Section 302.46. Jail surcharge.

 

(1)  

(a) If a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) or (2m) , for a financial responsibility violation under s. 344.62 (2) , or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations, violations under s. 343.51 (1m) (b) , or safety belt use violations under s. 347.48 (2m) , the court, in addition, shall impose a jail surcharge under ch. 814 in an amount of 1 percent of the fine or forfeiture imposed or $10, whichever is greater. If multiple offenses are involved, the court shall determine the jail surcharge on the basis of each fine or forfeiture. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the jail surcharge in proportion to the suspension.

(b) If a fine or forfeiture is imposed by a court of record, after a determination by the court of the amount due for the jail surcharge, the clerk of the court shall collect and transmit the jail surcharge to the county treasurer as provided in s. 59.40 (2) (n) . The county treasurer shall place the amount in the county jail fund as provided in s. 59.25 (3) (g) .

(c) If a fine or forfeiture is imposed by a municipal court, after a determination by the court of the amount due for the jail surcharge, the court shall collect and transmit the jail surcharge to the county treasurer under s. 800.10 (2) . The county treasurer shall place the amount in the county jail fund as provided in s. 59.25 (3) (g) .

(d) If any deposit of bail is made for a noncriminal offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the jail surcharge under this section for forfeited bail. If bail is forfeited, the amount of the jail surcharge shall be transmitted to the county treasurer under this section. If bail is returned, the jail surcharge shall also be returned.

(2)  Counties may make payments for construction, remodeling, repair or improvement of county jails and for costs related to providing educational and medical services to inmates from county jail funds.

(3)  This section applies only to violations occurring on or after October 1, 1987.

1987 a. 27 ; 1989 a. 22 ; 1989 a. 31 s. 1670c , 1670g ; Stats. 1989 s. 302.46; 1989 a. 97 , 359 ; 1991 a. 26 , 32 , 130 , 189 ; 1993 a. 313 ; 1995 a. 201 ; 1999 a. 72 ; 2001 a. 16 ; 2003 a. 30 , 139 , 268 , 326 , 327 ; 2005 a. 455 ; 2009 a. 12 , 28 , 100 , 256 ; 2011 a. 260 . The imposition of a fine or forfeiture is a prerequisite to the imposition of a jail assessment under sub. (1). State v. Carter, 229 Wis. 2d 200 , 598 N.W.2d 619 (Ct. App. 1999), 98-1688 .