2001 - 2002 LEGISLATURE
February 26, 2002 - Introduced by Representative Walker. Referred to Committee
on Corrections and the Courts.
1An Act to renumber and amend
946.42 (1) (a); to amend
946.42 (4) (a); and 2to create
946.42 (1) (a) c., 946.42 (3m) and 946.42 (3r) of the statutes; relating
3to: escapes by persons on probation, parole, extended supervision, or aftercare
4supervision and providing penalties.
Analysis by the Legislative Reference Bureau
Under current law, a person who is in the custody of a law enforcement officer
after being arrested may not intentionally escape from the officer's custody. A person
who violates this prohibition may be fined not more than $10,000 or imprisoned for
not more than nine months or both, if the person was in custody based on a violation
of a traffic regulation, an offense for which the penalty is a forfeiture, or a violation
of a municipal ordinance. If the person escaping was in custody because he or she
was charged with or has been convicted of a crime, the person may be fined not more
than $10,000 or imprisoned for not more than ten years or both. The sentence
imposed in the latter case must be consecutive to any sentence previously or
subsequently imposed for the offense for which the person was in custody when he
or she escaped.
This bill prohibits a person on probation, parole, or extended supervision from
escaping from his or her probation, parole, or extended supervision officer if the
person has been detained based on a probation, parole, or extended supervision
violation. Similarly, the bill prohibits a person subject to proceedings under the
juvenile justice code from escaping from a caseworker or an intake or dispositional
services worker if the person has been detained based on a violation of a dispositional
order or a condition of aftercare supervision. (Under State v. Zimmerman, 2001 WI
App 238, 248 Wis. 2d 370, 635 N.W.2d 864, an escape of either type is not punishable
as a separate offense, although it may result in other sanctions -- including the
person being sent or returned to jail or prison (in the case of an adult) or being placed
in a secure detention facility (in the case of a juvenile) -- if it constitutes a separate
violation of the conditions of the person's probation, parole, extended supervision,
dispositional order, or aftercare supervision). A person who violates this new
prohibition may be fined not more than $10,000 or imprisoned for not more than ten
years or both. In the case of an escape by an adult from a probation, parole, or
extended supervision officer, any sentence imposed for the escape must be
consecutive to the sentence for the offense for which the person was on probation,
parole, or extended supervision when he or she escaped.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB851, s. 1
946.42 (1) (a) of the statutes is renumbered 946.42 (1) (a) 1. (intro.) 2
and amended to read:
(a) 1. (intro.) "Custody" includes without limitation actual all of the
custody of an institution, including a secured correctional facility, as 6
defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 7
(15g), a secured group home, as defined in s. 938.02 (15p), a secure detention facility, 8
as defined in s. 938.02 (16), a Type 2 child caring institution, as defined in s. 938.02 9
(19r), or a juvenile portion of a county jail, or.
10b. Actual custody
of a peace officer or institution guard and constructive.
custody of prisoners and juveniles subject to an order under s. 12
48.366, 938.183, 938.34 (4d), (4h),
or 938.357 (4) or (5) (e) temporarily outside 13
the institution whether for the purpose of work, school, medical care, a leave granted
under s. 303.068, a temporary leave or furlough granted to a juvenile,
or otherwise. 2Under s. 303.08 (6) it means, without limitation, that
of the sheriff of the
county to which the a
prisoner was transferred 4
after conviction under s. 303.08 (6)
does not include the custody of a probationer, parolee,
or person 6
on extended supervision by the department of corrections or a probation, extended 7
or parole officer or the custody of a person who has been released to 8
aftercare supervision under ch. 938 unless the person is in actual custody or is 9
subject to a confinement order under s. 973.09 (4).
AB851, s. 2
946.42 (1) (a) c. of the statutes is created to read:
(a) c. Actual custody of a probation, extended supervision, or parole 12
officer or a person authorized to take an individual into custody under s. 938.355 (6d).
AB851, s. 3
946.42 (3m) of the statutes is created to read:
A person who is in the custody of a probation, parole, or extended 15
supervision officer based on an allegation or a finding that the person violated the 16
rules or conditions of probation, parole, or extended supervision and who 17
intentionally escapes from custody is guilty of a Class D felony.
AB851, s. 4
946.42 (3r) of the statutes is created to read:
Whoever, based on an allegation or a finding that the person 20
violated a condition of a dispositional order listed under s. 938.355 (2) (b) 7. or a 21
condition of aftercare supervision, is in the custody of a person authorized to take an 22
individual into custody under s. 938.355 (6d) and intentionally escapes from custody 23
is guilty of a Class D felony.
AB851, s. 5
946.42 (4) (a) of the statutes is amended to read:
(a) Except as provided in par. (b), a court shall impose a sentence 2
under this section consecutive to any sentence that the person was serving when he
3or she escaped or that was
previously imposed or which that
may be imposed for any 4
crime or offense for which the person was in custody when he or she escaped.