September 2, 1997 - Introduced by Representative Ladwig. Referred to Committee
on Criminal Justice and Corrections.
AB501,1,7 1An Act to amend 20.410 (1) (gr), 165.8285 (title), 165.8285 (2), 301.38 (title),
2301.38 (1) (am), 301.38 (2) (intro.), 938.51 (2), 950.045, 973.03 (4) (a) and 973.03
3(4) (d); to repeal and recreate 950.045; and to create 165.8285 (2m), 301.38
4(1) (ag), 301.38 (2) (c), 301.38 (2) (d), 301.38 (5), 302.425 (6m), 302.47, 938.51 (4)
5(c), 938.51 (4) (d), 938.51 (5), 973.03 (4) (e) and 973.03 (4) (f) of the statutes;
6relating to: notification of certain persons concerning the escape of prisoners
7and 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 1Section 1. 20.410 (1) (gr) of the statutes is amended to read:
AB501,3,72 20.410 (1) (gr) Home detention services. The amounts in the schedule to obtain,
3install, operate and monitor electronic equipment for the home detention program
4under s. 302.425. All moneys received under s. ss. 302.425 (3m) or (4) and 973.03 (4)
5(a)
shall be credited to this appropriation. On June 30, 1992, June 30, 1993, and June
630, 1994, one-third of the amount expended in fiscal year 1990-91 from the
7appropriation under par. (cm) shall lapse to the general fund.
AB501, s. 2 8Section 2. 165.8285 (title) of the statutes is amended to read:
AB501,3,10 9165.8285 (title) Transaction information for management of
10enforcement system; department of corrections
and other records.
AB501, s. 3 11Section 3. 165.8285 (2) of the statutes is amended to read:
AB501,3,1612 165.8285 (2) The department of justice shall provide the department of
13corrections with access to the transaction information for management of
14enforcement system administrative message process and to information in the
15transaction information for management of enforcement system concerning orders
16or injunctions under ss. 813.12, 813.122 and 813.125
.
AB501, s. 4 17Section 4. 165.8285 (2m) of the statutes is created to read:
AB501,4,218 165.8285 (2m) The department of justice shall provide jailers, as defined in s.
19302.47 (1) (b), and the county departments under ss. 46.215, 46.22, 46.23, 51.42 and
2051.437 with access to information in the transaction information for management of
21enforcement system concerning orders or injunctions under ss. 813.12, 813.122 and

1813.125 to enable jailers to comply with s. 302.47 (5) and to enable the county
2departments to comply with s. 938.51 (5).
AB501, s. 5 3Section 5. 301.38 (title) of the statutes is amended to read:
AB501,4,5 4301.38 (title) Notification of victims and, witnesses and other persons
5about prisoner escapes.
AB501, s. 6 6Section 6. 301.38 (1) (ag) of the statutes is created to read:
AB501,4,87 301.38 (1) (ag) "Prison" means a state prison under s. 302.01, including a Type
82 prison.
AB501, s. 7 9Section 7. 301.38 (1) (am) of the statutes is amended to read:
AB501,4,1210 301.38 (1) (am) "Prisoner" has the meaning given in s. 301.01 (2), but does not
11include any person in the intensive sanctions program under s. 301.048 or any person
12who is imprisoned as an alternative to the revocation of probation or parole
.
AB501, s. 8 13Section 8. 301.38 (2) (intro.) of the statutes is amended to read:
AB501,4,1714 301.38 (2) (intro.)  If a prisoner escapes from a Type 1 prison, the department
15shall make a reasonable effort to notify all of the following persons, if they can be
16found, in accordance with sub. (3) and after receiving a completed card under sub.
17(4) and complying with sub. (5):
AB501, s. 9 18Section 9. 301.38 (2) (c) of the statutes is created to read:
AB501,4,2119 301.38 (2) (c) A person who, because of a physical act or threat of a physical act
20by the prisoner, reasonably fears an unlawful interference with his or her person by
21the prisoner.
AB501, s. 10 22Section 10. 301.38 (2) (d) of the statutes is created to read:
AB501,4,2423 301.38 (2) (d) A person who has an injunction under s. 813.12, 813.122 or
24813.125 against the prisoner.
AB501, s. 11 25Section 11. 301.38 (5) of the statutes is created to read:
AB501,5,5
1301.38 (5) In addition to using completed cards sent to it under sub. (4), the
2department shall use the transaction information for management of enforcement
3system to determine whether there are persons specified in sub. (2) (d) who have an
4injunction issued under s. 813.12, 813.122 or 813.125 against the prisoner and, if so,
5the names and addresses of those persons.
AB501, s. 12 6Section 12. 302.425 (6m) of the statutes is created to read:
AB501,5,87 302.425 (6m) Notification of victims, witnesses and others about escapes.
8(a) In this subsection:
AB501,5,109 1. "Member of the family" means a spouse, child, sibling, parent or legal
10guardian.
AB501,5,1111 2. "Victim" means a person against whom a crime has been committed.
AB501,5,1512 (b) If a prisoner or a child who has been placed in the home detention program
13escapes from the program, the department shall make a reasonable effort to notify
14all of the following persons, if they can be found, in accordance with par. (c) and after
15receiving a completed card under par. (d) and complying with par. (e):
AB501,5,1916 1. The victim of the crime committed by the prisoner or of the act for which the
17child was found delinquent or, if the victim died as a result of the crime or act, an
18adult member of the victim's family or, if the victim is younger than 18 years old, the
19victim's parent or legal guardian.
AB501,5,2120 2. Any witness who testified against the prisoner or child in any court
21proceeding involving the offense or act.
AB501,5,2422 3. A person who, because of a physical act or threat of a physical act by the
23prisoner or child, reasonably fears an unlawful interference with his or her person
24by the prisoner or child.
AB501,6,2
14. A person who has an injunction under s. 813.12, 813.122 or 813.125 against
2the prisoner or child.
AB501,6,53 (c) The department shall make a reasonable effort to notify the person by
4telephone as soon as possible after the escape and after any subsequent
5apprehension of the prisoner or child.
AB501,6,176 (d) The department shall design and prepare cards for any person specified in
7par. (b) to send to the department. The cards shall have space for any such person
8to provide his or her name, telephone number and mailing address, the name of the
9applicable prisoner or child and any other information that the department
10determines is necessary. The department shall provide the cards, without charge,
11to district attorneys, sheriffs, superintendents of houses of correction and county
12departments. District attorneys, sheriffs, superintendents of houses of correction
13and county departments shall provide the cards, without charge, to persons specified
14in par. (b). These persons may send completed cards to the department. All
15department records or portions of records that relate to telephone numbers and
16mailing addresses of these persons are not subject to inspection or copying under s.
1719.35 (1).
AB501,6,2218 (e) In addition to using completed cards sent to it under par. (d), the department
19shall use the transaction information for management of enforcement system to
20determine whether there are persons specified in par. (b) 4. who have an injunction
21issued under s. 813.12, 813.122 or 813.125 against the prisoner and, if so, the names
22and addresses of those persons.
AB501, s. 13 23Section 13. 302.47 of the statutes is created to read:
AB501,6,25 24302.47 Notification about escape of jail or house of correction prisoner.
25(1) In this section:
AB501,7,2
1(a) "Jail" includes a house of correction, a Huber facility under s. 303.09 or a
2work camp under s. 303.10.
AB501,7,33 (b) "Jailer" includes a sheriff, superintendent or other keeper of a jail.
AB501,7,64 (c) "Jail prisoner" means a person confined in a jail who has been arrested for,
5charged with, convicted of or sentenced for a crime, including a person confined
6under s. 973.09 (4).
AB501,7,87 (d) "Member of the family" means a spouse, child, sibling, parent or legal
8guardian.
AB501,7,99 (e) "Victim" means a person against whom a crime has been committed.
AB501,7,12 10(2) If a jail prisoner escapes from a jail, the jailer shall make a reasonable effort
11to notify all of the following persons, if they can be found, in accordance with sub. (3)
12and after receiving a completed card under sub. (4) and complying with sub. (5):
AB501,7,1513 (a) The victim of the crime committed by the jail prisoner or, if the victim died
14as a result of the crime, an adult member of the victim's family or, if the victim is
15younger than 18 years old, the victim's parent or legal guardian.
AB501,7,1716 (b) Any witness who testified against the jail prisoner in any court proceeding
17involving the offense.
AB501,7,2018 (c) A person who, because of a physical act or threat of a physical act by the jail
19prisoner, reasonably fears an unlawful interference with his or her person by the jail
20prisoner.
AB501,7,2221 (d) A person who has an injunction under s. 813.12, 813.122 or 813.125 against
22the jail prisoner.
AB501,7,25 23(3) The jailer shall make a reasonable effort to notify the persons specified in
24sub. (2) by telephone as soon as possible after the escape and after any subsequent
25apprehension of the jail prisoner.
AB501,8,11
1(4) The department shall, in cooperation with jailers, design and prepare cards
2for any person specified in sub. (2) to send to the jailer who has custody of the
3applicable jail prisoner. The cards shall have space for any such person to provide
4his or her name, telephone number and mailing address, the name of the applicable
5jail prisoner and any other information that the department and jailers determine
6is necessary. The department shall provide the cards, without charge, to district
7attorneys and jailers. District attorneys and jailers shall provide the cards, without
8charge, to persons specified in sub. (2). These persons may send completed cards to
9the jailer who has custody of the applicable jail prisoner. All records or portions of
10records of a jailer that relate to telephone numbers and mailing addresses of these
11persons are not subject to inspection or copying under s. 19.35 (1).
AB501,8,16 12(5) In addition to using completed cards sent to him or her under sub. (4), a
13jailer shall use the transaction information for management of enforcement system
14to determine whether there are persons specified in sub. (2) (d) who have an
15injunction issued under s. 813.12, 813.122 or 813.125 against the jail prisoner and,
16if so, the names and addresses of those persons.
AB501, s. 14 17Section 14. 938.51 (2) of the statutes is amended to read:
AB501,9,418 938.51 (2) The department shall design and prepare cards for any person
19specified in sub. (1) (b), (c) or (d) to send to the department or county department
20having supervision over the juvenile. The cards shall have space for any such person
21to provide his or her name, telephone number and mailing address, the name of the
22applicable juvenile and any other information that the department determines is
23necessary. The department shall provide the cards, without charge, to district
24attorneys. District attorneys shall provide the cards, without charge, to persons
25specified in sub. (1) (b) to (d). These persons may send completed cards to the

1department or county department having supervision over the juvenile. All
2department records or portions of records that relate to telephone numbers and
3mailing addresses of these persons are not subject to inspection or copying under s.
419.35 (1).
AB501, s. 15 5Section 15. 938.51 (4) (c) of the statutes is created to read:
AB501,9,86 938.51 (4) (c) A person who, because of a physical act or threat of a physical act
7by the juvenile, reasonably fears an unlawful interference with his or her person by
8the juvenile.
AB501, s. 16 9Section 16. 938.51 (4) (d) of the statutes is created to read:
AB501,9,1110 938.51 (4) (d) A person who has an injunction under s. 813.12, 813.122 or
11813.125 against the juvenile.
AB501, s. 17 12Section 17. 938.51 (5) of the statutes is created to read:
AB501,9,1713 938.51 (5) In addition to using completed cards sent to it under sub. (2), the
14department or county department shall use the transaction information for
15management of enforcement system to determine whether there are persons
16specified in sub. (4) (d) who have an injunction issued under s. 813.12, 813.122 or
17813.125 against the juvenile and, if so, the names and addresses of those persons.
AB501, s. 18 18Section 18. 950.045 of the statutes is amended to read:
AB501,9,25 19950.045 Victims; application for parole or pardon; releases; escapes;
20corrections programs.
Victims of crimes have the right to provide written
21statements concerning parole applications under s. 304.06 (1) (e), to have direct input
22in the parole decision-making process under s. 304.06 (1) (em) and to provide written
23statements concerning pardon applications under s. 304.10 (2). Victims of crimes
24have the right to be notified by district attorneys under s. 971.17 (4m) regarding
25conditional releases under s. 971.17. Victims of crimes have the right to be notified

1by the department of health and family services under s. 971.17 (6m) regarding
2terminations or discharges under s. 971.17. Victims of crimes have the right to be
3notified by the department of corrections under s. 301.046 (4) regarding community
4residential confinements, under s. 301.048 (4m) regarding participation in the
5intensive sanctions program, under s. 301.38 regarding escapes from a Type 1
6prison,
under s. 302.115 regarding the expiration of sentences and under s. 304.063
7regarding parole releases. Victims of crimes have the right to be notified under ss.
8301.38, 302.425 (6m), 302.47, 938.51 (4) and 973.03 (4) (f) regarding escapes.
Victims
9of acts of sexual violence have the right to be notified by district attorneys or the
10department of justice under s. 980.11 regarding supervised releases under s. 980.06
11and discharges under s. 980.09 or 980.10.
AB501, s. 19 12Section 19. 950.045 of the statutes, as affected by 1995 Wisconsin Act 440,
13section 88, and 1997 Wisconsin Act .... (this act), is repealed and recreated to read:
AB501,11,7 14950.045 Victims; application for parole or pardon; releases; escapes;
15corrections programs.
Victims of crimes have the right to provide written
16statements concerning parole applications under s. 304.06 (1) (e), to have direct input
17in the parole decision-making process under s. 304.06 (1) (em) and to provide written
18statements concerning pardon applications under s. 304.10 (2). Victims of crimes
19have the right to be notified by district attorneys under s. 971.17 (4m) regarding
20conditional releases under s. 971.17. Victims of crimes have the right to be notified
21by the department of health and family services under s. 971.17 (6m) regarding
22terminations or discharges under s. 971.17. Victims of crimes have the right to be
23notified by the department of corrections under s. 301.046 (4) regarding community
24residential confinements, under s. 301.048 (4m) regarding participation in the
25intensive sanctions program, under s. 302.115 regarding the expiration of sentences

1and under s. 304.063 regarding parole releases. Victims of crimes have the right to
2be notified under ss. 301.38, 302.425 (6m), 302.47, 938.51 (4) and 973.03 (4) (f)
3regarding escapes. Victims of acts of sexual violence have the right to be notified by
4the department of health and family services under s. 980.11 regarding supervised
5releases under s. 980.06 and discharges under s. 980.09 or 980.10. Victims have the
6right to be notified of the registration of a person and the update of information
7regarding that person under s. 301.46.
AB501, s. 20 8Section 20. 973.03 (4) (a) of the statutes is amended to read:
AB501,11,229 973.03 (4) (a) In lieu of a sentence of imprisonment to the county jail, a court
10may impose a sentence of detention at the defendant's place of residence or other
11place designated by the court. The length of detention may not exceed the maximum
12possible period of imprisonment. The detention shall be monitored by the
13department by
the use of an electronic device worn continuously on the defendant's
14person and capable of providing positive identification of the wearer at the detention
15location at any time. A sentence of detention in lieu of jail confinement may be
16imposed only if agreed to by the defendant. The court and the department shall
17ensure that the defendant is provided a written statement of the terms of the
18sentence of detention, including a description of the detention monitoring procedures
19and requirements and of any applicable liability issues. The terms of the sentence
20of detention may include a requirement that the defendant pay the department a
21daily fee to cover the costs associated with monitoring him or her. In that case, the
22terms must specify to whom the payments are made.
AB501, s. 21 23Section 21. 973.03 (4) (d) of the statutes is amended to read:
AB501,12,3
1973.03 (4) (d) A sentence under this subsection is not a sentence of
2imprisonment, except as provided in par. (e) and except for purposes of ss. 973.04,
3973.15 (8) (a) and 973.19.
AB501, s. 22 4Section 22. 973.03 (4) (e) of the statutes is created to read:
AB501,12,85 973.03 (4) (e) Any intentional failure of a person sentenced to detention under
6par. (a) to remain within the limits of his or her detention or to return to his or her
7place of detention, as specified in the terms of detention under par. (a), is considered
8an escape under s. 946.42 (3) (a).
AB501, s. 23 9Section 23. 973.03 (4) (f) of the statutes is created to read:
AB501,12,1010 973.03 (4) (f) 1. In this paragraph:
AB501,12,1211 a. "Member of the family" means a spouse, child, sibling, parent or legal
12guardian.
AB501,12,1313 b. "Victim" means a person against whom a crime has been committed.
AB501,12,1714 2. If a person sentenced to detention under par. (a) escapes from detention, the
15department shall make a reasonable effort to notify all of the following persons, if
16they can be found, in accordance with subd. 3. and after receiving a completed card
17under subd. 4. and complying with subd. 5.:
AB501,12,2018 a. The victim of the crime committed by the person sentenced to detention or,
19if the victim died as a result of the crime, an adult member of the victim's family or,
20if the victim is younger than 18 years old, the victim's parent or legal guardian.
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