LRB-4846/1
JEO:jlg:km
1997 - 1998 LEGISLATURE
March 24, 1998 - Introduced by Senators Burke, Grobschmidt and Roessler,
cosponsored by Representatives
Bock, Carpenter, Dobyns, J. Lehman and R.
Young, by request of Milwaukee County District Attorney. Referred to
Committee on Judiciary, Campaign Finance Reform and Consumer Affairs.
SB528,1,5
1An Act to repeal 302.425 (6);
to renumber and amend 946.425 (1);
to amend
2938.51 (4) (intro.), 946.42 (3) (intro.), 946.425 (1m) (a) and 946.425 (1m) (b); and
3to create 946.42 (3m) and 946.425 (1) (a) of the statutes;
relating to: penalties
4for failure to report to jail in certain circumstances and for escapes from home
5detention programs.
Analysis by the Legislative Reference Bureau
This bill changes current penalties for failure to report to jail in certain
circumstances and for escapes from home detention programs.
Failure to report to jail
Current law provides penalties for failing to report to jail to begin serving a
sentence. The penalties vary depending on the circumstances of the case. The
penalties affected by this bill are as follows:
1. Currently, a court may sentence a person to serve a series of periods in jail
instead of a continuous sentence. These period may not be less than 48 hours nor
more than 3 days for each period. If a person who has been sentenced to a series of
periods in jail fails to report to jail as required by the sentence, the person may be
fined not more than $10,000 or imprisoned for not more than 5 years or both. This
bill changes this penalty if the series of periods in jail were imposed for a
misdemeanor conviction. Under the bill, a person who fails to report to jail to serve
a series of periods in jail for a misdemeanor conviction may be fined not more than
$10,000 or imprisoned for not more than 9 months or both. If a person fails to report
to jail to serve a series of periods of jail imposed for a felony conviction, the penalty
provided under current law applies.
2. Currently, a court may under some circumstances delay the date on which
a person must begin serving a jail sentence. If a person fails to report to jail as
required after a court delays the starting date of a sentence, the penalty the person
faces will depend on the length of the sentence. If the sentence is less than 10 days
in jail, the person may be fined not more $10,000 or imprisoned for not more than 9
months or both. If the sentence is 10 or more days in jail, the person may be fined
not more $10,000 or imprisoned for not more than 5 years or both. This bill provides
that the penalty depends not on the length of the sentence but on whether the
sentence was imposed for a misdemeanor or for a felony. Thus, under the bill, if the
sentence was imposed for a misdemeanor, the person may be fined not more $10,000
or imprisoned for not more than 9 months or both. If the sentence was imposed for
a felony, the person may be fined not more $10,000 or imprisoned for not more than
5 years or both.
Escape from a home detention program
Under current law, a county sheriff or a superintendent of a house of correction
may place a jail prisoner who has been arrested for, charged with, convicted of or
sentenced for a crime into a home detention program. In addition, the department
of corrections (DOC) or a county department of human or social services (county
department) may place a child who is in its custody or under its supervision into a
home detention program. Under a home detention program, the prisoner or child is
detained at his or her residence or other designated place and is monitored by an
electronic monitoring system. The sheriff or superintendent or, in the case of a child,
DOC or the county department must establish reasonable terms of detention. If a
person placed in a home detention program intentionally fails to remain within the
limits of his or her detention or to return to his or her place of detention, the person
may be fined not more than $10,000 or imprisoned for not more than 5 years or both,
except that if the person is a child who is not waived into adult court, he or she would
instead be subject to proceedings in a court authorized to exercise jurisdiction under
the juvenile justice code.
This bill changes the penalty for escaping from a home detention program if the
person is in the home detention program after being arrested for, charged with,
convicted of or sentenced for a misdemeanor. Under the bill, a person who escapes
from a home detention program after being arrested for, charged with, convicted of
or sentenced for a misdemeanor may be fined not more than $10,000 or imprisoned
for not more than 9 months or both. If a person escapes from a home detention
program after being arrested for, charged with, convicted of or sentenced for a felony,
the penalty provided under current law applies. As under current law, if the person
who escapes from home detention is a child who is not waived into adult court, he or
she would be subject to proceedings in a court authorized to exercise jurisdiction
under the juvenile justice code.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB528, s. 1
1Section
1. 302.425 (6) of the statutes is repealed.
SB528, s. 2
2Section
2. 938.51 (4) (intro.) of the statutes is amended to read:
SB528,3,63
938.51
(4) (intro.) If a juvenile escapes in violation of s. 946.42 (3)
or (3m), as
4soon as possible after the department or county department having supervision over
5the juvenile discovers that escape, that department or county department shall
6make a reasonable effort to notify by telephone all of the following persons:
SB528, s. 3
7Section
3. 946.42 (3) (intro.) of the statutes is amended to read:
SB528,3,108
946.42
(3) (intro.)
A Except as provided in sub. (3m), a person in custody who
9intentionally escapes from custody under any of the following circumstances is guilty
10of a Class D felony:
SB528, s. 4
11Section
4. 946.42 (3m) of the statutes is created to read:
SB528,3,1512
946.42
(3m) A prisoner in a home detention program under s. 302.425 who
13intentionally fails to remain within the limits of his or her detention or to return to
14his or her place of detention, as specified in the terms of detention under s. 302.425
15(3), is guilty of:
SB528,3,1716
(a) A Class A misdemeanor, if the person has been arrested for, charged with,
17convicted of or sentenced for a misdemeanor.
SB528,3,1918
(b) A Class D felony, if the person has been arrested for, charged with, convicted
19of or sentenced for a felony.
SB528, s. 5
20Section
5. 946.425 (1) of the statutes is renumbered 946.425 (1) (intro.) and
21amended to read:
SB528,4,3
1946.425
(1) (intro.) Any person who is
subject sentenced to a series of periods
2of imprisonment under s. 973.03 (5) (b) and who intentionally fails to report to the
3county jail as required under the sentence is guilty of
a:
SB528,4,4
4(b) A Class D felony
, if the sentence was imposed for a felony.
SB528, s. 6
5Section
6. 946.425 (1) (a) of the statutes is created to read:
SB528,4,76
946.425
(1) (a) A Class A misdemeanor, if the sentence was imposed for a
7misdemeanor.
SB528, s. 7
8Section
7. 946.425 (1m) (a) of the statutes is amended to read:
SB528,4,139
946.425
(1m) (a) Any person who receives a stay of execution
under s. 973.15
10(8) (a) of a sentence of imprisonment
of less than 10 days to a county jail
under s.
11973.15 (8) (a) that was imposed for a misdemeanor and who intentionally fails to
12report to the county jail as required under the sentence is guilty of a Class A
13misdemeanor.
SB528, s. 8
14Section
8. 946.425 (1m) (b) of the statutes is amended to read:
SB528,4,1815
946.425
(1m) (b) Any person who receives a stay of execution
under s. 973.15
16(8) (a) of a sentence of imprisonment
of 10 or more days to a county jail
under s. 973.15
17(8) (a) that was imposed for a felony and who intentionally fails to report to the county
18jail as required under the sentence is guilty of a Class D felony.
SB528,4,2120
(1) This act first applies to offenses committed on the effective date of this
21subsection.
