State v. Radaj
2015 WI App 50
| Wis. Ct. App. | 2015Background
- Gregory Radaj committed multiple offenses on January 28, 2013 and pleaded to four felonies; he was sentenced March 26, 2014.
- Between offense and sentencing, Wisconsin revised its DNA surcharge statute (effective Jan. 1, 2014) to require a mandatory surcharge calculated per conviction: $250 per felony and $200 per misdemeanor.
- Under prior law the court had discretion to impose a single $250 DNA surcharge (or mandatory $250 only for certain sex offenses).
- The revised statute produced a $1,000 surcharge for Radaj (4 felonies × $250), greater than what applied when he committed the crimes.
- Radaj challenged the new surcharge as an unconstitutional ex post facto law; the State defended it as a nonpunitive civil fee to fund DNA database expenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether applying the revised DNA surcharge statute to Radaj (sentenced after the statute took effect but who committed crimes before) violates the ex post facto clause | Radaj: the per-conviction mandatory surcharge increased punishment retroactively (from discretionary single $250 to mandatory $250 per felony) | State: the charge is a civil surcharge (not punishment), used to fund DNA analysis/database; amount is relatively small and administrative | Court: The per-conviction surcharge, as applied to multiple convictions, is punitive in effect and therefore violates the ex post facto clause; reversed and remanded to apply the pre‑revision statute |
Key Cases Cited
- State v. Rachel, 254 Wis. 2d 215 (2002) (sets out the two‑part intent/effects test for determining whether a statute is punitive)
- In re DNA Ex Post Facto Issues (Eubanks), 561 F.3d 294 (4th Cir. 2009) (upheld fixed $250 processing fee as civil/admin charge to fund DNA database)
- Mueller v. Raemisch, 740 F.3d 1128 (7th Cir. 2014) (examined rational relation between fee amount and administrative costs; fee upheld where relation reasonable)
- People v. Batman, 71 Cal. Rptr. 3d 591 (Cal. Ct. App. 2008) (treated a penalty assessment proportional to criminal fines as punitive)
- People v. Stead, 845 P.2d 1156 (Colo. 1993) (found surcharge correlated to offense severity was punitive)
- City of South Milwaukee v. Kester, 347 Wis. 2d 334 (2013) (discusses legislative intent inquiry and deference to statutory labels)
- State v. Thiel, 188 Wis. 2d 695 (1994) (places burden on challenger to prove ex post facto violation)