Wis. Admin. Code Department of Justice § Jus 9.08 - DNA analysis surcharge
Notes
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.
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