State Codes and Statutes
Statutes > Wisconsin > 973 > 973.046973.046
973.046 Deoxyribonucleic acid analysis surcharge.973.046(1g)
(1g) Except as provided in sub. (1r), if a court imposes a sentence or places a person on probation for a felony conviction, the court may impose a deoxyribonucleic acid analysis surcharge of $250.973.046(1r)
(1r) If a court imposes a sentence or places a person on probation for a violation of s. 940.225, 948.02 (1) or (2), 948.025, 948.085, the court shall impose a deoxyribonucleic acid analysis surcharge of $250.973.046(2)
(2) After the clerk of court determines the amount due, the clerk 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) 2.973.046(3)
(3) All moneys collected from deoxyribonucleic acid analysis surcharges shall be deposited by the secretary of administration as specified in s. 20.455 (2) (Lm) and utilized under s. 165.77.973.046(4)
(4) If an inmate in a state prison or a person sentenced to a state prison has not paid the deoxyribonucleic acid analysis 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.973.046 - ANNOT.
History: 1993 a. 16; 1995 a. 201; 1997 a. 27; 1999 a. 9; 2003 a. 33; 2005 a. 277.973.046 - ANNOT.
The trial court has the discretion to order a DNA surcharge upon the entry of a judgment in a felony case. Nothing in sub. (1g) requires a DNA sample to be collected before the court can order the payment of the surcharge. State v. Jones, 2004 WI App 212, 277 Wis. 2d 234, 689 N.W.2d 917, 03-3245.973.046 - ANNOT.
Sub. (1g) contemplates the exercise of discretion by the trial court. The trial court should consider all factors pertinent to the case and set forth in the record the factors it considered and the rationale underlying its decision for imposing the surcharge. Factors to be considered could include: whether the defendant has provided a DNA sample in connection with the case or whether the case involved any evidence that needed DNA analysis so as to have caused DNA cost; financial resources of the defendant; and any other factors the trial court finds pertinent. State v. Cherry, 2008 WI App 80, 312 Wis. 2d 203, 752 N.W.2d 393, 07-1808.