AB351: Bill Text

AB351,49,23 304.072 (2) If a parolee or, probationer or person on community supervision is alleged to have violated the terms of his or her supervision but the department or division determines that the alleged violation was not proven, the period between the alleged violation and the determination shall be treated as service of the probationary, community supervision or parole period.

AB351, s. 129 Section 129. 304.072 (3) of the statutes is amended to read:

AB351,50,5 304.072 (3) Except as provided in s. 973.09 (3) (b), the department preserves jurisdiction over a probationer or, parolee or person on community supervision if it commences an investigation, issues a violation report or issues an apprehension request concerning an alleged violation prior to the expiration of the probationer's or, parolee's or person's term of supervision.

AB351, s. 130 Section 130. 304.072 (4) of the statutes is amended to read:

AB351,50,11 304.072 (4) The sentence of a revoked parolee or person on community supervision resumes running on the day he or she is received at a correctional institution subject to sentence credit for the period of custody in a jail, correctional institution or any other detention facility pending revocation according to the terms of s. 973.155.

AB351, s. 131 Section 131. 304.073 (2) of the statutes is amended to read:

AB351,50,19 304.073 (2) Beginning on January 1, 1996, the department shall charge a fee to any probationer or, parolee or person on community supervision who is under minimum or administrative supervision and is supervised by the department. The fee does not apply if the person is supervised by a vendor under s. 301.08 (1) (c) 2. The department shall set the fee sufficient to cover the cost of supervision. The department shall collect moneys for the fee charged under this subsection and credit those moneys to the appropriation account under s. 20.410 (1) (ge).

AB351, s. 132 Section 132. 304.074 (title) of the statutes is amended to read:

AB351,50,22 304.074 (title) Reimbursement fee for persons on probation and, parole, and community supervision.

AB351, s. 133 Section 133. 304.074 (2) of the statutes is amended to read:

AB351,51,8 304.074 (2) Beginning on January 1, 1996, the department shall charge a fee to probationers and, parolees and persons on community supervision to partially reimburse the department for the costs of providing supervision and services. The department shall set varying rates for probationers and , parolees or persons on community supervision based on ability to pay and with the goal of receiving at least $1 per day, if appropriate, from each probationer and , parolee and person on community supervision. The department shall not charge a fee while the probationer or, parolee or person on community supervision is exempt under sub. (3). The department shall collect moneys for the fees charged under this subsection and credit those moneys to the appropriation account under s. 20.410 (1) (gf).

AB351, s. 134 Section 134. 304.074 (3) (intro.) of the statutes is amended to read:

AB351,51,12 304.074 (3) (intro.) The department may decide not to charge a fee under sub. (2) to any probationer or, parolee or person on community supervision while he or she meets any of the following conditions:

AB351, s. 135 Section 135. 304.074 (3) (d) of the statutes is amended to read:

AB351,51,16 304.074 (3) (d) Has a statement from a physician certifying to the department that the probationer or, parolee or person on community supervision should be excused from working for medical reasons.

AB351, s. 136 Section 136. 304.074 (4) of the statutes is amended to read:

AB351,51,20 304.074 (4) The fee under sub. (2) does not apply to any probationer or, parolee or person on community supervision who is under minimum or administrative supervision.

AB351, s. 137 Section 137. 304.075 of the statutes is amended to read:

AB351,52,8 304.075 (title) Probationer and parolee loan Loan fund for probationers, parolees and persons on community supervision. The department shall create a revolving fund out of any moneys in its hands belonging to probationers and, parolees or persons on community supervision who absconded, or whose whereabouts are unknown. The fund shall be used to defray the expenses of clothing, transportation, maintenance and other necessities for probationers and, parolees and persons on community supervision who are without means to secure those necessities. All payments made from the fund shall be repaid by probationers or, parolees or persons on community supervision for whose benefit they are made whenever possible; and any moneys belonging to them so paid into the revolving fund shall be repaid to them in accordance with law, in case a claim therefor is filed with the department upon showing the legal right of the claimant to such money.

AB351, s. 138 Section 138. 304.13 (1) (intro.) of the statutes is amended to read:

AB351,52,14 304.13 (1) (intro.) That it shall be competent for the duly constituted judicial and administrative authorities of a sending state to permit any person convicted of an offense within the sending state and placed on probation or released on community supervision or parole to reside in any receiving state while on probation, community supervision or parole, if:

AB351, s. 139 Section 139. 304.13 (2) of the statutes is amended to read:

AB351,52,20 304.13 (2) That each receiving state will assume the duties of visitation of and supervision over probationers, persons on community supervision or parolees of any sending state and in the exercise of those duties will be governed by the same standards that prevail for its own probationers, persons on community supervision and parolees.

AB351, s. 140 Section 140. 304.13 (3) of the statutes is amended to read:

AB351,53,10 304.13 (3) That the duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any person on probation, community supervision or parole. For that purpose no formalities will be required other than establishing the authority of the officer and the identity of the person to be retaken. All legal requirements to obtain extradition of fugitives from justice are expressly waived on the part of states party hereto, as to such persons. The decision of the sending state to retake a person on probation, community supervision or parole shall be conclusive upon and not reviewable within the receiving state; provided, however, that if at the time when a state seeks to retake a probationer , person on community supervision or parolee there should be pending against that person within the receiving state any criminal charge, or that person should be suspected of having committed within such state a criminal offense, that person shall not be retaken without the consent of the receiving state until discharged from prosecution or from imprisonment for such offense.

AB351, s. 141 Section 141. 304.13 (7) of the statutes is amended to read:

AB351,53,18 304.13 (7) That this compact shall continue in force and remain binding upon such ratifying state until renounced by it. The duties and obligations hereunder of a renouncing state shall continue as to parolees, persons on community supervision or probationers residing therein at the time of withdrawal or until finally discharged by the sending state. Renunciation of this compact shall be by the same authority which ratified it, by sending 6 months' notice in writing of its intention to withdraw the compact to the other states party thereto.

AB351, s. 142 Section 142. 304.13 (8) (b) of the statutes is amended to read:

AB351,53,22 304.13 (8) (b) "Sending state" means a party to this compact permitting its probationers, persons on community supervision and parolees to reside in a receiving state.

AB351, s. 143 Section 143. 304.135 of the statutes is amended to read:

AB351,54,16 304.135 (title) Out-of-state parolee supervision of parolees and persons on community supervision without compact. The department may permit any person convicted of an offense within this state and placed on probation or released on community supervision or parole to reside in any other state not a party to the compact authorized by s. 304.13 whenever the authorities of the receiving state agree to assume the duties of visitation of and supervision over the probationer, person on community supervision or parolee, governed by the same standards that prevail for its own probationers, persons on community supervision and parolees, on the same terms as are provided in s. 304.13 (1) and (2) in the case of states signatory to the compact. Before permitting any probationer , person on community supervision or parolee to leave this state under this section, the department shall obtain from him or her a signed agreement to return to this state upon demand of the department and an irrevocable waiver of all procedure incidental to extradition. The department may, in like manner, receive for supervision probationers, persons on community supervision and parolees convicted in states not signatory to the compact, and shall have the same custody and control of those persons as it has over probationers, persons on community supervision and parolees of this state.

AB351, s. 144 Section 144. 304.137 of the statutes is amended to read:

AB351,55,2 304.137 Determination concerning submission of human biological specimen. If the department accepts supervision of a probationer , person on community supervision or parolee from another state under s. 304.13 or 304.135, the department shall determine whether the violation of law for which the person is on probation, community supervision or parole is comparable to a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025. If the department determines that a person on probation, community supervision or parole from another state violated a law that is comparable to a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025, the department shall direct the probationer, person on community supervision or parolee to provide a biological specimen under s. 165.76.

AB351, s. 145 Section 145. 304.14 of the statutes is amended to read:

AB351,55,12 304.14 (title) Cooperative return of parole , community supervision and probation violators. The secretary may deputize any person regularly employed by another state to act as an officer and agent of this state in effecting the return of any person who has violated the terms and conditions of parole, community supervision or probation as granted by this state. In any matter relating to the return of such person, any agent so deputized shall have all the powers of a police officer of this state. Any deputization pursuant to this section shall be in writing and any person authorized to act as an agent under this section shall carry formal evidence of the deputization and shall produce the same upon demand.

AB351, s. 146 Section 146. 341.605 (3) of the statutes is amended to read:

AB351,55,15 341.605 (3) Whoever violates sub. (1) or (2) may be fined not more than $5,000 or imprisoned for not more than 5 7 years and 6 months, or both, for each violation.

AB351, s. 147 Section 147. 342.06 (2) of the statutes is amended to read:

AB351,55,19 342.06 (2) Any person who knowingly makes a false statement in an application for a certificate of title may be fined not more than $5,000 or imprisoned not more than 5 7 years and 6 months or both.

AB351, s. 148 Section 148. 342.065 (4) (b) of the statutes is amended to read:

AB351,55,23 342.065 (4) (b) Any person who violates sub. (1) with intent to defraud may be fined not more than $5,000 or imprisoned for not more than 5 7 years and 6 months or both.

AB351, s. 149 Section 149. 342.155 (4) (b) of the statutes is amended to read:

AB351,56,3 342.155 (4) (b) Any person who violates this section with intent to defraud may be fined not more than $5,000 or imprisoned for not more than 5 7 years and 6 months or both.

AB351, s. 150 Section 150. 342.156 (6) (b) of the statutes is amended to read:

AB351,56,7 342.156 (6) (b) Any person who violates this section with intent to defraud may be fined not more than $5,000 or imprisoned for not more than 5 7 years and 6 months or both.

AB351, s. 151 Section 151. 342.30 (3) (a) of the statutes is amended to read:

AB351,56,10 342.30 (3) (a) Any person who violates sub. (1) may be fined not more than $5,000 or imprisoned for not more than 5 7 years and 6 months or both.

AB351, s. 152 Section 152. 342.32 (3) of the statutes is amended to read:

AB351,56,13 342.32 (3) Whoever violates sub. (1) or (2) may be fined not more than $5,000 or imprisoned for not more than 5 7 years and 6 months, or both, for each violation.

AB351, s. 153 Section 153. 343.06 (1) (i) of the statutes is amended to read:

AB351,57,2 343.06 (1) (i) To any person who has been convicted of any offense specified under ss. 940.225, 948.02, 948.025 and 948.07 or adjudged delinquent under ch. 938 for a like or similar offense, when the sentencing court makes a finding that issuance of a license will be inimical to the public safety and welfare. The prohibition against issuance of a license to the offenders shall apply immediately upon receipt of a record of the conviction and the court finding by the secretary, for a period of one year or until discharge from any jail or prison sentence or any period of probation, community supervision or parole with respect to the offenses specified, whichever date is the later. Receipt by the offender of a certificate of discharge from the department of corrections or other responsible supervising agency, after one year has elapsed since the prohibition began, entitles the holder to apply for an operator's license. The applicant may be required to present the certificate of discharge to the secretary if the latter deems it necessary.

AB351, s. 154 Section 154. 343.30 (2d) of the statutes is amended to read:

AB351,57,13 343.30 (2d) A court may suspend or revoke a person's operating privilege upon conviction of any offense specified under ss. 940.225, 948.02, 948.025 and 948.07, if the court finds that it is inimical to the public safety and welfare for the offender to have operating privileges. The suspension or revocation shall be for one year or until discharge from prison or jail sentence or probation, community supervision or parole with respect to the offenses specified, whichever date is later. Receipt of a certificate of discharge from the department of corrections or other responsible supervising agency, after one year has elapsed since the suspension or revocation, entitles the holder to reinstatement of operating privileges. The holder may be required to present the certificate to the secretary if the secretary deems necessary.

AB351, s. 155 Section 155. 346.17 (3) (a) of the statutes is amended to read:

AB351,57,17 346.17 (3) (a) Except as provided in par. (b), (c) or (d), any person violating s. 346.04 (3) shall be fined not less than $300 nor more than $10,000 and may be imprisoned for not more than 2 3 years.

AB351, s. 156 Section 156. 346.17 (3) (b) of the statutes is amended to read:

AB351,57,22 346.17 (3) (b) If the violation results in bodily harm, as defined in s. 939.22 (4), to another, or causes damage to the property of another, as defined in s. 939.22 (28), the person shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 2 3 years.

AB351, s. 157 Section 157. 346.17 (3) (c) of the statutes is amended to read:

AB351,58,3 346.17 (3) (c) If the violation results in great bodily harm, as defined in s. 939.22 (14), to another, the person shall be fined not less than $600 nor more than $10,000 and may be imprisoned for not more than 2 3 years.

AB351, s. 158 Section 158. 346.17 (3) (d) of the statutes is amended to read:

AB351,58,7 346.17 (3) (d) If the violation results in the death of another, the person shall be fined not less than $600 nor more than $10,000 and may be imprisoned for not more than 5 7 years and 6 months.

AB351, s. 159 Section 159. 346.65 (5) of the statutes is amended to read:

AB351,58,11 346.65 (5) Except as provided in sub. (5m), any person violating s. 346.62 (4) shall be fined not less than $600 nor more than $2,000 and may be imprisoned for not less than 90 days nor more than 18 2 years and 3 months.

AB351, s. 160 Section 160. 346.74 (5) (b) of the statutes is amended to read:

AB351,58,15 346.74 (5) (b) Shall be fined not less than $300 nor more than $5,000 or imprisoned not less than 10 days nor more than one year 2 years or both if the accident involved injury to a person but the person did not suffer great bodily harm.

AB351, s. 161 Section 161. 346.74 (5) (c) of the statutes is amended to read:

AB351,58,19 346.74 (5) (c) May be fined not more than $10,000 or imprisoned not more than 2 3 years or both if the accident involved injury to a person and the person suffered great bodily harm.

AB351, s. 162 Section 162. 346.74 (5) (d) of the statutes is amended to read:

AB351,58,22 346.74 (5) (d) May be fined not more than $10,000 or imprisoned not more than 5 7 years and 6 months or both if the accident involved death to a person.

AB351, s. 163 Section 163. 563.14 (2) of the statutes is amended to read:

AB351,59,3 563.14 (2) The supervising member and member responsible for the proper utilization of gross receipts are active members of the applicant organization who, subject to ss. 111.321, 111.322 and 111.335, have never been convicted of a felony or, if convicted, have received a pardon or have been released from parole , community supervision or probation for at least 5 years.

AB351, s. 164 Section 164. 563.27 (1) of the statutes is amended to read:

AB351,59,7 563.27 (1) Subject to ss. 111.321, 111.322 and 111.335, a person convicted of a felony who has not received a pardon or has not been released from parole, community supervision or probation for at least 5 years.

AB351, s. 165 Section 165. 563.51 (29) (b) of the statutes is amended to read:

AB351,59,11 563.51 (29) (b) Subject to ss. 111.321, 111.322 and 111.335, has never been convicted of a felony or, if convicted, has been pardoned or released from probation, community supervision or parole for at least 5 years.

AB351, s. 166 Section 166. 801.50 (5) of the statutes is amended to read:

AB351,59,16 801.50 (5) Venue of an action to review a probation , community supervision or parole revocation or a refusal of parole by certiorari shall be the county in which the relator was last convicted of an offense for which the relator was on probation, community supervision or parole or for which the relator is currently incarcerated.

AB351, s. 167 Section 167. 938.183 (2) (b) of the statutes is amended to read:

AB351,59,21 938.183 (2) (b) When a juvenile who is subject to a criminal penalty under par. (a) attains the age of 17 years, the department may place the juvenile in a state prison named in s. 302.01. A juvenile who is subject to a criminal penalty under par. (a) for an act committed before July 1, 1998, is eligible for parole under s. 304.06.

AB351, s. 168 Section 168. 938.78 (2) (d) 5. of the statutes is amended to read:

AB351,59,24 938.78 (2) (d) 5. On parole under s. 302.11 or ch. 304 or on community supervision under s. 302.113 or 302.114.

AB351, s. 169 Section 169. 938.991 (1) of the statutes is amended to read:

AB351,60,18 938.991 (1) Article I - Findings and Purposes. That juveniles who are not under proper supervision and control, or who have absconded, escaped or run away, are likely to endanger their own health, morals and welfare, and the health, morals and welfare of others. The cooperation of the states party to this compact is therefore necessary to provide for the welfare and protection of juveniles and of the public with respect to (1) cooperative supervision of delinquent juveniles on probation, community supervision or parole; (2) the return, from one state to another, of delinquent juveniles who have escaped or absconded; (3) the return, from one state to another, of nondelinquent juveniles who have run away from home; and (4) additional measures for the protection of juveniles and of the public, which any 2 or more of the party states may find desirable to undertake cooperatively. In carrying out the provisions of this compact the party states shall be guided by the noncriminal, reformative and protective policies which guide their laws concerning delinquent, neglected or dependent juveniles generally. It shall be the policy of the states party to this compact to cooperate and observe their respective responsibilities for the prompt return and acceptance of juveniles and delinquent juveniles who become subject to the provisions of this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the foregoing purposes.

AB351, s. 170 Section 170. 938.991 (3) (c) of the statutes is amended to read:

AB351,60,22 938.991 (3) (c) "Probation, community supervision or parole" means any kind of conditional release of juveniles authorized under the laws of the states party hereto.

AB351, s. 171 Section 171. 938.991 (5) (a) of the statutes is amended to read:

AB351,62,8 938.991 (5) (a) That the appropriate person or authority from whose probation, community supervision or parole supervision a delinquent juvenile has absconded or from whose institutional custody the delinquent juvenile has escaped shall present to the appropriate court or to the executive authority of the state where the delinquent juvenile is alleged to be located a written requisition for the return of the delinquent juvenile. The requisition shall state the name and age of the delinquent juvenile, the particulars of that person's adjudication as a delinquent juvenile, the circumstances of the breach of the terms of the delinquent juvenile's probation, community supervision or parole or of the delinquent juvenile's escape from an institution or agency vested with legal custody or supervision of the delinquent juvenile, and the location of the delinquent juvenile, if known, at the time the requisition is made. The requisition shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied by 2 certified copies of the judgment, formal adjudication, or order of commitment which subjects the delinquent juvenile to probation, community supervision or parole or to the legal custody of the institution or agency concerned. Further affidavits and other documents as may be deemed proper may be submitted with the requisition. One copy of the requisition shall be filed with the compact administrator of the demanding state, there to remain on file subject to the provisions of law governing records of the appropriate court. Upon the receipt of a requisition demanding the return of a delinquent juvenile who has absconded or escaped, the court or the executive authority to whom the requisition is addressed shall issue an order to any peace officer or other appropriate person directing that person to take into custody and detain the delinquent juvenile. The detention order must substantially recite the facts necessary to the validity of its issuance hereunder. No delinquent juvenile detained upon a detention order shall be delivered over to the officer whom the appropriate person or authority demanding the delinquent juvenile shall have appointed to receive the delinquent juvenile, unless the delinquent juvenile shall first be taken forthwith before a judge of an appropriate court in the state, who shall inform the delinquent juvenile of the demand made for the return of the delinquent juvenile and who may appoint counsel or guardian ad litem for the delinquent juvenile. If the judge shall find that the requisition is in order, the judge shall deliver the delinquent juvenile over to the officer whom the appropriate person or authority demanding shall have appointed to receive the delinquent juvenile. The judge, however, may fix a reasonable time to be allowed for the purpose of testing the legality of the proceeding.

AB351, s. 172 Section 172. 938.991 (5) (am) of the statutes is amended to read:

AB351,63,11 938.991 (5) (am) Upon reasonable information that a person is a delinquent juvenile who has absconded while on probation, community supervision or parole, or escaped from an institution or agency vested with legal custody or supervision of the person in any state party to this compact, the person may be taken into custody in any other state party to this compact without a requisition. In that event, the person must be taken forthwith before a judge of the appropriate court, who may appoint counsel or guardian ad litem for the person and who shall determine, after a hearing, whether sufficient cause exists to hold the person subject to the order of the court for a time, not exceeding 90 days, as will enable the person's detention under a detention order issued on a requisition pursuant to this subsection. If, at the time when a state seeks the return of a delinquent juvenile who has either absconded while on probation, community supervision or parole or escaped from an institution or agency vested with legal custody or supervision of the delinquent juvenile, there is pending in the state wherein the delinquent juvenile is detained any criminal charge or any proceeding to have the delinquent juvenile adjudicated a delinquent juvenile for an act committed in that state, or if the delinquent juvenile is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, the delinquent juvenile shall not be returned without the consent of that state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredited officers of any state party to this compact, upon the establishment of the officers' authority and the identity of the delinquent juvenile being returned, shall be permitted to transport the delinquent juvenile through any and all states party to this compact, without interference. Upon the return of the delinquent juvenile to the state from which the delinquent juvenile escaped or absconded, the delinquent juvenile shall be subject to such further proceedings as may be appropriate under the laws of that state.