Section Jus 9.08 - DNA analysis surcharge(1) If a court imposes a sentence or places a person on probation, the court shall impose a DNA analysis surcharge of $250 for each felony conviction and $200 for each misdemeanor conviction as provided under s. 973.046, Stats.(2) If a court imposes a DNA surcharge under sub. (1) on a person who is an inmate in a state prison and the inmate has not paid the surcharge, the department of corrections shall collect the amount owed from the income earned by or received for the benefit of the inmate. The department of corrections shall transmit any amount collected to the secretary of administration. Wis. Admin. Code Department of Justice § Jus 9.08
Cr. Register, July, 1997, No. 499, eff. 8-1-97; correction in (1) (b) made under s. 13.93(2m) (b) 7, Stats., Register September 2001 No. 549.Amended by, EmR1510: emerg. r. and recr., eff. 4-1-15; CR 14-070: r. and recr. Register September 2015 No. 717, eff.10/1/2015.In State v. Elward, 2015 WI App 51, 363 Wis. 2d 628, the court held that the DNA surcharge imposed on misdemeanants under s. 973.046, Stats., as applied to a defendant who was sentenced after the surcharge was legally required (January 1, 2014) but before DNA samples could be collected from misdemeanants (April 1, 2015), does not correspond to the cost of DNA analysis activities and thus is a punitive fine, rather than a fee; therefore, such an application of the DNA surcharge to a misdemeanant who committed the underlying offense before January 1, 2014, is an unconstitutional ex post facto violation.