AB501: Bill Text

LRB-1438/1

JEO:mfd&jlg:km

1997 - 1998 LEGISLATURE

1997 Assembly BILL 501

September 2, 1997 - Introduced by Representative Ladwig. Referred to Committee on Criminal Justice and Corrections.

AB501,1,7 An Act to amend 20.410 (1) (gr), 165.8285 (title), 165.8285 (2), 301.38 (title), 301.38 (1) (am), 301.38 (2) (intro.), 938.51 (2), 950.045, 973.03 (4) (a) and 973.03 (4) (d); to repeal and recreate 950.045; and to create 165.8285 (2m), 301.38 (1) (ag), 301.38 (2) (c), 301.38 (2) (d), 301.38 (5), 302.425 (6m), 302.47, 938.51 (4) (c), 938.51 (4) (d), 938.51 (5), 973.03 (4) (e) and 973.03 (4) (f) of the statutes; relating to: notification of certain persons concerning the escape of prisoners and other persons in detention and making an appropriation.

Analysis by the Legislative Reference Bureau

Under current law, if a prisoner escapes from a prison the department of corrections (DOC) must make a reasonable effort to notify the victim of the prisoner's crime and witnesses who testified against the prisoner that the prisoner has escaped. DOC must also make a reasonable effort to notify the victim and witnesses when the prisoner has been recaptured. (This notification requirement does not cover escape by prisoners who are in the intensive sanctions program or who are imprisoned as an alternative to the revocation of probation or parole, but does cover prisoners in community residential confinement, including those under electronic monitoring.) DOC is required to notify a victim or witness only if the person has informed DOC that he or she wants to receive notice and has sent DOC a card with his or her name and other specified information.

Current law also provides that, if a juvenile who has been found delinquent and placed in a secured correctional facility or a secured child caring institution escapes from the secured correctional facility or secured child caring institution, DOC or the county department of social services (county department) that has supervision over the juvenile must make a reasonable effort to notify the victim of the act for which the juvenile was found delinquent and witnesses who testified against the juvenile that the juvenile has escaped. Like current law concerning notice of escape of prisoners, DOC and county departments are required to notify a victim or witness only if the person has informed DOC or the county department that he or she wants to receive notice and has sent DOC or the county department a card with his or her name and other specified information.

This bill makes a number of changes relating to notice of an escape by a prisoner or juvenile. First, the bill expands the notification requirement to cover, in addition to the escape of a prisoner who is in custody in the state prison, an escape by any of the following: 1) a person sentenced to imprisonment in a county jail or house of correction; 2) a person who is in the intensive sanctions program or imprisoned in a state prison as an alternative to revocation of probation or parole; 3) a person confined in a county jail or a house of correction who has been placed in the home detention program under electronic monitoring; and 4) a person sentenced by a judge to electronic monitoring in lieu of a sentence of imprisonment to county jail. A sheriff or superintendent of a house of correction is responsible for notification concerning escape of a person sentenced to imprisonment in a county jail or house of correction, while DOC is responsible for providing notification of the escape of a person in the intensive sanctions program and the persons (specified in items 3 and 4, above) who are under electronic monitoring.

The bill also expands the list of persons who must be notified about the escape of a prisoner or juvenile. Under the bill, the responsible agency (DOC, a county department, a sheriff or a superintendent of a house of correction) must notify, in addition to victims and witnesses, a person who has an abuse or harassment injunction against the prisoner or juvenile who escapes and a person who, because of a physical act or threat of a physical act by the prisoner or juvenile, reasonably fears an unlawful interference with his or her person by the prisoner or juvenile. As under current law, the responsible agency is required to notify a person if he or she has informed the responsible agency that he or she wants to receive notice and has sent the responsible agency a card with his or her name and other specified information. In addition, the responsible agency must: 1) determine, using the transaction information for management of enforcement (TIME) system (a statewide law enforcement data base), whether there are persons who have an abuse or harassment injunction against an escaped prisoner or juvenile but who have not informed the responsible agency that they want to be notified if the prisoner or juvenile escapes; and 2) notify persons found through the TIME system that the prisoner or juvenile has escaped.

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:

AB501, s. 1 Section 1. 20.410 (1) (gr) of the statutes is amended to read:

AB501,3,7 20.410 (1) (gr) Home detention services. The amounts in the schedule to obtain, install, operate and monitor electronic equipment for the home detention program under s. 302.425. All moneys received under s. ss. 302.425 (3m) or (4) and 973.03 (4) (a) shall be credited to this appropriation. On June 30, 1992, June 30, 1993, and June 30, 1994, one-third of the amount expended in fiscal year 1990-91 from the appropriation under par. (cm) shall lapse to the general fund.

AB501, s. 2 Section 2. 165.8285 (title) of the statutes is amended to read:

AB501,3,10 165.8285 (title) Transaction information for management of enforcement system; department of corrections and other records.

AB501, s. 3 Section 3. 165.8285 (2) of the statutes is amended to read:

AB501,3,16 165.8285 (2) The department of justice shall provide the department of corrections with access to the transaction information for management of enforcement system administrative message process and to information in the transaction information for management of enforcement system concerning orders or injunctions under ss. 813.12, 813.122 and 813.125.

AB501, s. 4 Section 4. 165.8285 (2m) of the statutes is created to read:

AB501,4,2 165.8285 (2m) The department of justice shall provide jailers, as defined in s. 302.47 (1) (b), and the county departments under ss. 46.215, 46.22, 46.23, 51.42 and 51.437 with access to information in the transaction information for management of enforcement system concerning orders or injunctions under ss. 813.12, 813.122 and 813.125 to enable jailers to comply with s. 302.47 (5) and to enable the county departments to comply with s. 938.51 (5).

AB501, s. 5 Section 5. 301.38 (title) of the statutes is amended to read:

AB501,4,5 301.38 (title) Notification of victims and, witnesses and other persons about prisoner escapes.

AB501, s. 6 Section 6. 301.38 (1) (ag) of the statutes is created to read:

AB501,4,8 301.38 (1) (ag) "Prison" means a state prison under s. 302.01, including a Type 2 prison.

AB501, s. 7 Section 7. 301.38 (1) (am) of the statutes is amended to read:

AB501,4,12 301.38 (1) (am) "Prisoner" has the meaning given in s. 301.01 (2), but does not include any person in the intensive sanctions program under s. 301.048 or any person who is imprisoned as an alternative to the revocation of probation or parole.

AB501, s. 8 Section 8. 301.38 (2) (intro.) of the statutes is amended to read:

AB501,4,17 301.38 (2) (intro.)  If a prisoner escapes from a Type 1 prison, the department shall make a reasonable effort 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) and complying with sub. (5):

AB501, s. 9 Section 9. 301.38 (2) (c) of the statutes is created to read:

AB501,4,21 301.38 (2) (c) A person who, because of a physical act or threat of a physical act by the prisoner, reasonably fears an unlawful interference with his or her person by the prisoner.

AB501, s. 10 Section 10. 301.38 (2) (d) of the statutes is created to read:

AB501,4,24 301.38 (2) (d) A person who has an injunction under s. 813.12, 813.122 or 813.125 against the prisoner.

AB501, s. 11 Section 11. 301.38 (5) of the statutes is created to read:

AB501,5,5 301.38 (5) In addition to using completed cards sent to it under sub. (4), the department shall use the transaction information for management of enforcement system to determine whether there are persons specified in sub. (2) (d) who have an injunction issued under s. 813.12, 813.122 or 813.125 against the prisoner and, if so, the names and addresses of those persons.

AB501, s. 12 Section 12. 302.425 (6m) of the statutes is created to read:

AB501,5,8 302.425 (6m) Notification of victims, witnesses and others about escapes. (a) In this subsection:

AB501,5,10 1. "Member of the family" means a spouse, child, sibling, parent or legal guardian.

AB501,5,11 2. "Victim" means a person against whom a crime has been committed.

AB501,5,15 (b) If a prisoner or a child who has been placed in the home detention program escapes from the program, the department shall make a reasonable effort 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) and complying with par. (e):

AB501,5,19 1. The victim of the crime committed by the prisoner or of the act for which the child was found delinquent or, if the victim died as a result of the crime or act, 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.

AB501,5,21 2. Any witness who testified against the prisoner or child in any court proceeding involving the offense or act.

AB501,5,24 3. A person who, because of a physical act or threat of a physical act by the prisoner or child, reasonably fears an unlawful interference with his or her person by the prisoner or child.

AB501,6,2 4. A person who has an injunction under s. 813.12, 813.122 or 813.125 against the prisoner or child.

AB501,6,5 (c) The department shall make a reasonable effort to notify the person by telephone as soon as possible after the escape and after any subsequent apprehension of the prisoner or child.

AB501,6,17 (d) The department shall design and prepare cards for any person specified in par. (b) to send to the department. The cards shall have space for any such person to provide his or her name, telephone number and mailing address, the name of the applicable prisoner or child and any other information that the department determines is necessary. The department shall provide the cards, without charge, to district attorneys, sheriffs, superintendents of houses of correction and county departments. District attorneys, sheriffs, superintendents of houses of correction and county departments shall provide the cards, without charge, to persons specified in par. (b). These persons may send completed cards to the department. All department records or portions of records that relate to telephone numbers and mailing addresses of these persons are not subject to inspection or copying under s. 19.35 (1).

AB501,6,22 (e) In addition to using completed cards sent to it under par. (d), the department shall use the transaction information for management of enforcement system to determine whether there are persons specified in par. (b) 4. who have an injunction issued under s. 813.12, 813.122 or 813.125 against the prisoner and, if so, the names and addresses of those persons.

AB501, s. 13 Section 13. 302.47 of the statutes is created to read:

AB501,6,25 302.47 Notification about escape of jail or house of correction prisoner. (1) In this section: