2. The present and future earning ability of the person.
3. The needs and earning ability of the person's dependents.
4. Any other factors that the department considers appropriate.
The department shall provide all of the following to each petitioner:
(a) Notice when the person who is ordered by a court to submit to monitoring 9
under s. 813.129 is released from incarceration.
(b) The exclusion zones that the person must avoid and the amount of time that 11
the person is allowed to remain in an exclusion zone before the department and law 12
enforcement receive an alert.
(c) An explanation of the failure rates associated with global positioning system 14
tracking programs and an explanation of situations in which a person may not be 15
detected by the tracking program.
SB104, s. 6
813.129 of the statutes is created to read:
17813.129 Global positioning system tracking. (1) I
f a person knowingly 18
violates a temporary restraining order or injunction issued under ss. 813.12 to 19
813.125 or any order enforced under s. 813.128, in addition to other penalties 20
provided in those sections, the court may report the violation to the department of 21
corrections immediately upon the person's conviction and may order the person to 22
submit to global positioning system tracking under s. 301.49.
Before issuing an order under sub. (1), the court shall consider whether the 24
person is likely to cause serious bodily harm to the person who petitioned for the
restraining order or injunction, poses a serious threat to public safety, or is likely to 2
intimidate witnesses, weighing the following factors:
(a) Whether the person has allegedly caused physical injury, intentionally 4
abused pets or damaged property, or committed sexual assault, an act of 5
strangulation or forcible entry to gain access to the petitioner.
(b) Whether the person has threatened any individual, including the petitioner, 7
(c) Whether the person has a history of improperly using or threatening to use 9
a firearm or other dangerous weapon.
(d) Whether the person has expressed suicidal ideation.
(e) Whether the person has exhibited obsessive or controlling behavior toward 12
the petitioner or any member of the petitioner's family, including stalking, 13
surveillance, or isolation of the petitioner or any member of the petitioner's family.
(f) The person's mental health history.
(g) Whether the person has a history of abusing alcohol or a controlled 16
The court may request the department of corrections to provide a validated 18
danger assessment of the person in order to make the findings required in sub. (2).
If a court enters an order under sub. (1), the court shall provide the person 20
who petitioned for the restraining order or injunction with a referral to a domestic 21
violence or sexual assault victim service provider.
If, after weighing the factors set forth under sub. (2), the court determines 23
that a person is likely to cause serious bodily harm to the person who petitioned for 24
the restraining order or injunction, poses a serious threat to public safety, or is likely 25
to intimidate witnesses, and the court determines that another alternative,
including imprisonment, is more likely to protect the person who petitioned for the 2
restraining order or injunction or the public or more likely to prevent the 3
intimidation of witnesses, the court may not enter an order under sub. (1).
SB104, s. 7
814.75 (8m) of the statutes is created to read:
The global positioning system tracking surcharge under s. 971.37 6
(1m) (c) 1. or 973.057.
SB104, s. 8
946.465 of the statutes is amended to read:
8946.465 Tampering with a global positioning system tracking device. 9
Whoever, without the authorization of the department of corrections, intentionally 10
tampers with, or blocks, diffuses, or prevents the clear reception of, a signal 11
transmitted by, a global positioning system tracking device or comparable 12
technology that is provided under s. 301.48 or 301.49
is guilty of a Class I felony.
SB104, s. 9
969.02 (3) (e) of the statutes is created to read:
(e) If the person is charged with violating a restraining order or 15
injunction issued under ss. 813.12 to 813.125 or an order or modification enforced 16
under s. 813.128, require the person to submit to global positioning system tracking 17
under s. 301.49 and may require the person to participate in mental health 18
treatment, a batterer's intervention program, or individual counseling. The judge 19
shall consider a request by the district attorney or the petitioner, as defined in s. 20
301.49 (1) (c), in determining whether to issue an order under this paragraph.
SB104, s. 10
971.37 (1m) (c) 1. (intro.) of the statutes is amended to read:
(c) 1. (intro.) The agreement may provide as one of its conditions 23
that a person covered under sub. (1) (b) or (c) pay the domestic abuse surcharge under 24
s. 973.055 and, if applicable, the global positioning system tracking surcharge under
25s. 973.057. If the agreement requires the person to pay the global positioning system
1tracking surcharge under s. 973.057, the agreement shall also require the person to
2pay the domestic abuse surcharge under s. 973.055
. Payments and collections of the
3domestic abuse surcharge and the global positioning system tracking surcharge 4
under this subdivision are subject to s. 973.055 (2) to (4) or to s. 973.057 (2) and (3),
, except as follows:
SB104, s. 11
971.37 (1m) (c) 2. of the statutes is amended to read:
(c) 2. If the prosecution is resumed under sub. (2) and the person 8
is subsequently convicted, a court shall give the person credit under s. 973.055 and,
9if applicable, s. 973.057
for any amount paid under subd. 1.
SB104, s. 12
973.05 (2m) (jm) of the statutes is created to read:
(jm) To payment of the global positioning system tracking 12
surcharge until paid in full.
SB104, s. 13
973.057 of the statutes is created to read:
14973.057 Global positioning system tracking surcharge. (1)
If a court 15
convicts a person under ss. 813.12 to 813.128, or a conforming municipal ordinance, 16
the court shall impose a global positioning system tracking surcharge under ch. 814 17
of $200 for each offense.
(a) If the surcharge is imposed by a court of record, after the court 19
determines the amount due, the clerk of the court shall collect and transmit the 20
amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer 21
shall then make payment to the secretary of administration as provided in s. 59.25 22
(3) (f) 2.
(b) If the surcharge is imposed by a municipal court, after a determination by 24
the court of the amount due, the court shall collect and transmit the amount to the
treasurer of the county, city, town, or village, and that treasurer shall make payment 2
to the secretary of administration as provided in s. 66.0114 (1) (bm).
All moneys collected from global positioning system tracking surcharges 4
shall be deposited by the secretary of administration in s. 20.410 (gL) and utilized 5
in accordance with s. 301.49.
If the moneys collected under this section prove inadequate to fund the 7
global positioning system tracking program under s. 301.49, the department may, by 8
rule, increase the surcharge under sub. (1) by not more than 5 percent each year to 9
cover the costs of the global positioning system tracking program.
(1) The department of corrections shall promulgate rules to implement section 12
301.49 of the statutes, as created by this act. The department of corrections shall 13
consult with one or more organizations or agencies that are dedicated to the 14
prevention of domestic violence, law enforcement agencies, judges, district 15
attorneys, and probation officers in developing the implementation plan.
The treatment of sections 20.410 (1) (gL), 814.75 (8m), 971.37 (1m) (c) 1. 18
(intro.) and 2., 973.05 (2m) (jm), and 973.057 of the statutes first applies to a person 19
who is convicted or who enters into a deferred prosecution agreement on the effective 20
date of this subsection.
The treatment of sections 301.49, 813.129, 946.465, and 969.02 (3) (e) of the 22
statutes first applies to violations that occur on the effective date of this subsection.
SB104, s. 16
This act takes effect on the first day of the 6th 24
month beginning after publication, except as follows:
(1) The treatment of sections 16.705 (1n), 16.71 (5m), 20.410 (1) (gk) (title) and 2
(gL), 814.75 (8m), 971.37 (1m) (c) 1. (intro.) and 2., 973.05 (2m) (jm), and 973.057 of 3
the statutes and Sections
14 and 15 (1) of this act take effect on the day after 4