LRB-1911/4
BF:skg:km
1995 - 1996 LEGISLATURE
February 15, 1995 - Introduced by Senators C. Potter, Panzer and Andrea,
cosponsored by Representatives
Otte, Goetsch, Ziegelbauer, Baumgart,
Dobyns, Brandemuehl, Ryba, Boyle and Seratti. Referred to Committee on
Judiciary.
SB72,1,3
1An Act to amend 946.42 (1) (a) and 946.425 (2); and
to create 946.425 (1r) and
2968.255 (7) (d) of the statutes;
relating to: persons who are ordered to be
3confined as a condition of probation and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill makes various changes relating to persons who are confined in a jail
or similar facility as a condition of probation:
1. Current law provides penalties for a person who has received a sentence
requiring a series of periods of imprisonment and who intentionally fails to report
to jail as required by the sentence. This bill makes the same penalties apply to a
person who intentionally fails to show up for confinement ordered as a condition of
probation. Upon conviction, the person may be fined not more than $10,000 or
imprisoned for not more than 5 years or both.
2. Current law provides penalties for persons who escape from custody. The
prohibitions apply to a person on probation only when the person is in actual custody,
such as in custody in a jail. This bill makes a probationer subject to the escape law
at all times when he or she is subject to an order of confinement as a condition of
probation. Upon conviction, the person may be fined not more than $10,000 or
imprisoned for not more than 5 years or both.
3. Current law provides a number of restrictions on the manner in which strip
searches and body cavity searches may be conducted. Those restrictions do not apply
to certain searches of certain persons, such as a search of a person serving a sentence,
pursuant to a conviction, in a jail, state prison or house of correction. This bill
provides an additional exception so that the restrictions on strip searches and body
cavity searches do not apply to searches of persons who are confined as a condition
of probation.
For further information see the 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:
SB72, s. 1
1Section
1. 946.42 (1) (a) of the statutes is amended to read:
SB72,2,162
946.42
(1) (a) "Custody" includes without limitation actual custody of an
3institution, including a secured juvenile correctional facility, a secure detention
4facility, as defined under s. 48.02 (16), or a juvenile portion of a county jail, or of a
5peace officer or institution guard and constructive custody of prisoners and juveniles
6subject to an order under s. 48.34 (4m) temporarily outside the institution whether
7for the purpose of work, school, medical care, a leave granted under s. 303.068, a
8temporary leave or furlough granted to a juvenile or otherwise. Under s. 303.08 (6)
9it means, without limitation, that of the sheriff of the county to which the prisoner
10was transferred after conviction. "Custody" also includes the custody by the
11department of health and social services of a child who is placed in the community
12under corrective sanctions supervision under s. 48.533. It does not include the
13custody of a probationer or parolee by the department of corrections or a probation
14or parole officer or the custody of a person who has been released to aftercare
15supervision under ch. 48 unless the person is in actual custody
or is subject to a
16confinement order under s. 973.09 (4).
SB72, s. 2
17Section
2. 946.425 (1r) of the statutes is created to read:
SB72,2,2018
946.425
(1r) Any person who is subject to a confinement order under s. 973.09
19(4) and who intentionally fails to report to the county jail as required under the order
20is guilty of a Class D felony.
SB72, s. 3
21Section
3. 946.425 (2) of the statutes is amended to read:
SB72,3,6
1946.425
(2) A court shall impose a sentence under this section consecutive to
2any sentence previously imposed or that may be imposed for any crime or offense for
3which the person was sentenced under s. 973.03 (5) (b) or 973.15 (8) (a)
consecutive
4to any sentence that may apply to the person under s. 973.10 (2) or consecutive to any
5confinement order under s. 973.09 (4) previously issued by a court regarding the
6person.
SB72, s. 4
7Section
4. 968.255 (7) (d) of the statutes is created to read:
SB72,3,88
968.255
(7) (d) Is confined as a condition of probation under s. 973.09 (4).
SB72,3,11
10(1) The treatment of sections 946.42 (1) (a) and 946.425 (1r) and (2) of the
11statutes first applies to offenses committed on the effective date of this subsection.
SB72,3,13
12(2) The treatment of section 968.255 (7) (d) of the statutes first applies to
13searches conducted on the effective date of this subsection.
