and by the person to whom restitution is owed. The court may utilize any available resources, including any community service work program, in ordering the defendant to perform community service work. The number of hours of community service work required may not exceed the number determined by dividing the amount owed on the forfeiture by the minimum wage established under ch. 104 for adults in nonagriculture, nontipped employment. The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored.800.09 - ANNOT.
(c) The court may suspend the defendant's operating privilege, as defined in s. 340.01 (40), until restitution is made and the forfeiture, assessments and costs are paid, if the defendant has not done so within 60 days after the date the restitution or payments or both are to be made under par. (a), except that the suspension period may not exceed 2 years. If the court, using the criteria in s. 814.29 (1) (d), determines that the defendant is unable to pay the judgment because of his or her poverty, as that term is used in s. 814.29 (1) (d), the court may not order the suspension of the defendant's operating privilege, except as provided in s. 800.095. The court may take possession of the suspended license. If the court takes possession of a license, it shall destroy the license. The court shall forward a notice of the suspension clearly stating that the suspension is for failure to comply with a judgment of the court to the department of transportation. This paragraph does not apply if the forfeiture is assessed for violation of an ordinance that is unrelated to the violator's operation of a motor vehicle.800.09 - ANNOT.
NOTE: Par. (c) is shown as affected by 2 acts of the 2009 Wisconsin legislature and as merged by the legislative reference bureau under s. 13.92 (2) (i).800.09 - ANNOT.
(2) Judgment on plea of guilty or no contest or on failure to appear. (a) If the defendant pleads guilty or no contest, the court shall convict the defendant of the offense charged and render judgment.800.09 - ANNOT.
(b) If the person charged fails to appear personally or by an attorney at the time fixed for hearing of the case, the defendant may be deemed to have entered a plea of no contest and the money deposited, if any, or such portion thereof as the court determines to be an adequate penalty, plus costs, fees, and surcharges imposed under ch. 814, may be declared forfeited by the court or may be ordered applied upon the payment of any penalty which may be imposed, plus costs, fees, and surcharges imposed under ch. 814. If the court finds that the violation meets the conditions in s. 800.093 (1), the court may summon the alleged violator into court to determine if restitution shall be ordered under s. 800.093. Any money remaining after payment of any penalties, surcharges, costs, fees, and restitution shall be refunded to the person who made the deposit.800.09 - ANNOT.
(c) This subsection shall not apply to violations of parking ordinances. Bail given for appearance to answer a charge under any such ordinance may be forfeited as determined by the municipality.800.09 - ANNOT.
(3) Judgment regarding operating privilege. (a) If the operating privilege of a defendant is suspended under this section or s. 800.095, the court may terminate that suspension and substitute an installment payment plan for paying the amount of the judgment that takes into account the defendant's income.800.09 - ANNOT.
(b) If the operating privilege of a defendant is suspended under this section or s. 800.095, the court shall terminate that suspension and substitute an installment payment plan for the payment of the amount of the judgment that takes into account the defendant's income if all of the following conditions apply:800.09 - ANNOT.
1. The defendant is unable to pay the judgment in full because of poverty, as that term is used in s. 814.29 (1) (d).800.09 - ANNOT.
2. The defendant has not previously failed to comply with an installment payment plan ordered under this section that takes into account the defendant's income.800.09 - ANNOT.
(c) If the defendant fails to comply with an installment payment plan ordered under this subsection, the court shall reinstate the suspension of the defendant's operating privilege.800.09 - ANNOT.
History: 1977 c. 305; 1979 c. 32 s. 68; Stats. 1979 s. 800.09; 1981 c. 317; 1985 a. 179; 1987 a. 27, 389; 1987 a. 399 s. 494u; 1989 a. 107; 1991 a. 39, 40, 189; 1993 a. 16; 1997 a. 27, 84; 1999 a. 9, 185; 2001 a. 16; 2003 a. 139; 2009 a. 17, 103, 402.800.09 - ANNOT.
Section 343.30 (5) does not preclude the suspension of operating privileges under s. 800.09 or 800.095. Suspension of operating privileges for failure to pay non-traffic forfeitures is not an unconstitutional exercise of the police power or an unconstitutionally excessive fine. City of Milwaukee v. Kilgore, 193 Wis. 2d 168, 532 N.W.2d 690 (1995).800.09 - ANNOT.
An award of costs of prosecution does not include actual attorney fees. Town of Wayne v. Bishop, 210 Wis. 2d 218, 565 N.W.2d 201 (Ct. App. 1997), 95-2387.800.09 - ANNOT.
A municipal court is not authorized to subpoena persons outside of the state; thus the court cannot order an out of state defendant to appear in person. There is no inherent authority in the court authorizing such an order. City of Sun Prairie v. Davis, 226 Wis. 2d 738, 595 N.W.2d 635 (1999), 97-1651.