LRB-4702/1
JEO:skg&kaf:ks
1995 - 1996 LEGISLATURE
March 26, 1996 - Introduced by Senator Drzewiecki, cosponsored by
Representative Kaufert. Referred to Committee on State Government
Operations and Corrections.
SB658,1,4 1An Act to renumber and amend 946.42 (4); to amend 973.032 (4) (b) and
2973.15 (2) (b); and to create 946.42 (4) (b) and 973.032 (4) (c) of the statutes;
3relating to: the sentence of a person who escapes from the intensive sanctions
4program.
Analysis by the Legislative Reference Bureau
Under current law, the department of corrections (DOC) administers the
intensive sanctions program, which is designed to provide punishment for felony
offenders that is less costly than ordinary imprisonment and more restrictive than
ordinary probation or parole supervision. The intensive sanctions program
participant receives a series of intensive and highly structured phases that are based
on public safety considerations and the participant's needs for punishment and
treatment.
Participants enter the intensive sanctions program by direct sentence from a
judge, placement in the program by DOC, parole grant under a requirement that the
parolee participate in the program or as an alternative to revocation of probation or
parole. If a judge sentences an inmate to the program, the judge must set a maximum
period for the sentence (which may not exceed the maximum term of imprisonment
that could be imposed on the person) and must provide a maximum period during
which the person may be put in certain placements (a prison or jail, county
reforestation camp, residential treatment facility or community-based residential
facility). The initial placement period may not exceed one year, but the judge may
extend the period at the request of DOC as long as the total period of placement,
including the original period and all extensions, is not more than 2 years or
two-thirds of the maximum term of imprisonment that could have been imposed on
the person, whichever is less.
If a person who has been sentenced to the intensive sanctions program
intentionally fails to remain in or return as required to his or her placement or

confinement, he or she is guilty of escape. Currently, escape is punishable by
imprisonment of not more than 5 years or a fine of not more than $10,000 or both.
In addition, when sentencing a person found guilty of escape to imprisonment, the
judge must impose the sentence consecutive to the sentence the person was serving
when he or she escaped.
This bill provides that if a person who is sentenced to the intensive sanctions
program escapes from the program and is found guilty of escape, the judge is not
required when sentencing the person for the escape to impose a consecutive sentence
of imprisonment but may instead impose a sentence of imprisonment that is
concurrent with the sentence to the intensive sanctions program. The bill also
provides that the court that originally sentenced the person to the intensive
sanctions program may extend the placement period to not more than two-thirds of
the maximum term of imprisonment that could have been imposed on the person,
regardless of whether that period exceeds the 2-year limit provided under current
law.
For further information see the state 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:
SB658, s. 1 1Section 1. 946.42 (4) of the statutes is renumbered 946.42 (4) (a) and amended
2to read:
SB658,2,63 946.42 (4) (a) A Except as provided in par. (b), a court shall impose a sentence
4under this section consecutive to any sentence previously imposed or which may be
5imposed for any crime or offense for which the person was in custody when he or she
6escaped.
SB658, s. 2 7Section 2. 946.42 (4) (b) of the statutes is created to read:
SB658,2,108 946.42 (4) (b) If the person escaped while serving a sentence to the intensive
9sanctions program, a court may impose a sentence under this section concurrent to
10the sentence to the intensive sanctions program.
SB658, s. 3 11Section 3. 973.032 (4) (b) of the statutes is amended to read:
SB658,3,712 973.032 (4) (b) The department may request that the court extend the
13maximum period provided by the court under sub. (3) (a) or the maximum period

1provided by the court under sub. (3) (b) or both. Unless a hearing is voluntarily
2waived by the person, the court shall hold a hearing on the matter. The court may
3not extend the maximum period of the sentence beyond the amount allowable under
4sub. (3) (a). The Except as provided in par. (c), the court may not extend the
5maximum period for placements under s. 301.048 (3) (a) 1. beyond a total, including
6the original period and all extensions, of 2 years or two-thirds of the maximum term
7of imprisonment that could have been imposed on the person, whichever is less.
SB658, s. 4 8Section 4. 973.032 (4) (c) of the statutes is created to read:
SB658,3,139 973.032 (4) (c) The court may extend under par. (b) the maximum period for
10placements under s. 301.048 (3) (a) 1. to a period not exceeding two-thirds of the
11maximum term of imprisonment that could have been imposed on the person under
12sub. (3) (a) for his or her sentence to the intensive sanctions program if all of the
13following apply:
SB658,3,1414 1. The person escaped from a sentence to the intensive sanctions program.
SB658,3,1615 2. The person is sentenced for the escape under s. 946.42 (4) (b) to a sentence
16of imprisonment concurrent with the sentence to the intensive sanctions program.
SB658,3,1917 3. The sentence under subd. 2. exceeds the total of the maximum period
18originally provided by the court under sub. (3) (b) for the sentence to the intensive
19sanctions program and the maximum extensions available under par. (b).
SB658, s. 5 20Section 5. 973.15 (2) (b) of the statutes is amended to read:
SB658,4,521 973.15 (2) (b) The court may not impose a sentence to the intensive sanctions
22program consecutive to any other sentence. The court may not impose a sentence to
23the intensive sanctions program concurrent with a sentence imposing
24imprisonment, except that the court may impose a sentence to the program
25concurrent with an imposed and stayed imprisonment sentence or with a prison

1sentence for which the offender has been released on parole. The court may impose
2concurrent intensive sanctions program sentences. The court may impose an
3intensive sanctions program sentence concurrent to probation. The court may
4impose any sentence for an escape from a sentence to the intensive sanctions
5program concurrent with the sentence to the intensive sanctions program.
SB658,4,66 (End)
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