Wisconsin § 973.20 - Restitution.

§ 973.20. Restitution.

973.20(1g) (1g) In this section: 973.20(1g)(a) (a) “Crime considered at sentencing” means any crime for which the defendant was convicted and any read-in crime. 973.20(1g)(b) (b) “Read-in crime” means any crime that is uncharged or that is dismissed as part of a plea agreement, that the defendant agrees to be considered by the court at the time of sentencing and that the court considers at the time of sentencing the defendant for the crime for which the defendant was convicted. 973.20(1r) (1r) When imposing sentence or ordering probation for any crime, other than a crime involving conduct that constitutes domestic abuse under s. 813.12 (1) (am) or 968.075 (1) (a) , for which the defendant was convicted, the court, in addition to any other penalty authorized by law, shall order the defendant to make full or partial restitution under this section to any victim of a crime considered at sentencing or, if the victim is deceased, to his or her estate, unless the court finds substantial reason not to do so and states the reason on the record. When imposing sentence or ordering probation for a crime involving conduct that constitutes domestic abuse under s. 813.12 (1) (am) or 968.075 (1) (a) for which the defendant was convicted or that was considered at sentencing, the court, in addition to any other penalty authorized by law, shall order the defendant to make full or partial restitution under this section to any victim of a crime or, if the victim is deceased, to his or her estate, unless the court finds that imposing full or partial restitution will create an undue hardship on the defendant or victim and describes the undue hardship on the record. Restitution ordered under this section is a condition of probation, extended supervision, or parole served by the defendant for a crime for which the defendant was convicted. After the termination of probation, extended supervision, or parole, or if the defendant is not placed on probation, extended supervision, or parole, restitution ordered under this section is enforceable in the same manner as a judgment in a civil action by the victim named in the order to receive restitution or enforced under ch. 785 . 973.20(2) (2) 973.20(2)(am) (am) If a crime considered at sentencing resulted in damage to or loss or destruction of property, the restitution order may require that the defendant: 973.20(2)(am)1. 1. Return the property to the owner or owner’s designee; or 973.20(2)(am)2. 2. If return of the property under subd. 1. is impossible, impractical or inadequate, pay the owner or owner’s designee the reasonable repair or replacement cost or the greater of: 973.20(2)(am)2.a. a. The value of the property on the date of its damage, loss or destruction; or 973.20(2)(am)2.b. b. The value of the property on the date of sentencing, less the value of any part of the property returned, as of the date of its return. The value of retail merchandise shall be its retail value. 973.20(2)(bm) (bm) The restitution order may require the department of employee trust funds to withhold the amount determined under par. (am) from any payment of the defendant’s annuity or lump sum under s. 40.08 (1t) and to deliver any amount withheld from the defendant’s annuity or lump sum in accordance with sub. (11) if the crime considered at sentencing satisfies all of the following: 973.20(2)(bm)1. 1. The crime was a violation of ss.