SB137,85,2120
765.30
(1) (intro.) The following shall be fined not less than $200 nor more
21than $1,000 or imprisoned for not more than one year or both:
SB137,85,2524
765.30
(2) (intro.) The following shall be fined not less than $100 nor more
25than $1,000 or imprisoned for not more than one year or both:
SB137,86,5
3768.07 Penalty. Any person who violates any provision of this chapter may
4be fined not less than $100 nor more than $1,000 or imprisoned for not more than one
5year or both.
SB137,86,14
8783.07 Fine or imprisonment. Whenever a peremptory mandamus shall be
9directed to any public officer, body, board or person, commanding the performance
10of any duty specially enjoined by law, if it shall appear to the court that such officer
11or person or any member of such body or board has, without just excuse, refused or
12neglected to perform the duty so enjoined, the court may impose a fine, not exceeding
13$5,000, upon every such officer, person or member of such body or board, or sentence
14the officer, person or member to imprisonment for not more than 5 years.
SB137, s. 300
15Section
300. 801.50 (5) of the statutes is amended to read:
SB137,86,1916
801.50
(5) Venue of an action to review a probation
, extended supervision or
17parole revocation or a refusal of parole by certiorari shall be the county in which the
18relator was last convicted of an offense for which the relator was on probation
,
19extended supervision or parole or for which the relator is currently incarcerated.
SB137, s. 301
20Section
301. 807.15 (2) (intro.) of the statutes is amended to read:
SB137,87,221
807.15
(2) (intro.) In any action or special proceeding, including a petition for
22a common law writ of certiorari, brought by a prisoner, the court may, on its own
23motion or on the motion of any party, order the department of corrections to extend
24the prisoner's mandatory release date calculated under s. 302.11 (1)
or the prisoner's
25eligibility for release to extended supervision under s. 302.113 (3) (bm) or 302.114 (3)
1(c) or order the sheriff to deprive the prisoner of good time under s. 302.43 if the court
2finds that any of the following applies:
SB137, s. 302
3Section
302. 807.15 (3) (a) of the statutes is amended to read:
SB137,87,94
807.15
(3) (a) Subject to
pars. par. (b)
and (c), if a court orders the department
5of corrections to extend a prisoner's mandatory release date
or eligibility for release
6to extended supervision or orders the sheriff to deprive the prisoner of good time
7under sub. (2), the order shall specify the number of days by which the mandatory
8release date
or eligibility for release to extended supervision is to be extended or the
9good time deprived.
SB137, s. 303
10Section
303. 807.15 (3) (c) of the statutes is repealed.
SB137, s. 304
11Section
304. 938.183 (3) of the statutes is amended to read:
SB137,87,1912
938.183
(3) When a juvenile who is subject to a criminal penalty under sub.
13(1m) or (2) attains the age of 17 years, the department may place the juvenile in a
14state prison named in s. 302.01. If a juvenile who is subject to a criminal penalty
15under sub. (1m) or (2) is 15 years of age or over, the department may transfer the
16juvenile to the Racine youthful offender correctional facility named in s. 302.01 as
17provided in s. 938.357 (4) (d). A juvenile who is subject to a criminal penalty under
18sub. (1m) or (2)
for an act committed before December 31, 1999, is eligible for parole
19under s. 304.06.
SB137, s. 305
20Section
305. 938.78 (2) (d) 5. of the statutes is amended to read:
SB137,87,2221
938.78
(2) (d) 5. On parole under s. 302.11 or ch. 304
or on extended supervision
22under s. 302.113 or 302.114.
SB137, s. 306
23Section
306. 938.991 (1) of the statutes is amended to read:
SB137,88,1624
938.991
(1) Article I - Findings and Purposes. That juveniles who are not
25under proper supervision and control, or who have absconded, escaped or run away,
1are likely to endanger their own health, morals and welfare, and the health, morals
2and welfare of others. The cooperation of the states party to this compact is therefore
3necessary to provide for the welfare and protection of juveniles and of the public with
4respect to (1) cooperative supervision of delinquent juveniles on probation
, extended
5supervision or parole; (2) the return, from one state to another, of delinquent
6juveniles who have escaped or absconded; (3) the return, from one state to another,
7of nondelinquent juveniles who have run away from home; and (4) additional
8measures for the protection of juveniles and of the public, which any 2 or more of the
9party states may find desirable to undertake cooperatively. In carrying out the
10provisions of this compact the party states shall be guided by the noncriminal,
11reformative and protective policies which guide their laws concerning delinquent,
12neglected or dependent juveniles generally. It shall be the policy of the states party
13to this compact to cooperate and observe their respective responsibilities for the
14prompt return and acceptance of juveniles and delinquent juveniles who become
15subject to the provisions of this compact. The provisions of this compact shall be
16reasonably and liberally construed to accomplish the foregoing purposes.
SB137, s. 307
17Section
307. 938.991 (3) (c) of the statutes is amended to read:
SB137,88,1918
938.991
(3) (c) "Probation
, extended supervision or parole" means any kind of
19conditional release of juveniles authorized under the laws of the states party hereto.
SB137, s. 308
20Section
308. 938.991 (5) (a) of the statutes is amended to read:
SB137,90,521
938.991
(5) (a) That the appropriate person or authority from whose probation
,
22extended supervision or parole supervision a delinquent juvenile has absconded or
23from whose institutional custody the delinquent juvenile has escaped shall present
24to the appropriate court or to the executive authority of the state where the
25delinquent juvenile is alleged to be located a written requisition for the return of the
1delinquent juvenile. The requisition shall state the name and age of the delinquent
2juvenile, the particulars of that person's adjudication as a delinquent juvenile, the
3circumstances of the breach of the terms of the delinquent juvenile's probation
,
4extended supervision or parole or of the delinquent juvenile's escape from an
5institution or agency vested with legal custody or supervision of the delinquent
6juvenile, and the location of the delinquent juvenile, if known, at the time the
7requisition is made. The requisition shall be verified by affidavit, shall be executed
8in duplicate, and shall be accompanied by 2 certified copies of the judgment, formal
9adjudication, or order of commitment which subjects the delinquent juvenile to
10probation
, extended supervision or parole or to the legal custody of the institution or
11agency concerned. Further affidavits and other documents as may be deemed proper
12may be submitted with the requisition. One copy of the requisition shall be filed with
13the compact administrator of the demanding state, there to remain on file subject to
14the provisions of law governing records of the appropriate court. Upon the receipt
15of a requisition demanding the return of a delinquent juvenile who has absconded
16or escaped, the court or the executive authority to whom the requisition is addressed
17shall issue an order to any peace officer or other appropriate person directing that
18person to take into custody and detain the delinquent juvenile. The detention order
19must substantially recite the facts necessary to the validity of its issuance hereunder.
20No delinquent juvenile detained upon a detention order shall be delivered over to the
21officer whom the appropriate person or authority demanding the delinquent juvenile
22shall have appointed to receive the delinquent juvenile, unless the delinquent
23juvenile shall first be taken forthwith before a judge of an appropriate court in the
24state, who shall inform the delinquent juvenile of the demand made for the return
25of the delinquent juvenile and who may appoint counsel or guardian ad litem for the
1delinquent juvenile. If the judge shall find that the requisition is in order, the judge
2shall deliver the delinquent juvenile over to the officer whom the appropriate person
3or authority demanding shall have appointed to receive the delinquent juvenile. The
4judge, however, may fix a reasonable time to be allowed for the purpose of testing the
5legality of the proceeding.
SB137, s. 309
6Section
309. 938.991 (5) (am) of the statutes is amended to read:
SB137,91,87
938.991
(5) (am) Upon reasonable information that a person is a delinquent
8juvenile who has absconded while on probation
, extended supervision or parole, or
9escaped from an institution or agency vested with legal custody or supervision of the
10person in any state party to this compact, the person may be taken into custody in
11any other state party to this compact without a requisition. In that event, the person
12must be taken forthwith before a judge of the appropriate court, who may appoint
13counsel or guardian ad litem for the person and who shall determine, after a hearing,
14whether sufficient cause exists to hold the person subject to the order of the court for
15a time, not exceeding 90 days, as will enable the person's detention under a detention
16order issued on a requisition pursuant to this subsection. If, at the time when a state
17seeks the return of a delinquent juvenile who has either absconded while on
18probation
, extended supervision or parole or escaped from an institution or agency
19vested with legal custody or supervision of the delinquent juvenile, there is pending
20in the state wherein the delinquent juvenile is detained any criminal charge or any
21proceeding to have the delinquent juvenile adjudicated a delinquent juvenile for an
22act committed in that state, or if the delinquent juvenile is suspected of having
23committed within such state a criminal offense or an act of juvenile delinquency, the
24delinquent juvenile shall not be returned without the consent of that state until
25discharged from prosecution or other form of proceeding, imprisonment, detention
1or supervision for such offense or juvenile delinquency. The duly accredited officers
2of any state party to this compact, upon the establishment of the officers' authority
3and the identity of the delinquent juvenile being returned, shall be permitted to
4transport the delinquent juvenile through any and all states party to this compact,
5without interference. Upon the return of the delinquent juvenile to the state from
6which the delinquent juvenile escaped or absconded, the delinquent juvenile shall
7be subject to such further proceedings as may be appropriate under the laws of that
8state.
SB137, s. 310
9Section
310. 938.991 (6) of the statutes is amended to read:
SB137,92,1010
938.991
(6) Article VI - Voluntary Return Procedure. That any delinquent
11juvenile who has absconded while on probation
, extended supervision or parole, or
12escaped from an institution or agency vested with legal custody or supervision of the
13delinquent juvenile in any state party to this compact, and any juvenile who has run
14away from any state party to this compact, who is taken into custody without a
15requisition in another state party to this compact under sub. (4) (a) or (5) (a), may
16consent to his or her immediate return to the state from which the juvenile or
17delinquent juvenile absconded, escaped or ran away. Consent shall be given by the
18juvenile or delinquent juvenile and his or her counsel or guardian ad litem, if any,
19by executing or subscribing a writing, in the presence of a judge of the appropriate
20court, which states that the juvenile or delinquent juvenile and his or her counsel or
21guardian ad litem, if any, consent to the return of the juvenile or delinquent juvenile
22to the demanding state. Before the consent shall be executed or subscribed, however,
23the judge, in the presence of counsel or guardian ad litem, if any, shall inform the
24juvenile or delinquent juvenile of his or her rights under this compact. When the
25consent has been duly executed, it shall be forwarded to and filed with the compact
1administrator of the state in which the court is located and the judge shall direct the
2officer having the juvenile or delinquent juvenile in custody to deliver the juvenile
3or delinquent juvenile to the duly accredited officer or officers of the state demanding
4the return of the juvenile or delinquent juvenile, and shall cause to be delivered to
5the officer or officers a copy of the consent. The court may, however, upon the request
6of the state to which the juvenile or delinquent juvenile is being returned, order the
7juvenile or delinquent juvenile to return unaccompanied to that state and shall
8provide the juvenile or delinquent juvenile with a copy of the court order; in that
9event a copy of the consent shall be forwarded to the compact administrator of the
10state to which the juvenile or delinquent juvenile is ordered to return.
SB137, s. 311
11Section
311. 938.991 (7) (title) of the statutes is amended to read:
SB137,92,1312
938.991
(7) (title)
Article VII - Cooperative Supervision of Probationers,
13Persons on extended supervision and Parolees.
SB137, s. 312
14Section
312. 938.991 (7) (a) of the statutes is amended to read:
SB137,93,715
938.991
(7) (a) That the duly constituted judicial and administrative
16authorities of a state party to this compact (herein called "sending state") may permit
17any delinquent juvenile within such state, placed on probation
, extended supervision
18or parole, to reside in any other state party to this compact (herein called "receiving
19state") while on probation
, extended supervision or parole, and the receiving state
20shall accept such delinquent juvenile, if the parent, guardian or person entitled to
21the legal custody of such delinquent juvenile is residing or undertakes to reside
22within the receiving state. Before granting such permission, opportunity shall be
23given to the receiving state to make such investigations as it deems necessary. The
24authorities of the sending state shall send to the authorities of the receiving state
25copies of pertinent court orders, social case studies and all other available
1information which may be of value to and assist the receiving state in supervising
2a probationer
, or parolee
or person under extended supervision under this compact.
3A receiving state, in its discretion, may agree to accept supervision of a probationer
, 4or parolee
or person under extended supervision in cases where the parent, guardian
5or person entitled to legal custody of the delinquent juvenile is not a resident of the
6receiving state, and if so accepted the sending state may transfer supervision
7accordingly.
SB137, s. 313
8Section
313. 938.991 (7) (b) of the statutes is amended to read:
SB137,93,139
938.991
(7) (b) That each receiving state will assume the duties of visitation
10and of supervision over any such delinquent juvenile and in the exercise of those
11duties will be governed by the same standards of visitation and supervision that
12prevail for its own delinquent juveniles released on probation
, extended supervision
13or parole.
SB137, s. 314
14Section
314. 938.991 (7) (c) of the statutes is amended to read:
SB137,94,915
938.991
(7) (c) That, after consultation between the appropriate authorities of
16the sending state and of the receiving state as to the desirability and necessity of
17returning such a delinquent juvenile, the duly accredited officers of a sending state
18may enter a receiving state and there apprehend and retake any such delinquent
19juvenile on probation
, extended supervision or parole. For that purpose, no
20formalities will be required, other than establishing the authority of the officer and
21the identity of the delinquent juvenile to be retaken and returned. The decision of
22the sending state to retake a delinquent juvenile on probation
, extended supervision
23or parole shall be conclusive upon and not reviewable within the receiving state, but
24if, at the time the sending state seeks to retake a delinquent juvenile on probation
,
25extended supervision or parole, there is pending against the delinquent juvenile
1within the receiving state any criminal charge or any proceeding to have the
2delinquent juvenile adjudicated a delinquent juvenile for any act committed in that
3state, or if the delinquent juvenile is suspected of having committed within that state
4a criminal offense or an act of juvenile delinquency, the delinquent juvenile shall not
5be returned without the consent of the receiving state until discharged from
6prosecution or other form of proceeding, imprisonment, detention or supervision for
7such offense or juvenile delinquency. The duly accredited officers of the sending state
8shall be permitted to transport delinquent juveniles being so returned through any
9and all states party to this compact, without interference.
SB137, s. 315
10Section
315. 938.991 (14) of the statutes is amended to read:
SB137,94,2011
938.991
(14) Article XIV - Renunciation. That this compact shall continue in
12force and remain binding upon each executing state until renounced by it.
13Renunciation of this compact shall be by the same authority which executed it, by
14sending 6 months notice in writing of its intention to withdraw from the compact to
15the other states party hereto. The duties and obligations of a renouncing state under
16sub. (7) shall continue as to parolees
, or probationers
and persons on extended
17supervision residing therein at the time of withdrawal until retaken or finally
18discharged. Supplementary agreements entered into under sub. (10) shall be subject
19to renunciation as provided by such supplementary agreements, and shall not be
20subject to the 6 months' renunciation notice of the present Article.
SB137, s. 316
21Section
316. 938.993 (2) of the statutes is amended to read:
SB137,95,522
938.993
(2) The compact administrator shall determine for this state whether
23to receive juvenile probationers
, and parolees
and persons on extended supervision
24of other states under s. 938.991 (7) and shall arrange for the supervision of each such
25probationer
, or parolee
or person on extended supervision received, either by the
1department or by a person appointed to perform supervision service for the court
2assigned to exercise jurisdiction under this chapter and ch. 48 for the county where
3the juvenile is to reside, whichever is more convenient. Those persons shall in all
4such cases make periodic reports to the compact administrator regarding the conduct
5and progress of the juveniles.
SB137,95,88
939.50
(3) (b) For a Class B felony, imprisonment not to exceed 40 years.
SB137,95,1211
939.50
(3) (bc) For a Class BC felony, a fine not to exceed $10,000 or
12imprisonment not to exceed 20 years, or both.
SB137,95,1615
939.50
(3) (c) For a Class C felony, a fine not to exceed $10,000 or imprisonment
16not to exceed 10 years, or both.
SB137,95,2019
939.50
(3) (d) For a Class D felony, a fine not to exceed $10,000 or imprisonment
20not to exceed 5 years, or both.
SB137,95,2423
939.50
(3) (e) For a Class E felony, a fine not to exceed $10,000 or imprisonment
24not to exceed 2 years, or both.
SB137,96,43
939.615
(3) (b) If the person is sentenced to prison for the serious sex offense,
4upon his or her discharge from parole.
SB137, s. 323
5Section
323. 939.62 (2m) (c) of the statutes is amended to read:
SB137,96,86
939.62
(2m) (c) If the actor is a persistent repeater, the term of imprisonment
7for the felony for which the persistent repeater presently is being sentenced under
8ch. 973 is life imprisonment without the possibility of parole
or extended supervision.
SB137, s. 324
9Section
324. 940.20 (2m) (title) of the statutes is amended to read:
SB137,96,1110
940.20
(2m) (title)
Battery to probation
, extended supervision and parole
11agents and aftercare agents.
SB137, s. 325
12Section
325. 940.20 (2m) (a) 2. of the statutes is amended to read:
SB137,96,1513
940.20
(2m) (a) 2. "Probation
, extended supervision and parole agent" means
14any person authorized by the department of corrections to exercise control over a
15probationer
, or parolee
or person on extended supervision.
SB137, s. 326
16Section
326. 940.20 (2m) (b) of the statutes is amended to read:
SB137,96,2117
940.20
(2m) (b) Whoever intentionally causes bodily harm to a probation
,
18extended supervision and parole agent or an aftercare agent, acting in an official
19capacity and the person knows or has reason to know that the victim is a probation
,
20extended supervision and parole agent or an aftercare agent, by an act done without
21the consent of the person so injured, is guilty of a Class D felony.
SB137, s. 327
22Section
327. 942.06 (2m) (a) of the statutes is amended to read:
SB137,96,2523
942.06
(2m) (a) An employe or agent of the department of corrections who
24conducts a lie detector test of a probationer
, or parolee
or person on extended
25supervision under the rules promulgated under s. 301.132.
SB137, s. 328
1Section
328. 942.06 (2q) (a) (intro.) of the statutes is amended to read:
SB137,97,52
942.06
(2q) (a) (intro.) An employe or agent of the department of corrections
3who discloses, to any of the following, the fact that a probationer
, or parolee
or person
4on extended supervision has had a lie detector test under the rules promulgated
5under s. 301.132 or the results of such a lie detector test:
SB137, s. 329
6Section
329. 946.42 (1) (a) of the statutes is amended to read:
SB137,97,227
946.42
(1) (a) "Custody" includes without limitation actual custody of an
8institution, including a secured correctional facility, as defined in s. 938.02 (15m), a
9secured child caring institution, as defined in s. 938.02 (15g), a secure detention
10facility, as defined in s. 938.02 (16), a Type 2 child caring institution, as defined in
11s. 938.02 (19r), or a juvenile portion of a county jail, or of a peace officer or institution
12guard and constructive custody of prisoners and juveniles subject to an order under
13s. 48.366, 938.183, 938.34 (4d), (4h) or (4m) or 938.357 (4) or (5) (e) temporarily
14outside the institution whether for the purpose of work, school, medical care, a leave
15granted under s. 303.068, a temporary leave or furlough granted to a juvenile or
16otherwise. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the
17county to which the prisoner was transferred after conviction. It does not include the
18custody of a probationer
, or parolee
or person on extended supervision by the
19department of corrections or a probation
, extended supervision or parole officer or
20the custody of a person who has been released to aftercare supervision under ch. 938
21unless the person is in actual custody or is subject to a confinement order under s.
22973.09 (4).
SB137, s. 330
23Section
330. 946.46 of the statutes is amended to read:
SB137,98,5
24946.46 (title)
Encouraging violation of probation, extended
25supervision or parole. Whoever intentionally aids or encourages a parolee
, or
1probationer
or person on extended supervision or any person committed to the
2custody or supervision of the department of corrections or a county department
3under s. 46.215, 46.22 or 46.23 by reason of crime or delinquency to abscond or violate
4a term or condition of parole
, extended supervision or probation is guilty of a Class A
5misdemeanor.
SB137,98,128
946.85
(1) Any person who engages in a continuing criminal enterprise shall
9be imprisoned for not less than 10 years nor more than 20 years, and fined not more
10than $10,000 or as provided in s. 946.84 (2). If the court imposes a sentence less than
11the presumptive minimum sentence, it shall place its reasons for doing so on the
12record.
SB137, s. 332
13Section
332. 950.04 (1v) (v) of the statutes is amended to read:
SB137,98,2114
950.04
(1v) (v) To have the department of corrections make a reasonable
15attempt to notify the victim under s. 301.046 (4) regarding community residential
16confinements, under s. 301.048 (4m) regarding participation in the intensive
17sanctions program, under s. 301.38 regarding escapes from a Type 1 prison, under
18s. 301.46 (3) regarding persons registered under s. 301.45, under s. 302.115
19regarding release upon expiration of certain sentences, under s. 304.063 regarding
20extended supervision and parole releases, and under s. 938.51 regarding release or
21escape of a juvenile from correctional custody.
SB137, s. 333
22Section
333. 950.04 (1v) (vm) of the statutes is repealed.
SB137,99,4
1961.41
(1) (a) Except as provided in par. (d), a controlled substance included
2in schedule I or II that is a narcotic drug, or a controlled substance analog of a
3controlled substance included in schedule I or II that is a narcotic drug, may be fined
4not more than $25,000 or imprisoned for not more than 15 years or both.
SB137,99,107
961.41
(1) (b) Except as provided in pars. (cm) and (e) to (h), any other
8controlled substance included in schedule I, II or III, or a controlled substance analog
9of any other controlled substance included in schedule I or II, may be fined not more
10than $15,000 or imprisoned for not more than 5 years or both.
SB137,99,1413
961.41
(1) (cm) 1. Five grams or less, the person shall be fined not more than
14$500,000 and may be imprisoned for not more than 10 years.
SB137,99,1917
961.41
(1) (cm) 2. More than 5 grams but not more than 15 grams, the person
18shall be fined not more than $500,000 and shall be imprisoned for not less than one
19year nor more than 15 years.
SB137,99,2422
961.41
(1) (cm) 3. More than 15 grams but not more than 40 grams, the person
23shall be fined not more than $500,000 and shall be imprisoned for not less than 3
24years nor more than 20 years.
SB137,100,53
961.41
(1) (cm) 4. More than 40 grams but not more than 100 grams, the person
4shall be fined not more than $500,000 and shall be imprisoned for not less than 5
5years nor more than 30 years.
SB137,100,98
961.41
(1) (cm) 5. More than 100 grams, the person shall be fined not more than
9$500,000 and shall be imprisoned for not less than 10 years nor more than 30 years.
SB137,100,1312
961.41
(1) (d) 1. Three grams or less, the person shall be fined not less than
13$1,000 nor more than $200,000 and may be imprisoned for not more than 15 years.