NCJ Number
117836
Date Published
1989
Length
39 pages
Annotation
This report outlines and critiques Wisconsin 1989 Senate Joint Resolution 34, relating to amending the Wisconsin Constitution regarding the use of proceeds from fines and forfeitures, and 1989 Senate Bill 193, relating to statutory surcharges on persons convicted of civil and criminal offenses and loans from the various trust funds.
Abstract
Joint Resolution 34 repeals constitutional provisions requiring proceeds from fines and forfeitures for breach of State penal laws to be deposited in the school fund and adds a constitutional requirement that proceeds from fines and forfeitures shall be used for programs for drug abuse, law enforcement, offenders, victims, and witnesses of crimes. Senate Bill 193 provides for exclusive use by school districts of loans from the principal of the common school fund. It also has provisions pertaining to changes in existing surcharges as well as surcharge collection and administration. The Legislative Council's Special Committee on Surcharges on Fines and Forfeitures recommends that no new surcharges be created and that programs be funded not by the use of surcharges but out of general-purpose revenues or other program revenues. It also recommends that the legislature consider using funding sources, other than surcharges, to support existing programs funded by surcharges. The committee supports the constitutional amendment that would require the proceeds from fines and forfeitures to be used for programs relating to drug abuse, law enforcement, offenders, victims, and witnesses.