AB481: Bill Text

LRB-2280/1

RPN&MGD:kmg:pg

2001 - 2002 LEGISLATURE

2001 Assembly BILL 481

August 21, 2001 - Introduced by Representative Walker, cosponsored by Senator Jauch. Referred to Committee on Corrections and the Courts.

AB481,1,5 An Act to renumber and amend 304.13 and 304.135; to amend 165.76 (1) (e), 165.76 (1) (f), 165.76 (2) (b) 3m., 301.45 (1g) (dh), 301.45 (2) (e) 2., 301.45 (3) (a) 1m., 301.45 (3) (b) 2., 301.45 (5m) (a) 1., 304.137 (1) and 304.137 (2); and to create 15.145 (3), 304.13 (2m), 304.135 (1) (b), 304.16 and 801.14 (6) of the statutes; relating to: the interstate compact for adult offender supervision.

Analysis by the Legislative Reference Bureau

Current law established a uniform interstate compact for the supervision of out-of-state parolees that includes provisions allowing persons convicted of a crime in this state and placed on probation, parole, or extended supervision to reside in another state that has entered into the uniform interstate compact. Current law allows offenders from a state that is a party to the compact to reside in this state. Under current law, the receiving state assumes the duties of visitation and supervision of the offender. Current law allows officers of the sending state to enter the receiving state, apprehend the offender, and return him or her to the sending state without obtaining extradition rights over the person. Under current law, the state where the offender is residing may not object to the retaking unless the offender has a charge pending in that state or is suspected of committing a crime in that state. Current law allows the promulgation of rules necessary to carry out the functions of the interstate compact. Current law also allows a person who is convicted of a crime in this state and placed on probation, parole, or extended supervision to reside in another state that is not a party to the compact. The authorities of the other state must agree to assume the duties of visitation and supervision over the person, and the person must sign an agreement to waive any extradition rights if this state decides to retake the person.

This bill creates a new interstate compact for adult offenders that becomes effective when 35 states enact the compact. Under the compact:

1. There is created a 5-member interstate adult offender supervision board, attached to the department of corrections, whose members are appointed for 4-year terms by the governor. The board appoints a person to be a member of the interstate commission. The governor also appoints a compact administrator who is responsible for the state's administration of the compact.

2. There is an interstate commission composed of a commissioner from each of the compact states. Each compacting state has one vote on the commission. The commission supervises and overseas the interstate movement of offenders who are subject to the commission by establishing uniform procedures to manage that movement. The commission may establish offices; contract for services; hire staff; accept grants; lease, purchase, and sell property; make expenditures; levy assessments against compacting states for its operations; sue and be sued; and report annually to the compacting states.

3. The officers and employees of the commission are immune from liability for any damages resulting from an act or omission that occurred within the scope of the interstate commission employment, duties, or responsibilities. The commission is required to defend an officer or employee who is sued in a civil action related to an act or omission that occurred within the scope of the interstate commission employment, duties, or responsibilities.

4. The commission may adopt rules that are binding on the compact states. A majority of the legislatures of the compacting states may reject a rule. If that is done, the rule has no effect in any of the compacting states.

5. A state may withdraw from the compact by enacting a law repealing the statute that created the compact.

6. If a compact member state fails to perform any of the state's obligations under the compact, the commission may impose monetary penalties, provide remedial training to state staff, or suspend or terminate the state's membership in the compact.

7. The commission may bring legal action in federal court against a compact state to enforce compliance with the provisions of the compact, including the payment of assessments and liabilities owed under the compact.

8. All lawful actions of the interstate commission, including all rules promulgated by the commission and agreements between the commission and the states, are binding on the compact states, except that if a provision of the compact exceeds a limit imposed by a state constitution that provision is ineffective.

The bill requires a person who is bringing an action that may affect the powers, responsibilities, or actions of the interstate commission to deliver or mail a copy of the complaint in that action to the interstate commission.

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:

AB481, s. 1 Section 1. 15.145 (3) of the statutes is created to read:

AB481,3,7 15.145 (3) Interstate adult offender supervision board. There is created an interstate adult offender supervision board which is attached to the department of corrections under s. 15.03. The board shall consist of 5 members appointed for 4-year terms. The governor shall comply with the requirements of s. 304.16 (4) when appointing members of the board. The board shall have the powers, duties, and responsibilities set forth under s. 304.16.

AB481, s. 2 Section 2. 165.76 (1) (e) of the statutes is amended to read:

AB481,3,14 165.76 (1) (e) Is released on parole or extended supervision or placed on probation in another state before January 1, 2000, and is on parole, extended supervision, or probation in this state from the other state under s. 304.13 or (1m), 304.135, or 304.16 on or after July 9, 1996, for a violation of the law of the other state that the department of corrections determines, under s. 304.137 (1), is comparable to a violation of s. 940.225 (1) or (2), 948.02 (1) or (2), or 948.025.

AB481, s. 3 Section 3. 165.76 (1) (f) of the statutes is amended to read:

AB481,3,21 165.76 (1) (f) Is released on parole or extended supervision or placed on probation in another state on or after January 1, 2000, and is on parole, extended supervision, or probation in this state from the other state under s. 304.13 or (1m), 304.135, or 304.16 for a violation of the law of the other state that the department of corrections determines, under s. 304.137 (2), would constitute a felony if committed by an adult in this state.

AB481, s. 4 Section 4. 165.76 (2) (b) 3m. of the statutes is amended to read:

AB481,4,6 165.76 (2) (b) 3m. If the person is on parole, extended supervision, or probation in this state from another state under s. 304.13 or (1m), 304.135, or 304.16, he or she shall provide the specimen under par. (a) at the office of a county sheriff as soon as practicable after entering this state, as directed by his or her probation, extended supervision, and parole agent.

AB481, s. 5 Section 5. 301.45 (1g) (dh) of the statutes is amended to read:

AB481,4,11 301.45 (1g) (dh) Is on parole, extended supervision , or probation in this state from another state under s. 304.13 or (1m), 304.135, or 304.16 on or after December 25, 1993, for a violation, or for the solicitation, conspiracy, or attempt to commit a violation, of the law of another state that is comparable to a sex offense.

AB481, s. 6 Section 6. 301.45 (2) (e) 2. of the statutes is amended to read:

AB481,4,15 301.45 (2) (e) 2. If the person is on parole, extended supervision, probation, or other supervision from another state under s. 304.13 (1m), 304.135, 304.16, or 938.988, before the person enters this state.

AB481, s. 7 Section 7. 301.45 (3) (a) 1m. of the statutes is amended to read:

AB481,4,19 301.45 (3) (a) 1m. If the person is on parole, extended supervision, probation, or other supervision from another state under s. 304.13 (1m), 304.135, 304.16, or 938.988, he or she is subject to this subsection upon entering this state.

AB481, s. 8 Section 8. 301.45 (3) (b) 2. of the statutes is amended to read:

AB481,5,5 301.45 (3) (b) 2. The department shall notify a person who is being released from prison in this state because he or she has reached the expiration date of his or her sentence and who is covered under sub. (1g) of the need to comply with the requirements of this section. Also, probation, extended supervision , and parole agents, aftercare agents, and agencies providing supervision shall notify any client who is covered under sub. (1g) of the need to comply with the requirements of this section at the time that the client is placed on probation, extended supervision, parole, supervision, or aftercare supervision or, if the client is on probation, extended supervision, parole, or other supervision from another state under s. 304.13 (1m), 304.135, 304.16, or 938.988, when the client enters this state.

AB481, s. 9 Section 9. 301.45 (5m) (a) 1. of the statutes is amended to read:

AB481,5,11 301.45 (5m) (a) 1. If the person is on parole, extended supervision, probation, or other supervision from another state under s. 304.13 (1m), 304.135, 304.16, or 938.988, 15 years after discharge from that parole, extended supervision, probation, or other supervision or the period of time that the person is in this state, whichever is less.

AB481, s. 10 Section 10. 304.13 of the statutes is renumbered 304.13 (1m), and 304.13 (1m) (a) 4., (h) (intro.) and (i), as renumbered, are amended to read:

AB481,5,18 304.13 (1m) (a) 4. A resident of the receiving state, within the meaning of this section subsection, is one who has been an actual inhabitant of such state continuously for more than one year prior to coming to the sending state and has not resided within the sending state more than 6 continuous months immediately preceding the commission of the offense for which that person has been convicted.

AB481,5,19 (h) (intro.) In this section subsection:

AB481,5,21 (i) This section subsection may be cited as the "Uniform Act for Out-of-State Parolee Supervision".

AB481, s. 11 Section 11. 304.13 (2m) of the statutes is created to read:

AB481,6,2 304.13 (2m) Subsection (1m) does not apply to this state's supervision of a person who is on probation, parole, or extended supervision from another state or another state's supervision of a person who is on probation, parole, or extended supervision from this state if all of the following have occurred:

AB481,6,3 (a) The compact authorized by s. 304.16 is in effect.

AB481,6,5 (b) Both this state and the other state are parties to the compact under s. 304.16.

AB481,6,7 (c) The other state has renounced the compact entered into with this state under sub. (1m).

AB481, s. 12 Section 12. 304.135 of the statutes is renumbered 304.135 (1) (a) and amended to read:

AB481,6,19 304.135 (1) (a) The If the compact authorized under s. 304.16 is not in effect, the department may permit any person convicted of an offense within this state and placed on probation or released on extended supervision or parole to reside in any other state not a party to the compact authorized by s. 304.13 (1m) whenever the authorities of the receiving state agree to assume the duties of visitation of and supervision over the probationer, person on extended supervision, or parolee, governed by the same standards that prevail for its own probationers, persons on extended supervision, and parolees, on the same terms as are provided in s. 304.13 (1) and (2) (1m) (a) and (b), in the case of states signatory to the compact authorized by s. 304.13 (1m).

AB481,7,4 (2) Before permitting any probationer, person on extended supervision, or parolee to leave this state under this section sub. (1), the department shall obtain from him or her a signed agreement to return to this state upon demand of the department and an irrevocable waiver of all procedure incidental to extradition. The department may, in like a manner comparable to that provided in sub. (1), receive for supervision probationers, persons on extended supervision, and parolees convicted in states not signatory a state that is not a party to the compact authorized by s. 304.13 (1m) or the compact authorized by s. 304.16, and shall have the same custody and control of those persons as it has over probationers, persons on extended supervision, and parolees of this state.

AB481, s. 13 Section 13. 304.135 (1) (b) of the statutes is created to read:

AB481,7,16 304.135 (1) (b) If the compact authorized under s. 304.16 is in effect, the department may permit any person convicted of an offense within this state and placed on probation or released on extended supervision or parole to reside in any other state that is not a party to the compact authorized by s. 304.13 (1m), or the compact authorized under s. 304.16, whenever the authorities of the receiving state agree to assume the duties of visitation of and supervision over the probationer, person on extended supervision, or parolee, governed by the same standards that prevail for its own probationers, persons on extended supervision, and parolees, on the same terms as are provided by rules promulgated by the interstate commission, as defined in s. 304.16 (2) (f), in the case of compacting states, as defined in s. 304.16 (2) (e).

AB481, s. 14 Section 14. 304.137 (1) of the statutes is amended to read:

AB481,8,4 304.137 (1) Persons released or placed on probation before January 1, 2000. If the department accepts supervision of a probationer, person on extended supervision, or parolee from another state under s. 304.13 or (1m), 304.135, or 304.16 and the person was placed on probation or released on parole or extended supervision before January 1, 2000, the department shall determine whether the violation of law for which the person is on probation, extended supervision, or parole is comparable to a violation of s. 940.225 (1) or (2), 948.02 (1) or (2), or 948.025. If the department determines that a person on probation, extended supervision, or parole from another state who is subject to this subsection violated a law that is comparable to a violation of s. 940.225 (1) or (2), 948.02 (1) or (2), or 948.025, the department shall direct the probationer, person on extended supervision, or parolee to provide a biological specimen under s. 165.76.

AB481, s. 15 Section 15. 304.137 (2) of the statutes is amended to read:

AB481,8,17 304.137 (2) Persons released or placed on probation on or after January 1, 2000. If the department accepts supervision of a probationer, person on extended supervision, or parolee from another state under s. 304.13 or (1m), 304.135 , or 304.16 and the person was placed on probation or released on parole or extended supervision on or after January 1, 2000, the department shall determine whether the violation of law for which the person is on probation, extended supervision, or parole would constitute a felony if committed by an adult in this state. If the department determines that a person on probation, extended supervision , or parole from another state who is subject to this subsection violated a law that would constitute a felony if committed by an adult in this state, the department shall direct the probationer, person on extended supervision, or parolee to provide a biological specimen under s. 165.76.

AB481, s. 16 Section 16. 304.16 of the statutes is created to read:

AB481,9,6 304.16 Interstate compact for adult offender supervision. (1) Article I — Purpose. (a) The compacting states to this interstate compact recognize that each state is responsible for the supervision, in the community, of adult offenders who are authorized under the bylaws and rules of this compact to travel across state lines to and from each compacting state in such a manner as to enable each compacting state to track the location of offenders, transfer supervision authority in an orderly and efficient manner, and, when necessary, return offenders to their original jurisdictions. The compacting states recognize also that congress, by enacting the Crime Control Act, 4 USC 112, has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime. It is the purpose of this compact and the interstate commission created under sub. (3), through means of joint and cooperative action among the compacting states, to do all of the following:

AB481,9,9 1. Provide the framework for the promotion of public safety and protect the rights of victims through the control and regulation of the interstate movement of offenders in the community.

AB481,9,11 2. Provide for the effective tracking, supervision, and rehabilitation of these offenders by the sending and receiving states.

AB481,9,13 3. Equitably distribute the costs, benefits, and obligations of the compact among the compacting states.

AB481,9,14 (b) This compact will do all of the following:

AB481,9,19 1. Create an interstate commission that will establish uniform procedures to manage the movement between states of adults placed under community supervision and released to the community under the jurisdiction of courts, paroling authorities, or corrections or other criminal justice agencies and that will promulgate rules to achieve the purpose of this compact.

AB481,9,22 2. Ensure an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines.

AB481,9,24 3. Establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials, and regular reporting of compact activities to heads of state councils or boards, state executive, judicial, and legislative branches, and the attorney general.

AB481,10,4 4. Monitor compliance with rules governing interstate movement of offenders and intervene to address and correct noncompliance.

AB481,10,6 5. Coordinate training and education regarding the regulation of interstate movement of offenders for officials involved in such activity.

AB481,10,13 (c) The compacting states recognize that there is no right of any offender to live in another state and that duly accredited officers of a sending state may at any time enter a receiving state to apprehend and retake any offender under supervision subject to the provisions of this compact and to bylaws adopted and rules promulgated under this section. The activities conducted by the interstate commission created in this section are the formation of public policies and are public business.