1995 Wisconsin Act 448

448,294 Section 294 . 161.52 of the statutes is renumbered 961.52, and 961.52 (2) (a) 1. and 2., as renumbered, are amended to read:

961.52 (2) (a) 1. Places where persons authorized under s. 161.32 961.32 to possess controlled substances in this state are required by federal law to keep records; and

2. Places including factories, warehouses, establishments and conveyances in which persons authorized under s. 161.32 961.32 to possess controlled substances in this state are permitted by federal law to hold, manufacture, compound, process, sell, deliver or otherwise dispose of any controlled substance.

448,295 Section 295 . 161.53 of the statutes is renumbered 961.53.

448,296 Section 296 . 161.54 of the statutes is renumbered 961.54, and 961.54 (3), as renumbered, is amended to read:

961.54 (3) Cooperate with the bureau by establishing a centralized unit to accept, catalog, file and collect statistics, including records of drug dependent persons and other controlled substance law offenders within the state, and make the information available for federal, state and local law enforcement purposes. It shall not furnish the name or identity of a patient or research subject whose identity could not be obtained under s. 161.335 961.335 (7); and

448,297 Section 297 . 161.55 (title) of the statutes is renumbered 961.55 (title).

448,298 Section 298 . 161.55 (1) of the statutes is renumbered 961.55 (1), and 961.55 (1) (a), (b), (c), (d) (intro.) and 3. and (g), as renumbered, are amended to read:

961.55 (1) (a) All controlled substances or controlled substance analogs which have been manufactured, delivered, distributed, dispensed or acquired in violation of this chapter;.

(b) All raw materials, products and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, distributing, importing or exporting any controlled substance or controlled substance analog in violation of this chapter;.

(c) All property which is used, or intended for use, as a container for property described in pars. (a) and (b); .

(d) (intro.) All vehicles, as defined in s. 939.22 (44), which are used, or intended for use, to transport, or in any manner to facilitate the transportation, for the purpose of sale or receipt of property described in pars. (a) and (b) or for the purpose of transporting any property or weapon used or to be used or received in the commission of any felony under this chapter, but:

3. A vehicle is not subject to forfeiture for a violation of s. 161.41 (3), (3m), (3n), (3p) or (3r) 961.41 (3g) (b), (c), (d) or (e); and

(g) Any drug paraphernalia, as defined in s. 161.571 961.571, used in violation of this chapter.

448,299 Section 299 . 161.55 (2) of the statutes is renumbered 961.55 (2), and 961.55 (2) (intro.), as renumbered, is amended to read:

961.55 (2) (intro.) Property subject to forfeiture under this chapter may be seized by any officer or employe designated in s. 161.51 961.51 (1) or (2) or a law enforcement officer upon process issued by any court of record having jurisdiction over the property. Seizure without process may be made if:

448,300 Section 300 . 161.55 (3) of the statutes is renumbered 961.55 (3), and 961.55 (3) (intro.), as renumbered, is amended to read:

961.55 (3) (intro.) In the event of seizure under sub. (2), proceedings under sub. (4) shall be instituted promptly. All dispositions and forfeitures under this section and ss. 161.555 961.555 and 161.56 961.56 shall be made with due provision for the rights of innocent persons under sub. (1) (d) 1., 2. and 4. Any property seized but not forfeited shall be returned to its rightful owner. Any person claiming the right to possession of property seized may apply for its return to the circuit court for the county in which the property was seized. The court shall order such notice as it deems adequate to be given the district attorney and all persons who have or may have an interest in the property and shall hold a hearing to hear all claims to its true ownership. If the right to possession is proved to the court's satisfaction, it shall order the property returned if:

448,301 Section 301 . 161.55 (4) of the statutes is renumbered 961.55 (4).

448,302 Section 302 . 161.55 (5) of the statutes is renumbered 961.55 (5).

448,303 Section 303 . 161.55 (6) of the statutes is renumbered 961.55 (6) and amended to read:

961.55 (6) Controlled substances listed included in schedule I and controlled substance analogs of controlled substances included in schedule I that are possessed, transferred, sold, offered for sale or attempted to be possessed in violation of this chapter are contraband and shall be seized and summarily forfeited to the state. Controlled substances listed included in schedule I and controlled substance analogs of controlled substances included in schedule I that are seized or come into the possession of the state, the owners of which are unknown, are contraband and shall be summarily forfeited to the state.

448,304 Section 304 . 161.55 (7) of the statutes is renumbered 961.55 (7).

448,305 Section 305 . 161.55 (8) of the statutes is renumbered 961.55 (8) and amended to read:

961.55 (8) The failure, upon demand by any officer or employe designated in s. 161.51 961.51 (1) or (2), of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored, to produce an appropriate federal registration, or proof that the person is the holder thereof, constitutes authority for the seizure and forfeiture of the plants.

448,306 Section 306 . 161.555 of the statutes is renumbered 961.555, and 961.555 (1), (3) and (4) (intro.), as renumbered, are amended to read:

961.555 (1) Type of action; where brought. In an action brought to cause the forfeiture of any property seized under s. 161.55 961.55, the court may render a judgment in rem or against a party personally, or both. The circuit court for the county in which the property was seized shall have jurisdiction over any proceedings regarding the property when the action is commenced in state court. Any property seized may be the subject of a federal forfeiture action.

(3) Burden of proof. The state shall have the burden of satisfying or convincing to a reasonable certainty by the greater weight of the credible evidence that the property is subject to forfeiture under s. 161.55 961.55.

(4) Action against other property of the person. (intro.) The court may order the forfeiture of any other property of a defendant up to the value of property found by the court to be subject to forfeiture under s. 161.55 961.55 if the property subject to forfeiture meets any of the following conditions:

448,307 Section 307 . 161.56 of the statutes is renumbered 961.56.

448,308 Section 308 . 161.565 of the statutes is renumbered 961.565.

448,309 Section 309 . Subchapter VI (title) of chapter 161 [precedes 161.571] of the statutes is renumbered subchapter VI (title) of chapter 961 [precedes 961.571].

448,310 Section 310 . 161.571 of the statutes is renumbered 961.571, and 961.571 (1) (a) (intro.), 1., 2., 4., 5., 6., 8., 9. and 10., as renumbered, are amended to read:

961.571 (1) (a) (intro.) “Drug paraphernalia" means all equipment, products and materials of any kind that are used, designed for use or primarily intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance or controlled substance analog in violation of this chapter. “Drug paraphernalia" includes, but is not limited to, any of the following:

1. Kits used, designed for use or primarily intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant that is a controlled substance or from which a controlled substance or controlled substance analog can be derived.

2. Kits used, designed for use or primarily intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances or controlled substance analogs.

4. Testing equipment used, designed for use or primarily intended for use in identifying, or in analyzing the strength, effectiveness or purity of, controlled substances or controlled substance analogs.

5. Scales and balances used, designed for use or primarily intended for use in weighing or measuring controlled substances or controlled substance analogs.

6. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, designed for use or primarily intended for use in cutting controlled substances or controlled substance analogs.

8. Blenders, bowls, containers, spoons and mixing devices used, designed for use or primarily intended for use in compounding controlled substances or controlled substance analogs.

9. Capsules, balloons, envelopes and other containers used, designed for use or primarily intended for use in packaging small quantities of controlled substances or controlled substance analogs.

10. Containers and other objects used, designed for use or primarily intended for use in storing or concealing controlled substances or controlled substance analogs.

448,311 Section 311 . 161.572 of the statutes is renumbered 961.572, and 961.572 (1) (c) and (d), as renumbered, are amended to read:

961.572 (1) (c) The proximity of the object to controlled substances or controlled substance analogs.

(d) The existence of any residue of controlled substances or controlled substance analogs on the object.

448,312 Section 312 . 161.573 (title) of the statutes is renumbered 961.573 (title).

448,313 Section 313 . 161.573 (1) of the statutes is renumbered 961.573 (1) and amended to read:

961.573 (1) No person may use, or possess with the primary intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance or controlled substance analog in violation of this chapter. Any person who violates this section may be fined not more than $500 or imprisoned for not more than 30 days or both.

448,314 Section 314 . 161.573 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 961.573 (2).

448,315 Section 315 . 161.574 (title) of the statutes is renumbered 961.574 (title).

448,316 Section 316 . 161.574 (1) of the statutes is renumbered 961.574 (1) and amended to read:

961.574 (1) No person may deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing that it will be primarily used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance or controlled substance analog in violation of this chapter. Any person who violates this section may be fined not more than $1,000 or imprisoned for not more than 90 days or both.

448,317 Section 317 . 161.574 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 961.574 (2).

448,318 Section 318 . 161.575 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 961.575, and 961.575 (1), as renumbered, is amended to read:

961.575 (1) Any person 17 years of age or over who violates s. 161.574 961.574 by delivering drug paraphernalia to a person 17 years of age or under who is at least 3 years younger than the violator may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

448,319 Section 319 . 161.576 of the statutes is renumbered 961.576.

448,320 Section 320 . 161.577 of the statutes is renumbered 961.577 and amended to read:

961.577 Municipal ordinances. Nothing in this subchapter precludes a city, village or town from prohibiting conduct that is the same as that prohibited by s. 161.573 961.573 (2), 161.574 961.574 (2) or 161.575 961.575 (2).

448,321 Section 321 . Subchapter VII (title) of chapter 161 [precedes 161.61] of the statutes is renumbered subchapter VII (title) of chapter 961 [precedes 961.61].

448,322 Section 322 . 161.61 of the statutes is renumbered 961.61.

448,323 Section 323 . 161.62 of the statutes is renumbered 961.62.

448,324 Section 324 . 165.70 (1) (b) of the statutes is amended to read:

165.70 (1) (b) Enforce chs. 161 and 945 and 961 and ss. 940.20 (3), 941.25 to 941.27, 943.01 (2) (c), 943.27, 943.28, 943.30, 944.30, 944.31, 944.32, 944.33, 944.34, 946.65, 947.02 (3) and (4) and 948.08.

448,325 Section 325 . 165.72 (3) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

165.72 (3) Reward payment program. The department shall administer a reward payment program. Under the program, the department may offer and pay rewards from the appropriation under s. 20.455 (2) (e) for information under sub. (2) (a) leading to the arrest and conviction of a person for a violation of ch. 161 961.

448,326 Section 326 . 165.83 (2) (a) 2. of the statutes is amended to read:

165.83 (2) (a) 2. For an offense which is a misdemeanor or a violation of an ordinance involving burglary tools, commercial gambling, dealing in gambling devices, contributing to the delinquency of a child, dealing in stolen property, controlled substances or controlled substance analogs under ch. 161 961, firearms, dangerous weapons, explosives, pandering, prostitution, sex offenses where children are victims, or worthless checks.

448,327 Section 327 . 302.11 (1g) (a) 1. of the statutes is amended to read:

302.11 (1g) (a) 1. Any felony under s. 161.41 961.41 (1), (1m) or (1x) if the felony is punishable by a maximum prison term of 30 years or more.

448,328 Section 328 . 302.11 (1p) of the statutes is amended to read:

302.11 (1p) An inmate serving a term subject to s. 161.49 961.49 (2) is entitled to mandatory release, except the inmate may not be released before he or she has complied with s. 161.49 961.49 (2).

448,329 Section 329 . 302.375 (1) (b) of the statutes is amended to read:

302.375 (1) (b) Wilfully permits a prisoner to have any controlled substance, controlled substance analog or intoxicating liquor.

448,330 Section 330 . 302.375 (4) (a) of the statutes is amended to read:

302.375 (4) (a) “Controlled substance" has the meaning designated for the term given in s. 161.01 961.01 (4).

448,331 Section 331 . 302.375 (4) (am) of the statutes is created to read:

302.375 (4) (am) “Controlled substance analog" has the meaning given in s. 961.01 (4m).

448,332 Section 332 . 304.06 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 27, section 6405, is amended to read:

304.06 (1) (b) Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3), 961.49 (2) or 973.0135, the parole commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25% of the sentence imposed for the offense, or 6 months, whichever is greater. Except as provided in s. 939.62 (2m) or 973.014, the parole commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension using the formulas under s. 302.11 (2). The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing.

448,333 Section 333 . 304.06 (1) (b) of the statutes, as affected by 1995 Wisconsin Acts 77 and .... (this act), is repealed and recreated to read:

304.06 (1) (b) Except as provided in sub. (1m) or s. 302.045 (3), 961.49 (2) or 973.0135, the parole commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25% of the sentence imposed for the offense, or 6 months, whichever is greater. The parole commission may parole a participant in the serious juvenile offender program under s. 938.538 when he or she has participated in that program for 2 years. Except as provided in s. 939.62 (2m) or 973.014, the parole commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension using the formulas under s. 302.11 (2). The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing.

448,334 Section 334 . 304.06 (4) (a) of the statutes is amended to read:

304.06 (4) (a) If any person convicted of a misdemeanor or traffic offense, any person convicted of a criminal offense and sentenced to 2 years or less in a house of correction or any person committed to a house of correction for treatment and rehabilitation for addiction to a controlled substance or controlled substance analog under ch. 161 961, during the period of confinement or treatment appears to have been rehabilitated or cured to the extent, in the opinion of the superintendent of the house of correction or the person in charge of treatment and rehabilitation of a prisoner at that institution, that the prisoner may be released, the prisoner may be released upon conditional parole. Before a person is released on conditional parole under this paragraph, the superintendent or person in charge of treatment and rehabilitation shall so notify the municipal police department and county sheriff for the area where the person will be residing. The notification requirement does not apply if a municipal department or county sheriff submits to the department a written statement waiving the right to be notified.

448,335 Section 335 . 304.071 (2) of the statutes, as affected by 1995 Wisconsin Act 48, is amended to read:

304.071 (2) If a prisoner is not eligible for parole under s. 161.49 (2), 939.62 (2m), 961.49 (2), 973.014 (1) (c) or 973.032 (5), he or she is not eligible for parole under this section.

448,336 Section 336 . 340.01 (9m) of the statutes is amended to read:

340.01 (9m) “Controlled substance" has the meaning specified for the term given in s. 161.01 961.01 (4).

448,337 Section 337 . 340.01 (9n) of the statutes is created to read:

340.01 (9n) “Controlled substance analog" has the meaning given in s. 961.01 (4m).