AB130-AA26,51,238
946.42
(1) (a) "Custody" includes without limitation actual custody of an
9institution, including a secured juvenile correctional facility, a secure detention
10facility, as defined under s. 48.02 (16), or a juvenile portion of a county jail, or of a
11peace officer or institution guard and constructive custody of prisoners and juveniles
12subject to an order under s. 48.34 (4m), 48.357 (4) or (5) (e) or 48.366 temporarily
13outside the institution whether for the purpose of work, school, medical care, a leave
14granted under s. 303.068, a temporary leave or furlough granted to a juvenile or
15otherwise. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the
16county to which the prisoner was transferred after conviction. "Custody" also
17includes the custody by the department of health and social services of a child who
18is placed in the community under corrective sanctions supervision under s. 48.533
19and custody by the department of corrections of a person who is placed in the
20community under youthful offender supervision under s. 48.537. It does not include
21the custody of a probationer or parolee by the department of corrections or a
22probation or parole officer or the custody of a person who has been released to
23aftercare supervision under ch. 48 unless the person is in actual custody.
AB130-AA26, s. 587p
1Section 587p. 946.42 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts
2377 and 385 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
AB130-AA26,52,153
946.42
(1) (a) "Custody" includes without limitation actual custody of an
4institution, including a secured juvenile correctional facility, a secured child caring
5institution, as defined in s. 938.02 (15g), a secure detention facility, as defined under
6s. 938.02 (16), or a juvenile portion of a county jail, or of a peace officer or institution
7guard and constructive custody of prisoners and juveniles subject to an order under
8s. 48.366, 938.183, 938.34 (4h) or (4m) or 938.357 (4) or (5) (e) temporarily outside
9the institution whether for the purpose of work, school, medical care, a leave granted
10under s. 303.068, a temporary leave or furlough granted to a juvenile or otherwise.
11Under s. 303.08 (6) it means, without limitation, that of the sheriff of the county to
12which the prisoner was transferred after conviction. It does not include the custody
13of a probationer or parolee by the department of corrections or a probation or parole
14officer or the custody of a person who has been released to aftercare supervision
15under ch. 48 unless the person is in actual custody.".
AB130-AA26,52,18
17"
Section 591m. 946.42 (3) (c) of the statutes, as affected by 1993 Wisconsin
18Acts 377 and 385, is amended to read:
AB130-AA26,52,2019
946.42
(3) (c) Subject to a disposition under s. 48.34
(4g) or (4m), to a placement
20under s. 48.357 (4) or to aftercare revocation under s. 48.357 (5) (e).
AB130-AA26, s. 591p
21Section 591p. 946.42 (3) (c) of the statutes, as affected by 1993 Wisconsin Acts
22377 and 385 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
AB130-AA26,52,2423
946.42
(3) (c) Subject to a disposition under s. 938.34 (4h) or (4m), to a
24placement under s. 938.357 (4) or to aftercare revocation under s. 938.357 (5) (e).
AB130-AA26, s. 593m
1Section 593m. 946.44 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts
2377 and 486, is amended to read:
AB130-AA26,53,63
946.44
(1) (a) Any officer or employe of an institution where prisoners are
4detained or any officer or employe providing corrective sanctions supervision under
5s. 48.533
or youthful offender supervision under s. 48.537 who intentionally permits
6a prisoner in the officer's or employe's custody to escape; or
AB130-AA26, s. 593p
7Section 593p. 946.44 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts
8377 and 486 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
AB130-AA26,53,119
946.44
(1) (a) Any officer or employe of an institution where prisoners are
10detained who intentionally permits a prisoner in the officer's or employe's custody
11to escape; or".
AB130-AA26,53,15
14"
Section 595m. 946.44 (2) (d) of the statutes, as affected by 1993 Wisconsin
15Acts 377, 385 and 491, is amended to read:
AB130-AA26,53,1916
946.44
(2) (d)
"Prisoner" includes a person who is
committed to the custody of
17the department of corrections under s. 48.34 (4g) or placed in a secured correctional
18facility under s. 48.34 (4m) or 48.357 (4) or (5) (e) or who is subject to an order under
19s. 48.366.
AB130-AA26, s. 595p
20Section 595p. 946.44 (2) (d) of the statutes, as affected by 1993 Wisconsin Acts
21377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to
22read:
AB130-AA26,54,223
946.44
(2) (d) "Prisoner" includes a person who is committed to the supervision
24of the department of corrections under s. 938.34 (4h) or placed in a secured
1correctional facility under s. 938.34 (4m) or 938.357 (4) or (5) (e) or who is subject to
2an order under s. 48.366.
AB130-AA26,54,95
946.45
(1) Any officer or employe of an institution where prisoners are detained
6or any officer or employe providing corrective sanctions supervision under s. 48.533
7or youthful offender supervision under s. 48.537 who, through his or her neglect of
8duty, allows a prisoner in his or her custody to escape is guilty of a Class B
9misdemeanor.
AB130-AA26,54,1412
946.45
(1) Any officer or employe of an institution where prisoners are detained
13who, through his or her neglect of duty, allows a prisoner in his or her custody to
14escape is guilty of a Class B misdemeanor.".
AB130-AA26,54,17
16"
Section 598m. 946.45 (2) (d) of the statutes, as affected by 1993 Wisconsin
17Acts 377, 385 and 491, is amended to read:
AB130-AA26,54,2118
946.45
(2) (d) "Prisoner" includes a person who is
committed to the custody of
19the department of corrections under s. 48.34 (4g) or placed in a secured correctional
20facility under s. 48.34 (4m) or 48.357 (4) or (5) (e) or who is subject to an order under
21s. 48.366.
AB130-AA26, s. 598p
22Section 598p. 946.45 (2) (d) of the statutes, as affected by 1993 Wisconsin Acts
23377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to
24read:
AB130-AA26,55,4
1946.45
(2) (d) "Prisoner" includes a person who is committed to the supervision
2of the department of corrections under s. 938.34 (4h) or placed in a secured
3correctional facility under s. 938.34 (4m) or 938.357 (4) or (5) (e) or who is subject to
4an order under s. 48.366.".
AB130-AA26,55,6
6"48.366
or 938.183".
AB130-AA26,55,16
11(1g) Transfer of juvenile delinquency-
related services. The legislative
12reference bureau shall draft and submit to the appropriate standing committees and
13to the joint committee on finance legislation to transfer the administration of all
14juvenile delinquency-related services currently administered by the division of
15youth services in the department of health and social services to the department of
16corrections effective on July 1, 1996.".
AB130-AA26,55,24
18"
(10g) Age of adult criminal jurisdiction. The treatment of sections 48.02 (1)
19and (2), 48.45 (3), 161.455 (1), 161.46 (1), (2) and (3), 161.575 (1), 948.01 (1), 948.35
20(1) (a), 948.36 (1), 948.45 (1), 948.60 (title), (2) and (3), 948.61 (4) and 990.01 (3) and
21(20) of the statutes and the amendment of sections 48.02 (3m), 48.12 (1) and (2),
2248.255 (1) (intro.), 48.34 (10) (a), 48.35 (1) (c), 48.355 (4) (b), 48.39 and 48.45 (1) (a)
23of the statutes first applies to violations that occur on the effective date of this
24subsection.".
AB130-AA26,56,3
2"
Section 9400.
Effective dates. This act takes effect on July 1, 1996, or on
3the day after publication, whichever is later, except as follows:
AB130-AA26,56,8
4(1g) Miscellaneous provisions. The treatment of sections 20.005 (3)
5(schedule), 20.435 (3) (au), (bg) and (c), 46.025, 46.26 (4) (d) 3., 48.275 (2) (b), 59.175
6and 60.23 (22m) of the statutes, the amendment of sections 48.275 (2) (a) (by
Section 7190m) and 48.505 (by
Section 343m) of the statutes and
Section 9137 (1g) of this act
8take effect on July 1, 1995, or on the day after publication, whichever is later.
AB130-AA26,56,23
9(2g) Youthful offender program. The treatment of sections 20.410 (1) (am),
1020.435 (3) (k), 46.03 (6) (a), 46.26 (4) (dr), 48.18 (2m), 48.33 (3m), 48.34 (4g), 48.537
11and 301.03 (9m) of the statutes and the amendment of sections 20.435 (3) (hm) (by
12Section 11m), 46.26 (3) (d) (by
Section 41m) and (4) (a) (by
Section 43m), (b) 1. (by
13Section 44m), (c) (by
Section 45m) and (cm) 1. (by
Section 46m), 48.02 (15m) (by
14Section 77m), 48.065 (3) (f) (by
Section 92m), 48.18 (5) (c) (by
Section 115g), 48.19
15(1) (d) 6., (by
Section 119m), 48.205 (1) (c) (by
Section 135m), 48.208 (1) (by
Section 16135r), 48.23 (1) (a) (by
Section 148m), 48.345 (1) (a) (by
Section 273m), 48.355 (4)
17(a) (by
Section 288m) and (b) (by
Section 288r), 48.365 (7) (by
Section 303m), 48.38
18(3) (a) (by
Section 309m), 48.49 (by
Section 341m), 48.51 (1) (intro.) (by
Section 19345d), 48.78 (3) (by
Section 370m), 118.125 (4) (by
Section 427m), 227.03 (4) (by
20Section 494m), 301.28 (1) (by
Section 513m), 304.06 (1) (b) (by
Section 527m),
21946.42 (1) (a) (by
Section 587m) and (3) (c) (by
Section 591m), 946.44 (1) (a) (by
22Section 593m) and (2) (d) (by
Section 595m) and 946.45 (1) (by
Section 596m) and
23(2) (d) (by
Section 598m) of the statutes take effect on December 1, 1995.
AB130-AA26,57,3
1(3g) Extended jurisdiction. The treatment of section 48.366 (1) (a) (intro.), (b)
2and (c) of the statutes takes effect on January 1, 1996, or on the day after publication,
3whichever is later.
AB130-AA26,57,17
4(4g) Age of adult criminal jurisdiction. The treatment of sections 46.26 (7)
5(b) 2., 48.02 (1) and (2), 48.366 (8), 48.44 (title) and (1), 48.45 (3), 48.48 (4m) (a),
6161.455 (1), 161.46 (1), (2) and (3), 161.575 (1), 948.01 (1), 948.35 (1) (a), 948.36 (1),
7948.45 (1), 948.60 (title), (2) and (3), 948.61 (4) and 990.01 (3) and (20) and
8subchapter IX (title) of chapter 48 of the statutes, the repeal and recreation of
9sections 46.26 (4) (a) (by
Section 43n) and 48.355 (4) (b) (by
Section 288t) of the
10statutes, the amendment of sections 20.410 (1) (hx) (by
Section 6m), 48.02 (3m) (by
11Section 75m), 48.12 (1) (by
Section 103m) and (2) (by
Section 103p), 48.255 (1)
12(intro.) (by
Section 177m), 48.34 (10) (a) (by
Section 263m), 48.35 (1) (c) (by
Section 13284m), 48.39 (by
Section 311m), 48.396 (1) (by
Section 312m), 48.45 (1) (a) (by
14Section 328p), 48.48 (4m) (b) (by
Section 336m) and (14) (by
Section 340m), 161.573
15(2) (by
Section 477m), 161.574 (2) (by
Section 478m), 161.575 (2) (by
Section 480m)
16and 302.31 (by
Section 521m) of the statutes and
Section 9310 (10g) of this act take
17effect on January 1, 1996, or on the day after publication, whichever is later.".