LRB-5385/1
JEO:kmg:ks
1995 - 1996 LEGISLATURE
February 26, 1996 - Introduced by Representatives Dobyns, Silbaugh, Hahn,
Kelso, Goetsch, Ainsworth and Gunderson, cosponsored by Senators
Fitzgerald, Darling, Zien and Petak. Referred to Committee on Criminal
Justice and Corrections.
AB948,1,3
1An Act to renumber and amend 302.095; and
to create 302.095 (1) of the
2statutes;
relating to: delivering articles to, or receiving articles from, inmates
3of a jail and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits, in certain circumstances, delivery of an article to, or
receipt of an article from, a prison inmate. Specifically, under current law, no person
may do any of the following: 1) deliver any article to an inmate of a state prison; 2)
procure any article that is to be delivered to an inmate of a state prison; 3) possess
any article with intent to deliver the article to an inmate of a state prison; 4) deposit
or conceal any article in or about a prison or the precincts of a prison, or in any vehicle
going onto the premises of a prison, with the intent that an inmate of the prison
receive the article; or 5) receive an article from an inmate of a prison with the intent
to take the article out of the prison. These prohibitions do not apply to the delivery
of an article to, or the receipt of an article from, a prison inmate if the delivery or
receipt is allowed by the rules or regulations of the prison and is done with the
knowledge or permission of the warden or superintendent of the prison. A person
who violates these prohibitions must be fined not more than $500 or imprisoned for
not more than 2 years.
This bill extends the current prohibitions concerning delivery of an article to,
or receipt of an article from, a prison inmate so that they also apply to the delivery
of an article to, or the receipt of an article from, an inmate of a jail. The bill defines
"jail" to include a house of correction, a Huber facility and a facility at a police station
that is used as a temporary place of detention for persons held under arrest until they
can be brought before a court. Like the current prohibitions relating to prison
inmates, the prohibitions do not apply to the delivery of an article to, or the receipt
of an article from, a jail inmate if the delivery or receipt is allowed by the rules or
regulations of the jail and is done with the knowledge or permission of the sheriff or
other keeper of the jail.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB948, s. 1
1Section
1. 302.095 of the statutes is renumbered 302.095 (2) and amended to
2read:
AB948,2,133
302.095
(2) Any officer or other person who delivers or procures to be delivered
4or has in his or her possession with intent to deliver to any inmate confined in a
jail
5or state prison
, or
shall deposit or conceal who deposits or conceals in or about a
jail
6or prison, or the precincts
thereof of a jail or prison, or in any vehicle going into the
7premises belonging to a
jail or prison, any article or thing whatever, with intent that
8any inmate confined
therein in the jail or prison shall obtain or receive the same, or
9who receives from any inmate any article or thing whatever with intent to convey the
10same out of a
jail or prison, contrary to the rules or regulations and without the
11knowledge or permission of the
sheriff or other keeper of the jail, in the case of a jail,
12or of the warden or superintendent
thereof of the prison, in the case of a prison, shall
13be imprisoned
for not more than 2 years or fined not
exceeding more than $500.
AB948, s. 2
14Section
2. 302.095 (1) of the statutes is created to read:
AB948,2,1515
302.095
(1) In this section, "jail" means any of the following:
AB948,2,1616
(a) A jail, as defined in s. 302.30.
AB948,2,1717
(b) A house of correction.
AB948,2,1818
(c) A Huber facility under s. 303.09.
AB948,2,1919
(d) A lockup facility, as defined in s. 302.30.
AB948,3,2
1(1) This act first applies to offenses committed on the effective date of this
2subsection.
