LRB-3285/1
BF:kmg:km
1995 - 1996 LEGISLATURE
May 10, 1995 - Introduced by Representatives Wirch, Huber, R. Young, Turner,
Gronemus, Kreuser, Urban, Ainsworth, Meyer and Lorge, cosponsored by
Senators Andrea and Rosenzweig. Referred to Committee on Criminal
Justice and Corrections.
AB367,1,3
1An Act to amend 102.07 (14); and
to create 304.062 and 973.10 (1m) of the
2statutes;
relating to: community service work performed by probationers and
3parolees.
Analysis by the Legislative Reference Bureau
Under current law, a court may order, as a condition of probation, that a
probationer perform community service work for a public agency or a nonprofit
charitable organization if the probationer and the agency or organization agree. An
organization or agency that acts in good faith has immunity from civil liability in
excess of $25,000 regarding the probationer's acts or omissions. This bill provides
the department of corrections (DOC) with similar authority to order probationers
and parolees to perform community service work. DOC may make the order only if
the probationer and the agency or organization agree. The organization or agency
has the same limitation on civil liability as under current law, but DOC is not civilly
liable for any acts or omissions by the probationer or parolee while performing the
community service work.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB367, s. 1
4Section
1. 102.07 (14) of the statutes is amended to read:
AB367,2,45
102.07
(14) An adult performing uncompensated community service work
6under s.
304.062, 971.38, 973.03 (3), 973.05 (3)
or, 973.09
or 973.10 (1m) is an employe
1of the county in which the district attorney requiring or the court ordering the
2community service work is located
or in which the place of assignment under s.
3304.062 or 973.10 (1m) is located. No compensation may be paid to that employe for
4temporary disability during the healing period.
AB367, s. 2
5Section
2. 304.062 of the statutes is created to read:
AB367,2,12
6304.062 Ordering parolees to perform community service work. (1) 7The department may order that a parolee perform community service work for a
8public agency or a nonprofit charitable organization. An order may apply only if
9agreed to by the parolee and the organization or agency. The department shall
10ensure that the parolee is provided a written statement of the terms of the
11community service order and shall monitor the parolee's compliance with the
12community service order.
AB367,2,17
13(2) Any organization or agency acting in good faith to which a parolee is
14assigned under an order under this section has immunity from any civil liability in
15excess of $25,000 for acts or omissions by or impacting on the parolee. The
16department has immunity from any civil liability for acts or omissions by or
17impacting on the parolee regarding the assignment under this section.
AB367, s. 3
18Section
3. 973.10 (1m) of the statutes is created to read:
AB367,2,2519
973.10
(1m) (a) The department may order that a probationer perform
20community service work for a public agency or a nonprofit charitable organization.
21An order may apply only if agreed to by the probationer and the organization or
22agency. The department shall ensure that the probationer is provided a written
23statement of the terms of the community service order and shall monitor the
24probationer's compliance with the community service order. Compliance with this
25subsection does not entitle a probationer to credit under s. 973.155.
AB367,3,5
1(b) Any organization or agency acting in good faith to which a probationer is
2assigned under an order under this subsection has immunity from any civil liability
3in excess of $25,000 for acts or omissions by or impacting on the probationer. The
4department has immunity from any civil liability for acts or omissions by or
5impacting on the probationer regarding the assignment under this subsection.
AB367,3,7
7(1) This act first applies to orders made on the effective date of this subsection.
