2011 - 2012 LEGISLATURE
February 24, 2012 - Printed by direction of Assembly Chief Clerk.
1An Act to amend
16.705 (1n), 16.71 (5m), 20.410 (1) (gk) (title), 813.12 (8), 2
813.125 (7), 946.465, 971.37 (1m) (c) 1. (intro.) and 971.37 (1m) (c) 2.; and to
20.410 (1) (gL), 301.49, 813.129, 814.75 (8m), 969.02 (3) (e), 973.05 (2m) 4
(jm), 973.057 and 973.09 (2) (ar) of the statutes; relating to: requiring persons
5who violate certain restraining orders or injunctions to be monitored by a global
6positioning system, granting rule-making authority, making an appropriation,
7and providing a penalty.
Analysis by the Legislative Reference Bureau
The text of Engrossed 2011 Senate Bill 104, as passed by the senate on February
14, 2011, consists of the following documents adopted in the senate on February 14,
2011: the bill as affected by Senate Amendment 3 (as affected by Senate Amendment
1 thereto); and Senate Amendment 4.
Content of Engrossed 2011 Senate Bill 104:
Under current law, an individual who is, or who acts on behalf of, a victim of
abuse, harassment, or threats may obtain a temporary restraining order against the
person who has committed the acts of abuse, harassment, or making a threat. The
restraining order bars the person from contacting the victim and requires the person
to stay away from the victim's residence and other places temporarily occupied by the
victim until a court conducts a hearing to determine whether the restraining order
should be incorporated into a longer lasting injunction.
If the court determines that the person has engaged in, or may engage in, acts
of abuse, harassment, or threats against the victim, the court may issue an
injunction against the person. An injunction may stay in effect for up to four years
and bars the person from contacting the victim, requires the person to stay away from
the victim's residence, and may require the person to stay away from other locations
temporarily occupied by the victim.
A person who violates a restraining order or an injunction may be fined up to
$1,000 and imprisoned for up to nine months, except that a person who violates a
restraining order or injunction that was issued only for harassment faces the same
fine but may be imprisoned for up to 90 days.
This bill allows a court to order a person who is convicted of violating certain
restraining orders or an injunction to submit, for the duration of the restraining
order or injunction, to global positioning system (GPS) tracking by the Department
of Corrections (DOC). The bill also allows a court to order, as a condition of release
to community supervision, a person who is charged with violating a restraining order
or an injunction to submit to GPS tracking.
The bill requires the court to consider a request for GPS tracking by a district
attorney or by the individual who asked for the restraining order. The bill requires
the court to find, before ordering GPS tracking, that the person who violated the
restraining order or injunction is more likely than not to cause serious bodily harm
to the person who petitioned for the restraining order or injunction (petitioner). The
bill allows the court to request DOC or a local domestic violence prevention or
treatment center to provide an assessment of risk in order to determine whether the
person is likely to cause serious bodily harm to the petitioner.
Under the bill, DOC must monitor the person's whereabouts with a GPS device
and, if the person enters into an area that he or she is required to avoid under the
terms of the restraining order or injunction, DOC must immediately notify local law
enforcement and the victim. The bill requires DOC to consider input from the
petitioner and develop a personalized exclusion zone into which the person may not
enter in order to protect the petitioner. If the person enters the exclusion zone, the
bill requires DOC to immediately notify local law enforcement and the petitioner.
The bill increases the fine for violating a domestic abuse or harassment
restraining order or injunction from $1,000 to $10,000 and requires, if a person who
commits a violation is placed on probation, a minimum period of probation of six
Under the bill, a person who violates a restraining order is required to pay a
$200 surcharge in addition to his or her fine that will be used toward the costs of GPS
tracking. Under the bill, the court may order the person to pay for the costs of GPS
tracking. The bill makes it a Class I felony, punishable by a fine up to $10,000,
imprisonment for up to three years and six months, or both, for a person to tamper
with the GPS device.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Subsection (1) does not apply to a contract entered into by the 3
department of corrections for global positioning system tracking services under s. 4
301.48 (3) or 301.49
The department shall delegate authority to the department of 7
corrections to enter into contracts for global positioning system tracking equipment,
8implementation, and tracking
services under s.
301.48 (3) and 301.49
(gk) (title) Global positioning system tracking devices for certain sex
(gL) Global positioning system tracking devices for certain violators
14of restraining orders.
All moneys received under s. 301.49 (5) and all moneys received 15
from the global positioning system tracking surcharge on court fines, as authorized 16
under s. 971.37 (1m) (c) 1. or 973.057, for expenditures related to the global 17
positioning system tracking program under s. 301.49. If the unencumbered balance 18
in this appropriation account exceeds $100,000 immediately before the end of any 19
fiscal year, the department of corrections shall transfer the excess to the 20
appropriation account under s. 20.437 (1) (hh) at the end of that fiscal year.
1301.49 Global positioning system tracking for persons who violate
2certain orders or injunctions. (1) Definitions.
In this section:
(a) "Exclusion zone" means a zone in which a person who is tracked using a 4
global positioning system tracking device is prohibited from entering.
(am) "Exclusion zone violation" means entry into an exclusion zone except for 6
purposes of traveling through an exclusion zone to get to another destination, unless 7
the person is prohibited by the department from making such entry
(b) "Global positioning system tracking" means tracking using a system that 9
actively monitors and identifies a person's location and timely reports or records the 10
person's presence in an exclusion zone. "Global positioning system tracking" 11
includes comparable technology.
(c) "Petitioner" means the person who petitioned for the restraining order or 13
injunction that was issued under s. 813.12 or 813.125.
(d) "Restraining order or injunction" means an order or an injunction issued 15
pursuant to s. 813.12 or 813.125.
16(2) Who is covered; duration of coverage.
(a) The department shall maintain 17
global positioning system tracking of a person who is not in jail or in prison and who 18
is ordered by a court to submit to monitoring under s. 813.129 for the duration of the 19
person's period of probation.
(b) The department shall maintain global positioning system tracking of a 21
person who is subject to global positioning system tracking as a condition of extended 22
23(3) Functions and operation of tracking program.
(a) The department shall 24
implement a continuous global positioning tracking system to electronically monitor
the whereabouts of persons who are subject to this section. The system shall do all 2
of the following:
1. Use field monitoring equipment that supports cellular communications with 4
as large a coverage area as possible and shall automatically provide instantaneous 5
information regarding the whereabouts of a person who is being monitored, 6
including information regarding the person's presence in an exclusion zone 7
established under par. (c).
2. Use land line communications equipment to transmit information regarding 9
the location of persons who are subject to this section when they are in areas in which 10
no commercial cellular service is available.
3. Immediately alert the department if the person commits an exclusion zone 12
violation. The department shall immediately notify the law enforcement agency 13
having jurisdiction over the exclusion zone and the petitioner of any exclusion zone 14
(b) The department shall contract with a vendor using a competitive process 16
as described under s. 16.75 to provide staff in this state to install, remove, and 17
maintain equipment related to global positioning system tracking for purposes of 18
this section. The term of the contract may not exceed 3 years.
(c) For each person who is subject to global positioning system tracking under 20
this section, the department shall create an individualized exclusion zone for the 21
person, as necessary to protect the petitioner. In creating an exclusion zone, the 22
department shall consider input from the petitioner and shall include any location 23
that the person is ordered to avoid or enjoined from entering under the restraining 24
order or injunction that the person violated or is alleged to have violated.
1(4) Termination if person moves out of state.
Notwithstanding sub. (2), if a 2
person who is subject to being tracked under this section moves out of state, the 3
department shall terminate the person's tracking. If the person returns to the state 4
during the duration of the restraining order or injunction, the department shall 5
immediately reinstate the person's tracking.
(a) The department shall determine all of the following for each 7
1. The cost of global positioning system tracking for the person.
2. How much of the cost under subd. 1. the person is able to pay based on the 10
factors listed in par. (c).
(b) If required by the department, a person who is subject to global positioning 12
system tracking shall pay for the cost of tracking up to the amount calculated for the 13
person under par. (a) 2. The department shall collect moneys paid by the person 14
under this paragraph and credit those moneys to the appropriation account under 15
s. 20.410 (1) (gL).
(c) In determining how much of the costs the person is able to pay, the 17
department may consider the following:
1. The person's financial resources.