AB351: Bill Text

AB351,59,21 938.183 (2) (b) When a juvenile who is subject to a criminal penalty under par. (a) attains the age of 17 years, the department may place the juvenile in a state prison named in s. 302.01. A juvenile who is subject to a criminal penalty under par. (a) for an act committed before July 1, 1998, is eligible for parole under s. 304.06.

AB351, s. 168 Section 168. 938.78 (2) (d) 5. of the statutes is amended to read:

AB351,59,24 938.78 (2) (d) 5. On parole under s. 302.11 or ch. 304 or on community supervision under s. 302.113 or 302.114.

AB351, s. 169 Section 169. 938.991 (1) of the statutes is amended to read:

AB351,60,18 938.991 (1) Article I - Findings and Purposes. That juveniles who are not under proper supervision and control, or who have absconded, escaped or run away, are likely to endanger their own health, morals and welfare, and the health, morals and welfare of others. The cooperation of the states party to this compact is therefore necessary to provide for the welfare and protection of juveniles and of the public with respect to (1) cooperative supervision of delinquent juveniles on probation, community supervision or parole; (2) the return, from one state to another, of delinquent juveniles who have escaped or absconded; (3) the return, from one state to another, of nondelinquent juveniles who have run away from home; and (4) additional measures for the protection of juveniles and of the public, which any 2 or more of the party states may find desirable to undertake cooperatively. In carrying out the provisions of this compact the party states shall be guided by the noncriminal, reformative and protective policies which guide their laws concerning delinquent, neglected or dependent juveniles generally. It shall be the policy of the states party to this compact to cooperate and observe their respective responsibilities for the prompt return and acceptance of juveniles and delinquent juveniles who become subject to the provisions of this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the foregoing purposes.

AB351, s. 170 Section 170. 938.991 (3) (c) of the statutes is amended to read:

AB351,60,22 938.991 (3) (c) "Probation, community supervision or parole" means any kind of conditional release of juveniles authorized under the laws of the states party hereto.

AB351, s. 171 Section 171. 938.991 (5) (a) of the statutes is amended to read:

AB351,62,8 938.991 (5) (a) That the appropriate person or authority from whose probation, community supervision or parole supervision a delinquent juvenile has absconded or from whose institutional custody the delinquent juvenile has escaped shall present to the appropriate court or to the executive authority of the state where the delinquent juvenile is alleged to be located a written requisition for the return of the delinquent juvenile. The requisition shall state the name and age of the delinquent juvenile, the particulars of that person's adjudication as a delinquent juvenile, the circumstances of the breach of the terms of the delinquent juvenile's probation, community supervision or parole or of the delinquent juvenile's escape from an institution or agency vested with legal custody or supervision of the delinquent juvenile, and the location of the delinquent juvenile, if known, at the time the requisition is made. The requisition shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied by 2 certified copies of the judgment, formal adjudication, or order of commitment which subjects the delinquent juvenile to probation, community supervision or parole or to the legal custody of the institution or agency concerned. Further affidavits and other documents as may be deemed proper may be submitted with the requisition. One copy of the requisition shall be filed with the compact administrator of the demanding state, there to remain on file subject to the provisions of law governing records of the appropriate court. Upon the receipt of a requisition demanding the return of a delinquent juvenile who has absconded or escaped, the court or the executive authority to whom the requisition is addressed shall issue an order to any peace officer or other appropriate person directing that person to take into custody and detain the delinquent juvenile. The detention order must substantially recite the facts necessary to the validity of its issuance hereunder. No delinquent juvenile detained upon a detention order shall be delivered over to the officer whom the appropriate person or authority demanding the delinquent juvenile shall have appointed to receive the delinquent juvenile, unless the delinquent juvenile shall first be taken forthwith before a judge of an appropriate court in the state, who shall inform the delinquent juvenile of the demand made for the return of the delinquent juvenile and who may appoint counsel or guardian ad litem for the delinquent juvenile. If the judge shall find that the requisition is in order, the judge shall deliver the delinquent juvenile over to the officer whom the appropriate person or authority demanding shall have appointed to receive the delinquent juvenile. The judge, however, may fix a reasonable time to be allowed for the purpose of testing the legality of the proceeding.

AB351, s. 172 Section 172. 938.991 (5) (am) of the statutes is amended to read:

AB351,63,11 938.991 (5) (am) Upon reasonable information that a person is a delinquent juvenile who has absconded while on probation, community supervision or parole, or escaped from an institution or agency vested with legal custody or supervision of the person in any state party to this compact, the person may be taken into custody in any other state party to this compact without a requisition. In that event, the person must be taken forthwith before a judge of the appropriate court, who may appoint counsel or guardian ad litem for the person and who shall determine, after a hearing, whether sufficient cause exists to hold the person subject to the order of the court for a time, not exceeding 90 days, as will enable the person's detention under a detention order issued on a requisition pursuant to this subsection. If, at the time when a state seeks the return of a delinquent juvenile who has either absconded while on probation, community supervision or parole or escaped from an institution or agency vested with legal custody or supervision of the delinquent juvenile, there is pending in the state wherein the delinquent juvenile is detained any criminal charge or any proceeding to have the delinquent juvenile adjudicated a delinquent juvenile for an act committed in that state, or if the delinquent juvenile is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, the delinquent juvenile shall not be returned without the consent of that state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredited officers of any state party to this compact, upon the establishment of the officers' authority and the identity of the delinquent juvenile being returned, shall be permitted to transport the delinquent juvenile through any and all states party to this compact, without interference. Upon the return of the delinquent juvenile to the state from which the delinquent juvenile escaped or absconded, the delinquent juvenile shall be subject to such further proceedings as may be appropriate under the laws of that state.

AB351, s. 173 Section 173. 938.991 (6) of the statutes is amended to read:

AB351,64,13 938.991 (6) Article VI - Voluntary Return Procedure. That any delinquent juvenile who has absconded while on probation, community supervision or parole, or escaped from an institution or agency vested with legal custody or supervision of the delinquent juvenile in any state party to this compact, and any juvenile who has run away from any state party to this compact, who is taken into custody without a requisition in another state party to this compact under sub. (4) (a) or (5) (a), may consent to his or her immediate return to the state from which the juvenile or delinquent juvenile absconded, escaped or ran away. Consent shall be given by the juvenile or delinquent juvenile and his or her counsel or guardian ad litem, if any, by executing or subscribing a writing, in the presence of a judge of the appropriate court, which states that the juvenile or delinquent juvenile and his or her counsel or guardian ad litem, if any, consent to the return of the juvenile or delinquent juvenile to the demanding state. Before the consent shall be executed or subscribed, however, the judge, in the presence of counsel or guardian ad litem, if any, shall inform the juvenile or delinquent juvenile of his or her rights under this compact. When the consent has been duly executed, it shall be forwarded to and filed with the compact administrator of the state in which the court is located and the judge shall direct the officer having the juvenile or delinquent juvenile in custody to deliver the juvenile or delinquent juvenile to the duly accredited officer or officers of the state demanding the return of the juvenile or delinquent juvenile, and shall cause to be delivered to the officer or officers a copy of the consent. The court may, however, upon the request of the state to which the juvenile or delinquent juvenile is being returned, order the juvenile or delinquent juvenile to return unaccompanied to that state and shall provide the juvenile or delinquent juvenile with a copy of the court order; in that event a copy of the consent shall be forwarded to the compact administrator of the state to which the juvenile or delinquent juvenile is ordered to return.

AB351, s. 174 Section 174. 938.991 (7) (title) of the statutes is amended to read:

AB351,64,16 938.991 (7) (title) Article VII - Cooperative Supervision of Probationers, Persons on Community Supervision and Parolees.

AB351, s. 175 Section 175. 938.991 (7) (a) of the statutes is amended to read:

AB351,65,10 938.991 (7) (a) That the duly constituted judicial and administrative authorities of a state party to this compact (herein called "sending state") may permit any delinquent juvenile within such state, placed on probation, community supervision or parole, to reside in any other state party to this compact (herein called "receiving state") while on probation, community supervision or parole, and the receiving state shall accept such delinquent juvenile, if the parent, guardian or person entitled to the legal custody of such delinquent juvenile is residing or undertakes to reside within the receiving state. Before granting such permission, opportunity shall be given to the receiving state to make such investigations as it deems necessary. The authorities of the sending state shall send to the authorities of the receiving state copies of pertinent court orders, social case studies and all other available information which may be of value to and assist the receiving state in supervising a probationer or, parolee or person under community supervision under this compact. A receiving state, in its discretion, may agree to accept supervision of a probationer or, parolee or person under community supervision in cases where the parent, guardian or person entitled to legal custody of the delinquent juvenile is not a resident of the receiving state, and if so accepted the sending state may transfer supervision accordingly.

AB351, s. 176 Section 176. 938.991 (7) (b) of the statutes is amended to read:

AB351,65,16 938.991 (7) (b) That each receiving state will assume the duties of visitation and of supervision over any such delinquent juvenile and in the exercise of those duties will be governed by the same standards of visitation and supervision that prevail for its own delinquent juveniles released on probation, community supervision or parole.

AB351, s. 177 Section 177. 938.991 (7) (c) of the statutes is amended to read:

AB351,66,13 938.991 (7) (c) That, after consultation between the appropriate authorities of the sending state and of the receiving state as to the desirability and necessity of returning such a delinquent juvenile, the duly accredited officers of a sending state may enter a receiving state and there apprehend and retake any such delinquent juvenile on probation, community supervision or parole. For that purpose, no formalities will be required, other than establishing the authority of the officer and the identity of the delinquent juvenile to be retaken and returned. The decision of the sending state to retake a delinquent juvenile on probation, community supervision or parole shall be conclusive upon and not reviewable within the receiving state, but if, at the time the sending state seeks to retake a delinquent juvenile on probation, community supervision or parole, there is pending against the delinquent juvenile within the receiving state any criminal charge or any proceeding to have the delinquent juvenile adjudicated a delinquent juvenile for any act committed in that state, or if the delinquent juvenile is suspected of having committed within that state a criminal offense or an act of juvenile delinquency, the delinquent juvenile shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredited officers of the sending state shall be permitted to transport delinquent juveniles being so returned through any and all states party to this compact, without interference.

AB351, s. 178 Section 178. 938.991 (14) of the statutes is amended to read:

AB351,66,24 938.991 (14) Article XIV - Renunciation. That this compact shall continue in force and remain binding upon each executing state until renounced by it. Renunciation of this compact shall be by the same authority which executed it, by sending 6 months notice in writing of its intention to withdraw from the compact to the other states party hereto. The duties and obligations of a renouncing state under sub. (7) shall continue as to parolees and, probationers and persons on community supervision residing therein at the time of withdrawal until retaken or finally discharged. Supplementary agreements entered into under sub. (10) shall be subject to renunciation as provided by such supplementary agreements, and shall not be subject to the 6 months' renunciation notice of the present Article.

AB351, s. 179 Section 179. 938.993 (2) of the statutes is amended to read:

AB351,67,9 938.993 (2) The compact administrator shall determine for this state whether to receive juvenile probationers and, parolees and persons on community supervision of other states under s. 938.991 (7) and shall arrange for the supervision of each such probationer or, parolee or person on community supervision received, either by the department or by a person appointed to perform supervision service for the court assigned to exercise jurisdiction under this chapter and ch. 48 for the county where the juvenile is to reside, whichever is more convenient. Those persons shall in all such cases make periodic reports to the compact administrator regarding the conduct and progress of the juveniles.

AB351, s. 180 Section 180. 939.50 (3) (b) of the statutes is amended to read:

AB351,67,11 939.50 (3) (b) For a Class B felony, imprisonment not to exceed 40 60 years.

AB351, s. 181 Section 181. 939.50 (3) (bc) of the statutes is amended to read:

AB351,67,14 939.50 (3) (bc) For a Class BC felony, a fine not to exceed $10,000 or imprisonment not to exceed 20 30 years, or both.

AB351, s. 182 Section 182. 939.50 (3) (c) of the statutes is amended to read:

AB351,67,17 939.50 (3) (c) For a Class C felony, a fine not to exceed $10,000 or imprisonment not to exceed 10 15 years, or both.

AB351, s. 183 Section 183. 939.50 (3) (d) of the statutes is amended to read:

AB351,67,20 939.50 (3) (d) For a Class D felony, a fine not to exceed $10,000 or imprisonment not to exceed 5 10 years, or both.

AB351, s. 184 Section 184. 939.50 (3) (e) of the statutes is amended to read:

AB351,67,23 939.50 (3) (e) For a Class E felony, a fine not to exceed $10,000 or imprisonment not to exceed 2 5 years, or both.

AB351, s. 185 Section 185. 939.62 (2m) (b) of the statutes is amended to read:

AB351,68,11 939.62 (2m) (b) The actor is a persistent repeater if he or she has been convicted of a serious felony on 2 or more separate occasions at any time preceding the serious felony for which he or she presently is being sentenced under ch. 973, which convictions remain of record and unreversed and, that of the 2 or more previous convictions, at least one conviction must have occurred before the date of violation of at least one of the other felonies for which the actor was previously convicted. It is immaterial that the sentence for a previous conviction was stayed, withheld or suspended, or that he or she was pardoned, unless the pardon was granted on the ground of innocence. The term of imprisonment for the felony for which the persistent repeater presently is being sentenced under ch. 973 is life imprisonment without the possibility of parole or community supervision.

AB351, s. 186 Section 186. 940.20 (2m) (title) of the statutes is amended to read:

AB351,68,14 940.20 (2m) (title) Battery to probation , community supervision and parole agents and aftercare agents.

AB351, s. 187 Section 187. 940.20 (2m) (a) 2. of the statutes is amended to read:

AB351,68,18 940.20 (2m) (a) 2. "Probation, community supervision and parole agent" means any person authorized by the department of corrections to exercise control over a probationer or, parolee or person on community supervision.

AB351, s. 188 Section 188. 940.20 (2m) (b) of the statutes is amended to read:

AB351,68,24 940.20 (2m) (b) Whoever intentionally causes bodily harm to a probation, community supervision and parole agent or an aftercare agent, acting in an official capacity and the person knows or has reason to know that the victim is a probation, community supervision and parole agent or an aftercare agent, by an act done without the consent of the person so injured, is guilty of a Class D felony.

AB351, s. 189 Section 189. 942.06 (2m) (a) of the statutes is amended to read:

AB351,69,3 942.06 (2m) (a) An employe or agent of the department of corrections who conducts a lie detector test of a probationer or, parolee or person on community supervision under the rules promulgated under s. 301.132.

AB351, s. 190 Section 190. 942.06 (2q) (a) (intro.) of the statutes is amended to read:

AB351,69,8 942.06 (2q) (a) (intro.) An employe or agent of the department of corrections who discloses, to any of the following, the fact that a probationer or, parolee or person on community supervision has had a lie detector test under the rules promulgated under s. 301.132 or the results of such a lie detector test:

AB351, s. 191 Section 191. 946.42 (1) (a) of the statutes is amended to read:

AB351,69,25 946.42 (1) (a) "Custody" includes without limitation actual custody of an institution, including a secured correctional facility, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), a secure detention facility, as defined in s. 938.02 (16), a Type 2 child caring institution, as defined in s. 938.02 (19r), or a juvenile portion of a county jail, or of a peace officer or institution guard and constructive custody of prisoners and juveniles subject to an order under s. 48.366, 938.183, 938.34 (4d), (4h) or (4m) or 938.357 (4) or (5) (e) temporarily outside 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. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the county to which the prisoner was transferred after conviction. It does not include the custody of a probationer or, parolee or person on community supervision by the department of corrections or a probation, community supervision or parole officer or the custody of a person who has been released to aftercare supervision under ch. 938 unless the person is in actual custody or is subject to a confinement order under s. 973.09 (4).

AB351, s. 192 Section 192. 946.46 of the statutes is amended to read:

AB351,70,8 946.46 (title) Encouraging violation of probation, community supervision or parole. Whoever intentionally aids or encourages a parolee or, probationer or person on community supervision or any person committed to the custody or supervision of the department of corrections or a county department under s. 46.215, 46.22 or 46.23 by reason of crime or delinquency to abscond or violate a term or condition of parole, community supervision or probation is guilty of a Class A misdemeanor.

AB351, s. 193 Section 193. 950.045 of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

AB351,71,5 950.045 Victims; application for parole or pardon; releases; escapes; corrections programs. Victims of crimes have the right to provide written statements concerning parole applications under s. 304.06 (1) (e), to have direct input in the parole decision-making process under s. 304.06 (1) (em) and to provide written statements concerning pardon applications under s. 304.10 (2). Victims of crimes have the right to be notified by district attorneys under s. 971.17 (4m) regarding conditional releases under s. 971.17. Victims of crimes have the right to be notified by the department of health and family services under s. 971.17 (6m) regarding terminations or discharges under s. 971.17. Victims of crimes have the right to be notified by the department of corrections under s. 301.046 (4) regarding community residential confinements, under s. 301.048 (4m) regarding participation in the intensive sanctions program, under s. 301.38 regarding escapes from a Type 1 prison, under s. 302.115 regarding the expiration of sentences and under s. 304.063 regarding community supervision and parole releases. Victims of acts of sexual violence have the right to be notified by the department of health and family services under s. 980.11 regarding supervised releases under s. 980.06 and discharges under s. 980.09 or 980.10. Victims have the right to be notified of the registration of a person and the update of information regarding that person under s. 301.46. Victims of crimes have the right to be sent a copy of an inmate's petition for community supervision and to be notified of the hearing on that petition under s. 302.114 (6).

AB351, s. 194 Section 194. 961.41 (1) (a) of the statutes is amended to read:

AB351,71,11 961.41 (1) (a) Except as provided in par. (d), a controlled substance included in schedule I or II which is a narcotic drug, or a controlled substance analog of a controlled substance included in schedule I or II which is a narcotic drug, may be fined not more than $25,000 or imprisoned for not more than 15 22 years and 6 months or both.

AB351, s. 195 Section 195. 961.41 (1) (b) of the statutes is amended to read:

AB351,71,16 961.41 (1) (b) Except as provided in pars. (cm) and (e) to (h), any other controlled substance included in schedule I, II or III, or a controlled substance analog of any other controlled substance included in schedule I or II, may be fined not more than $15,000 or imprisoned for not more than 5 7 years and 6 months or both.

AB351, s. 196 Section 196. 961.41 (1) (cm) 1. of the statutes is amended to read:

AB351,71,19 961.41 (1) (cm) 1. Five grams or less, the person shall be fined not more than $500,000 and may be imprisoned for not more than 10 15 years.

AB351, s. 197 Section 197. 961.41 (1) (cm) 2. of the statutes is amended to read:

AB351,71,23 961.41 (1) (cm) 2. More than 5 grams but not more than 15 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than one year nor more than 15 22 years and 6 months.

AB351, s. 198 Section 198. 961.41 (1) (cm) 3. of the statutes is amended to read:

AB351,72,3 961.41 (1) (cm) 3. More than 15 grams but not more than 40 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 3 years nor more than 20 30 years.

AB351, s. 199 Section 199. 961.41 (1) (cm) 4. of the statutes is amended to read:

AB351,72,7 961.41 (1) (cm) 4. More than 40 grams but not more than 100 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 5 years nor more than 30 45 years.

AB351, s. 200 Section 200. 961.41 (1) (cm) 5. of the statutes is amended to read:

AB351,72,11 961.41 (1) (cm) 5. More than 100 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 10 years nor more than 30 45 years.

AB351, s. 201 Section 201. 961.41 (1) (d) 1. of the statutes is amended to read:

AB351,72,15 961.41 (1) (d) 1. Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 15 22 years and 6 months.

AB351, s. 202 Section 202. 961.41 (1) (d) 2. of the statutes is amended to read:

AB351,72,19 961.41 (1) (d) 2. More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 15 22 years and 6 months.

AB351, s. 203 Section 203. 961.41 (1) (d) 3. of the statutes is amended to read:

AB351,72,23 961.41 (1) (d) 3. More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 22 years and 6 months.

AB351, s. 204 Section 204. 961.41 (1) (d) 4. of the statutes is amended to read:

AB351,73,3 961.41 (1) (d) 4. More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 15 22 years and 6 months.

AB351, s. 205 Section 205. 961.41 (1) (d) 5. of the statutes is amended to read:

AB351,73,7 961.41 (1) (d) 5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 15 22 years and 6 months.

AB351, s. 206 Section 206. 961.41 (1) (d) 6. of the statutes is amended to read:

AB351,73,11 961.41 (1) (d) 6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years nor more than 30 45 years.

AB351, s. 207 Section 207. 961.41 (1) (e) 1. of the statutes is amended to read:

AB351,73,15 961.41 (1) (e) 1. Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 5 7 years and 6 months.

AB351, s. 208 Section 208. 961.41 (1) (e) 2. of the statutes is amended to read:

AB351,73,19 961.41 (1) (e) 2. More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 5 7 years and 6 months.

AB351, s. 209 Section 209. 961.41 (1) (e) 3. of the statutes is amended to read:

AB351,73,23 961.41 (1) (e) 3. More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 22 years and 6 months.

AB351, s. 210 Section 210. 961.41 (1) (e) 4. of the statutes is amended to read:

AB351,74,3 961.41 (1) (e) 4. More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 15 22 years and 6 months.

AB351, s. 211 Section 211. 961.41 (1) (e) 5. of the statutes is amended to read:

AB351,74,7 961.41 (1) (e) 5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 15 22 years and 6 months.