SB345-SSA1,90,2423
765.30
(1) (intro.) The following shall be fined not less than $200 nor more
24than $1,000
, or imprisoned
for not more than
one year, 2 years or both:
SB345-SSA1,91,2
1765.30
(2) (intro.) The following shall be fined not less than $100 nor more
2than $1,000
, or imprisoned
for not more than
one year, 2 years or both:
SB345-SSA1,91,6
4768.07 Penalty. Any person who violates any provision of this chapter may
5be fined not less than $100 nor more than $1,000 or imprisoned for not more than
one
6year, 2 years or both.
SB345-SSA1,91,15
8783.07 Fine or imprisonment. Whenever a peremptory mandamus shall be
9directed to any public officer, body, board or person, commanding the performance
10of any duty specially enjoined by law, if it shall appear to the court that such officer
11or person or any member of such body or board has, without just excuse, refused or
12neglected to perform the duty so enjoined the court may impose a fine, not exceeding
13$5,000, upon every such officer, person or member of such body or board, or sentence
14the officer, person or member to imprisonment for
a term not
exceeding 5 more than
157 years
and 6 months.
SB345-SSA1,91,2017
801.50
(5) Venue of an action to review a probation
, extended supervision or
18parole revocation or a refusal of parole by certiorari shall be the county in which the
19relator was last convicted of an offense for which the relator was on probation
,
20extended supervision or parole or for which the relator is currently incarcerated.
SB345-SSA1,92,523
938.183
(3) When a juvenile who is subject to a criminal penalty under sub.
24(1m) or (2) attains the age of 17 years, the department may place the juvenile in a
25state prison named in s. 302.01. If a juvenile who is subject to a criminal penalty
1under sub. (1m) or (2) is 15 years of age or over, the department may transfer the
2juvenile to the Racine youthful offender correctional facility named in s. 302.01 as
3provided in s. 938.357 (4) (d). A juvenile who is subject to a criminal penalty under
4sub. (1m) or (2)
for an act committed before July 1, 1999, is eligible for parole under
5s. 304.06.
SB345-SSA1,92,87
938.78
(2) (d) 5. On parole under s. 302.11 or ch. 304
or on extended supervision
8under s. 302.113 or 302.114.
SB345-SSA1,93,210
938.991
(1) Article I - Findings and Purposes. That juveniles who are not
11under proper supervision and control, or who have absconded, escaped or run away,
12are likely to endanger their own health, morals and welfare, and the health, morals
13and welfare of others. The cooperation of the states party to this compact is therefore
14necessary to provide for the welfare and protection of juveniles and of the public with
15respect to (1) cooperative supervision of delinquent juveniles on probation
, extended
16supervision or parole; (2) the return, from one state to another, of delinquent
17juveniles who have escaped or absconded; (3) the return, from one state to another,
18of nondelinquent juveniles who have run away from home; and (4) additional
19measures for the protection of juveniles and of the public, which any 2 or more of the
20party states may find desirable to undertake cooperatively. In carrying out the
21provisions of this compact the party states shall be guided by the noncriminal,
22reformative and protective policies which guide their laws concerning delinquent,
23neglected or dependent juveniles generally. It shall be the policy of the states party
24to this compact to cooperate and observe their respective responsibilities for the
25prompt return and acceptance of juveniles and delinquent juveniles who become
1subject to the provisions of this compact. The provisions of this compact shall be
2reasonably and liberally construed to accomplish the foregoing purposes.
SB345-SSA1,93,54
938.991
(3) (c) "Probation
, extended supervision or parole" means any kind of
5conditional release of juveniles authorized under the laws of the states party hereto.
SB345-SSA1,94,167
938.991
(5) (a) That the appropriate person or authority from whose probation
,
8extended supervision or parole supervision a delinquent juvenile has absconded or
9from whose institutional custody the delinquent juvenile has escaped shall present
10to the appropriate court or to the executive authority of the state where the
11delinquent juvenile is alleged to be located a written requisition for the return of the
12delinquent juvenile. The requisition shall state the name and age of the delinquent
13juvenile, the particulars of that person's adjudication as a delinquent juvenile, the
14circumstances of the breach of the terms of the delinquent juvenile's probation
,
15extended supervision or parole or of the delinquent juvenile's escape from an
16institution or agency vested with legal custody or supervision of the delinquent
17juvenile, and the location of the delinquent juvenile, if known, at the time the
18requisition is made. The requisition shall be verified by affidavit, shall be executed
19in duplicate, and shall be accompanied by 2 certified copies of the judgment, formal
20adjudication, or order of commitment which subjects the delinquent juvenile to
21probation
, extended supervision or parole or to the legal custody of the institution or
22agency concerned. Further affidavits and other documents as may be deemed proper
23may be submitted with the requisition. One copy of the requisition shall be filed with
24the compact administrator of the demanding state, there to remain on file subject to
25the provisions of law governing records of the appropriate court. Upon the receipt
1of a requisition demanding the return of a delinquent juvenile who has absconded
2or escaped, the court or the executive authority to whom the requisition is addressed
3shall issue an order to any peace officer or other appropriate person directing that
4person to take into custody and detain the delinquent juvenile. The detention order
5must substantially recite the facts necessary to the validity of its issuance hereunder.
6No delinquent juvenile detained upon a detention order shall be delivered over to the
7officer whom the appropriate person or authority demanding the delinquent juvenile
8shall have appointed to receive the delinquent juvenile, unless the delinquent
9juvenile shall first be taken forthwith before a judge of an appropriate court in the
10state, who shall inform the delinquent juvenile of the demand made for the return
11of the delinquent juvenile and who may appoint counsel or guardian ad litem for the
12delinquent juvenile. If the judge shall find that the requisition is in order, the judge
13shall deliver the delinquent juvenile over to the officer whom the appropriate person
14or authority demanding shall have appointed to receive the delinquent juvenile. The
15judge, however, may fix a reasonable time to be allowed for the purpose of testing the
16legality of the proceeding.
SB345-SSA1,95,1918
938.991
(5) (am) Upon reasonable information that a person is a delinquent
19juvenile who has absconded while on probation
, extended supervision or parole, or
20escaped from an institution or agency vested with legal custody or supervision of the
21person in any state party to this compact, the person may be taken into custody in
22any other state party to this compact without a requisition. In that event, the person
23must be taken forthwith before a judge of the appropriate court, who may appoint
24counsel or guardian ad litem for the person and who shall determine, after a hearing,
25whether sufficient cause exists to hold the person subject to the order of the court for
1a time, not exceeding 90 days, as will enable the person's detention under a detention
2order issued on a requisition pursuant to this subsection. If, at the time when a state
3seeks the return of a delinquent juvenile who has either absconded while on
4probation
, extended supervision or parole or escaped from an institution or agency
5vested with legal custody or supervision of the delinquent juvenile, there is pending
6in the state wherein the delinquent juvenile is detained any criminal charge or any
7proceeding to have the delinquent juvenile adjudicated a delinquent juvenile for an
8act committed in that state, or if the delinquent juvenile is suspected of having
9committed within such state a criminal offense or an act of juvenile delinquency, the
10delinquent juvenile shall not be returned without the consent of that state until
11discharged from prosecution or other form of proceeding, imprisonment, detention
12or supervision for such offense or juvenile delinquency. The duly accredited officers
13of any state party to this compact, upon the establishment of the officers' authority
14and the identity of the delinquent juvenile being returned, shall be permitted to
15transport the delinquent juvenile through any and all states party to this compact,
16without interference. Upon the return of the delinquent juvenile to the state from
17which the delinquent juvenile escaped or absconded, the delinquent juvenile shall
18be subject to such further proceedings as may be appropriate under the laws of that
19state.
SB345-SSA1,96,2121
938.991
(6) Article VI - Voluntary Return Procedure. That any delinquent
22juvenile who has absconded while on probation
, extended supervision or parole, or
23escaped from an institution or agency vested with legal custody or supervision of the
24delinquent juvenile in any state party to this compact, and any juvenile who has run
25away from any state party to this compact, who is taken into custody without a
1requisition in another state party to this compact under sub. (4) (a) or (5) (a), may
2consent to his or her immediate return to the state from which the juvenile or
3delinquent juvenile absconded, escaped or ran away. Consent shall be given by the
4juvenile or delinquent juvenile and his or her counsel or guardian ad litem, if any,
5by executing or subscribing a writing, in the presence of a judge of the appropriate
6court, which states that the juvenile or delinquent juvenile and his or her counsel or
7guardian ad litem, if any, consent to the return of the juvenile or delinquent juvenile
8to the demanding state. Before the consent shall be executed or subscribed, however,
9the judge, in the presence of counsel or guardian ad litem, if any, shall inform the
10juvenile or delinquent juvenile of his or her rights under this compact. When the
11consent has been duly executed, it shall be forwarded to and filed with the compact
12administrator of the state in which the court is located and the judge shall direct the
13officer having the juvenile or delinquent juvenile in custody to deliver the juvenile
14or delinquent juvenile to the duly accredited officer or officers of the state demanding
15the return of the juvenile or delinquent juvenile, and shall cause to be delivered to
16the officer or officers a copy of the consent. The court may, however, upon the request
17of the state to which the juvenile or delinquent juvenile is being returned, order the
18juvenile or delinquent juvenile to return unaccompanied to that state and shall
19provide the juvenile or delinquent juvenile with a copy of the court order; in that
20event a copy of the consent shall be forwarded to the compact administrator of the
21state to which the juvenile or delinquent juvenile is ordered to return.
SB345-SSA1,96,2423
938.991
(7) (title)
Article VII - Cooperative Supervision of Probationers,
24Persons on extended supervision and Parolees.
SB345-SSA1,97,18
1938.991
(7) (a) That the duly constituted judicial and administrative
2authorities of a state party to this compact (herein called "sending state") may permit
3any delinquent juvenile within such state, placed on probation
, extended supervision 4or parole, to reside in any other state party to this compact (herein called "receiving
5state") while on probation
, extended supervision or parole, and the receiving state
6shall accept such delinquent juvenile, if the parent, guardian or person entitled to
7the legal custody of such delinquent juvenile is residing or undertakes to reside
8within the receiving state. Before granting such permission, opportunity shall be
9given to the receiving state to make such investigations as it deems necessary. The
10authorities of the sending state shall send to the authorities of the receiving state
11copies of pertinent court orders, social case studies and all other available
12information which may be of value to and assist the receiving state in supervising
13a probationer
or, parolee
or person under extended supervision under this compact.
14A receiving state, in its discretion, may agree to accept supervision of a probationer
15or, parolee
or person under extended supervision in cases where the parent, guardian
16or person entitled to legal custody of the delinquent juvenile is not a resident of the
17receiving state, and if so accepted the sending state may transfer supervision
18accordingly.
SB345-SSA1,97,2420
938.991
(7) (b) That each receiving state will assume the duties of visitation
21and of supervision over any such delinquent juvenile and in the exercise of those
22duties will be governed by the same standards of visitation and supervision that
23prevail for its own delinquent juveniles released on probation
, extended supervision 24or parole.
SB345-SSA1,98,20
1938.991
(7) (c) That, after consultation between the appropriate authorities of
2the sending state and of the receiving state as to the desirability and necessity of
3returning such a delinquent juvenile, the duly accredited officers of a sending state
4may enter a receiving state and there apprehend and retake any such delinquent
5juvenile on probation
, extended supervision or parole. For that purpose, no
6formalities will be required, other than establishing the authority of the officer and
7the identity of the delinquent juvenile to be retaken and returned. The decision of
8the sending state to retake a delinquent juvenile on probation
, extended supervision 9or parole shall be conclusive upon and not reviewable within the receiving state, but
10if, at the time the sending state seeks to retake a delinquent juvenile on probation
,
11extended supervision or parole, there is pending against the delinquent juvenile
12within the receiving state any criminal charge or any proceeding to have the
13delinquent juvenile adjudicated a delinquent juvenile for any act committed in that
14state, or if the delinquent juvenile is suspected of having committed within that state
15a criminal offense or an act of juvenile delinquency, the delinquent juvenile shall not
16be returned without the consent of the receiving state until discharged from
17prosecution or other form of proceeding, imprisonment, detention or supervision for
18such offense or juvenile delinquency. The duly accredited officers of the sending state
19shall be permitted to transport delinquent juveniles being so returned through any
20and all states party to this compact, without interference.
SB345-SSA1,99,622
938.991
(14) Article XIV - Renunciation. That this compact shall continue in
23force and remain binding upon each executing state until renounced by it.
24Renunciation of this compact shall be by the same authority which executed it, by
25sending 6 months notice in writing of its intention to withdraw from the compact to
1the other states party hereto. The duties and obligations of a renouncing state under
2sub. (7) shall continue as to parolees
and, probationers
and persons on extended
3supervision residing therein at the time of withdrawal until retaken or finally
4discharged. Supplementary agreements entered into under sub. (10) shall be subject
5to renunciation as provided by such supplementary agreements, and shall not be
6subject to the 6 months' renunciation notice of the present Article.
SB345-SSA1,99,179
938.993
(2) The compact administrator shall determine for this state whether
10to receive juvenile probationers
and, parolees
and persons on extended supervision 11of other states under s. 938.991 (7) and shall arrange for the supervision of each such
12probationer
or, parolee
or person on extended supervision received, either by the
13department or by a person appointed to perform supervision service for the court
14assigned to exercise jurisdiction under this chapter and ch. 48 for the county where
15the juvenile is to reside, whichever is more convenient. Those persons shall in all
16such cases make periodic reports to the compact administrator regarding the conduct
17and progress of the juveniles.
SB345-SSA1,99,1919
939.50
(3) (b) For a Class B felony, imprisonment not to exceed
40 60 years.
SB345-SSA1,99,2221
939.50
(3) (bc) For a Class BC felony, a fine not to exceed $10,000 or
22imprisonment not to exceed
20 30 years, or both.
SB345-SSA1,99,2524
939.50
(3) (c) For a Class C felony, a fine not to exceed $10,000 or imprisonment
25not to exceed
10 15 years, or both.
SB345-SSA1,100,32
939.50
(3) (d) For a Class D felony, a fine not to exceed $10,000 or imprisonment
3not to exceed
5 10 years, or both.
SB345-SSA1,100,65
939.50
(3) (e) For a Class E felony, a fine not to exceed $10,000 or imprisonment
6not to exceed
2 5 years, or both.
SB345-SSA1,100,188
939.62
(2m) (b) The actor is a persistent repeater if he or she has been convicted
9of a serious felony on 2 or more separate occasions at any time preceding the serious
10felony for which he or she presently is being sentenced under ch. 973, which
11convictions remain of record and unreversed and, that of the 2 or more previous
12convictions, at least one conviction must have occurred before the date of violation
13of at least one of the other felonies for which the actor was previously convicted. It
14is immaterial that the sentence for a previous conviction was stayed, withheld or
15suspended, or that he or she was pardoned, unless the pardon was granted on the
16ground of innocence. The term of imprisonment for the felony for which the
17persistent repeater presently is being sentenced under ch. 973 is life imprisonment
18without the possibility of parole
or extended supervision.
SB345-SSA1,100,2120
940.20
(2m) (title)
Battery to probation
, extended supervision and parole
21agents and aftercare agents.
SB345-SSA1,100,2523
940.20
(2m) (a) 2. "Probation
, extended supervision and parole agent" means
24any person authorized by the department of corrections to exercise control over a
25probationer
or, parolee
or person on extended supervision.
SB345-SSA1,101,62
940.20
(2m) (b) Whoever intentionally causes bodily harm to a probation
,
3extended supervision and parole agent or an aftercare agent, acting in an official
4capacity and the person knows or has reason to know that the victim is a probation
,
5extended supervision and parole agent or an aftercare agent, by an act done without
6the consent of the person so injured, is guilty of a Class D felony.
SB345-SSA1,101,108
942.06
(2m) (a) An employe or agent of the department of corrections who
9conducts a lie detector test of a probationer
or, parolee
or person on extended
10supervision under the rules promulgated under s. 301.132.
SB345-SSA1, s. 325
11Section
325. 942.06 (2q) (a) (intro.) of the statutes is amended to read:
SB345-SSA1,101,1512
942.06
(2q) (a) (intro.) An employe or agent of the department of corrections
13who discloses, to any of the following, the fact that a probationer
or, parolee
or person
14on extended supervision has had a lie detector test under the rules promulgated
15under s. 301.132 or the results of such a lie detector test:
SB345-SSA1,102,717
946.42
(1) (a) "Custody" includes without limitation actual custody of an
18institution, including a secured correctional facility, as defined in s. 938.02 (15m), a
19secured child caring institution, as defined in s. 938.02 (15g), a secure detention
20facility, as defined in s. 938.02 (16), a Type 2 child caring institution, as defined in
21s. 938.02 (19r), or a juvenile portion of a county jail, or of a peace officer or institution
22guard and constructive custody of prisoners and juveniles subject to an order under
23s. 48.366, 938.183, 938.34 (4d), (4h) or (4m) or 938.357 (4) or (5) (e) temporarily
24outside the institution whether for the purpose of work, school, medical care, a leave
25granted under s. 303.068, a temporary leave or furlough granted to a juvenile or
1otherwise. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the
2county to which the prisoner was transferred after conviction. It does not include the
3custody of a probationer
or, parolee
or person on extended supervision by the
4department of corrections or a probation
, extended supervision or parole officer or
5the custody of a person who has been released to aftercare supervision under ch. 938
6unless the person is in actual custody or is subject to a confinement order under s.
7973.09 (4).
SB345-SSA1,102,15
9946.46 (title)
Encouraging violation of probation, extended
10supervision or parole. Whoever intentionally aids or encourages a parolee
or, 11probationer
or person on extended supervision or any person committed to the
12custody or supervision of the department of corrections or a county department
13under s. 46.215, 46.22 or 46.23 by reason of crime or delinquency to abscond or violate
14a term or condition of parole
, extended supervision or probation is guilty of a Class
15A misdemeanor.
SB345-SSA1,102,2117
946.85
(1) Any person who engages in a continuing criminal enterprise shall
18be imprisoned
for not less than 10 years nor more than
20 30 years, and fined not
19more than $10,000 or as provided in s. 946.84 (2). If the court imposes a sentence less
20than the presumptive minimum sentence, it shall place its reasons for doing so on
21the record.
SB345-SSA1,103,19
24950.045 (title)
Victims; application for parole, extended supervision or
25pardon; releases; escapes; corrections programs. Victims of crimes have the
1right to provide written statements concerning parole applications under s. 304.06
2(1) (e), to have direct input in the parole decision-making process under s. 304.06 (1)
3(em) and to provide written statements concerning pardon applications under s.
4304.10 (2). Victims of crimes have the right to be notified by district attorneys under
5s. 971.17 (4m) regarding conditional releases under s. 971.17. Victims of crimes have
6the right to be notified by the department of health and family services under s.
7971.17 (6m) regarding terminations or discharges under s. 971.17. Victims of crimes
8have the right to be notified by the department of corrections under s. 301.046 (4)
9regarding community residential confinements, under s. 301.048 (4m) regarding
10participation in the intensive sanctions program, under s. 301.38 regarding escapes
11from a Type 1 prison, under s. 302.115 regarding the expiration of sentences and
12under s. 304.063 regarding
extended supervision and parole releases. Victims of acts
13of sexual violence have the right to be notified by the department of health and family
14services under s. 980.11 regarding supervised releases under s. 980.06 and
15discharges under s. 980.09 or 980.10. Victims have the right to be notified of the
16registration of a person and the update of information regarding that person under
17s. 301.46.
Victims of crimes have the right to be sent a copy of an inmate's petition
18for extended supervision and to be notified of the hearing on that petition under s.
19302.114 (6).
SB345-SSA1,103,2521
961.41
(1) (a) Except as provided in par. (d), a controlled substance included
22in schedule I or II which is a narcotic drug, or a controlled substance analog of a
23controlled substance included in schedule I or II which is a narcotic drug, may be
24fined not more than $25,000 or imprisoned for not more than
15 22 years
and 6
25months or both.
SB345-SSA1,104,52
961.41
(1) (b) Except as provided in pars. (cm) and (e) to (h), any other
3controlled substance included in schedule I, II or III, or a controlled substance analog
4of any other controlled substance included in schedule I or II, may be fined not more
5than $15,000 or imprisoned for not more than
5 7 years
and 6 months or both.
SB345-SSA1,104,87
961.41
(1) (cm) 1. Five grams or less, the person shall be fined not more than
8$500,000 and may be imprisoned for not more than
10
15 years.
SB345-SSA1,104,1210
961.41
(1) (cm) 2. More than 5 grams but not more than 15 grams, the person
11shall be fined not more than $500,000 and shall be imprisoned for not less than one
12year nor more than
15 22 years
and 6 months.
SB345-SSA1,104,1614
961.41
(1) (cm) 3. More than 15 grams but not more than 40 grams, the person
15shall be fined not more than $500,000 and shall be imprisoned for not less than 3
16years nor more than
20 30 years.
SB345-SSA1,104,2018
961.41
(1) (cm) 4. More than 40 grams but not more than 100 grams, the person
19shall be fined not more than $500,000 and shall be imprisoned for not less than 5
20years nor more than
30 45 years.
SB345-SSA1,104,2422
961.41
(1) (cm) 5. More than 100 grams, the person shall be fined not more than
23$500,000 and shall be imprisoned for not less than 10 years nor more than
30 45 24years.
SB345-SSA1,105,3
1961.41
(1) (d) 1. Three grams or less, the person shall be fined not less than
2$1,000 nor more than $200,000 and may be imprisoned for not more than
15 22 years
3and 6 months.
SB345-SSA1,105,75
961.41
(1) (d) 2. More than 3 grams but not more than 10 grams, the person
6shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned
7for not less than 6 months nor more than
15 22 years
and 6 months.
SB345-SSA1,105,119
961.41
(1) (d) 3. More than 10 grams but not more than 50 grams, the person
10shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
11for not less than one year nor more than
15 22 years
and 6 months.
SB345-SSA1,105,1513
961.41
(1) (d) 4. More than 50 grams but not more than 200 grams, the person
14shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
15for not less than 3 years nor more than
15 22 years
and 6 months.
SB345-SSA1,105,1917
961.41
(1) (d) 5. More than 200 grams but not more than 400 grams, the person
18shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
19for not less than 5 years nor more than
15 22 years
and 6 months.