Amendment AA1-AB342

LRBa0733/1

JEO:kaf:ijs

1997 - 1998 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO 1997 ASSEMBLY BILL 342

October 28, 1997 - Offered by Committee on Judiciary.

AB342-AA1,1,1 At the locations indicated, amend the bill as follows:

AB342-AA1,1,2 1. Page 5, line 8: after that line insert:

AB342-AA1,1,3 " Section 1b. 51.37 (10) (dg) of the statutes is amended to read:

AB342-AA1,1,6 51.37 (10) (dg) If the department grants a patient an extended home visit or leave under this subsection, the department shall notify do all of the following, if they can be found, in accordance with par. (dm):

AB342-AA1,1,7 1. The Notify the office of the judge who committed the patient.

AB342-AA1,1,9 2. The Notify the office of the district attorney who participated in the commitment proceedings.

AB342-AA1,1,13 3. The Make a reasonable effort to notify the victim of the crime committed by the patient or, if the victim died as a result of the crime, an adult member of the victim's family or, if the victim is younger than 18 years old, the victim's parent or legal guardian, after the submission of a card under par. (dx) requesting notification.

AB342-AA1, s. 1g Section 1g. 301.046 (4) (b) (intro.) of the statutes is amended to read:

AB342-AA1,2,6 301.046 (4) (b) (intro.) Before a prisoner is confined under sub. (1) for a violation of s. 940.03, 940.05, 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06 or 948.07, the department shall make a reasonable effort attempt to notify all of the following persons, if they can be found, in accordance with par. (c) and after receiving a completed card under par. (d):

AB342-AA1, s. 1h Section 1h. 301.048 (4m) (b) (intro.) of the statutes is amended to read:

AB342-AA1,2,13 301.048 (4m) (b) (intro.) As soon as possible after a prisoner, probationer or parolee who has violated s. 940.03, 940.05, 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06 or 948.07 enters the intensive sanctions program, the department shall make a reasonable effort attempt to notify all of the following persons, if they can be found, in accordance with par. (c) and after receiving a completed card under par. (d):

AB342-AA1, s. 1i Section 1i. 301.38 (2) (intro.) of the statutes is amended to read:

AB342-AA1,2,18 301.38 (2) (intro.)  If a prisoner escapes from a Type 1 prison, the department shall make a reasonable effort attempt to notify all of the following persons, if they can be found, in accordance with sub. (3) and after receiving a completed card under sub. (4):

AB342-AA1, s. 1j Section 1j. 301.46 (3) (b) of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB342-AA1,3,2 301.46 (3) (b) When a person is registered under s. 301.45 (2) or when the person informs the department of a change in information under s. 301.45 (4), the department shall make a reasonable effort to notify the victim or a member of the victim's family who has, according to the records of the department or the information provided under par. (d), requested to be notified about a person required to register under s. 301.45.

AB342-AA1, s. 1k Section 1k. 302.115 (2) (intro.) of the statutes is amended to read:

AB342-AA1,3,9 302.115 (2) (intro.)  Before an inmate who is in a prison serving a sentence for a violation of s. 940.01, 940.03, 940.05, 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06 or 948.07 is released from imprisonment because he or she has reached the expiration date of his or her sentence, the department shall make a reasonable effort attempt to notify all of the following persons, if they can be found, in accordance with sub. (3) and after receiving a completed card under sub. (4):

AB342-AA1, s. 1L Section 1L. 303.068 (4m) (b) (intro.) of the statutes is amended to read:

AB342-AA1,3,15 303.068 (4m) (b) (intro.) Before an inmate who is imprisoned for a violation of s. 940.01, 940.03, 940.05, 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06 or 948.07 is released on leave under this section, the department shall make a reasonable effort attempt to notify all of the following persons, if they can be found, in accordance with par. (c) and after receiving a completed card under par. (d):

AB342-AA1, s. 1m Section 1m. 304.06 (1) (c) (intro.) of the statutes is amended to read:

AB342-AA1,3,19 304.06 (1) (c) (intro.) If an inmate applies for parole under this subsection, the parole commission shall make a reasonable attempt to notify the following, if they can be found, in accordance with par. (d):

AB342-AA1, s. 1n Section 1n. 304.063 (2) (intro.) of the statutes is amended to read:

AB342-AA1,3,25 304.063 (2) (intro.)  Before a prisoner is released on parole under s. 302.11, 304.02 or 304.06, if applicable, for a violation of s. 940.01, 940.03, 940.05, 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06 or 948.07, the department shall make a reasonable effort attempt to notify all of the following persons, if they can be found, in accordance with sub. (3) and after receiving a completed card under sub. (4):

AB342-AA1, s. 1p Section 1p. 304.09 (3) of the statutes is amended to read:

AB342-AA1,4,15 304.09 (3) The notice shall inform the persons under sub. (2) of the manner in which they may provide written statements or participate in any applicable hearing. The applicant shall serve notice on the persons under sub. (2) (a) and (b) and the at least 3 weeks before the hearing of the application. The governor shall make a reasonable attempt to serve notice on the person under sub. (2) (c). Each such notice shall be served at least 3 weeks before the hearing of the application. The notice shall be published at least once each week for 2 successive weeks before the hearing in a newspaper of general circulation in the county where the offense was committed. If there is no such newspaper, the notice shall be posted in a conspicuous place on the door of the courthouse of the county for 3 weeks before the hearing and published once each week for 2 consecutive weeks before the hearing in a newspaper published in an adjoining county. Publication as required in this subsection shall be completed by a date designated by the governor. The date shall be a reasonable time prior to the hearing date.".

AB342-AA1,4,16 2. Page 9, line 12: after "shall" insert "make a reasonable".

AB342-AA1,4,17 3. Page 9, line 18: after "shall" insert "make a reasonable attempt to".

AB342-AA1,4,18 4. Page 12, line 19: delete "par. (am) and" and substitute "par. (am),".

AB342-AA1,4,20 5. Page 12, line 20: after "subd. 2." insert "and whether he or she has complied with s. 938.27 (4m)".

AB342-AA1,4,21 6. Page 13, line 3: after "shall" insert "make a reasonable".

AB342-AA1,4,23 7. Page 14, line 9: after "par. (b)" insert "and whether he or she has complied with s. 938.27 (4m)".

AB342-AA1,4,24 8. Page 14, line 16: after "shall" insert "make a reasonable".

AB342-AA1,5,1 9. Page 16, line 10: after "shall" insert "make a reasonable attempt to".

AB342-AA1,5,2 10. Page 16, line 16: after "shall" insert "make a reasonable attempt to".

AB342-AA1,5,3 11. Page 19, line 7: after that line insert:

AB342-AA1,5,4 " Section 39t. 938.51 (1) (intro.) of the statutes is amended to read:

AB342-AA1,5,9 938.51 (1) (intro.)  At least 15 days prior to the date of release of a juvenile from a secured correctional facility or a secured child caring institution and at least 15 days prior to the release of a juvenile from the supervision of the department or a county department, the department or county department having supervision over the juvenile shall make a reasonable attempt to do all of the following:".

AB342-AA1,5,10 12. Page 20, line 9: after that line insert:

AB342-AA1,5,11 " Section 42x. 938.51 (4) (intro.) of the statutes is amended to read:

AB342-AA1,5,15 938.51 (4) (intro.)  If a juvenile escapes in violation of s. 946.42 (3), as soon as possible after the department or county department having supervision over the juvenile discovers that escape, that department or county department shall make a reasonable effort attempt to notify by telephone all of the following persons:".

AB342-AA1,5,17 13. Page 23, line 11: delete "be notified" and substitute "have the parole commission make a reasonable attempt to notify the victim".

AB342-AA1,5,19 14. Page 23, line 12: delete "be notified" and substitute "have reasonable attempts made to notify the victim".

AB342-AA1,5,20 15. Page 23, line 23: after "applicable," insert "make a reasonable".

AB342-AA1,5,21 16. Page 24, line 9: before "attempt" insert "make a reasonable".

AB342-AA1,5,23 17. Page 24, line 24: delete "notification by district attorneys" and substitute "have district attorneys make a reasonable attempt to notify the victim".

AB342-AA1,6,3 18. Page 25, line 1: delete "notification by the department of corrections" and substitute "have the department of corrections make a reasonable attempt to notify the victim".