LRB-2909/1
RPN:jld:pg
2001 - 2002 LEGISLATURE
May 24, 2001 - Introduced by Representatives Walker, Ainsworth, Albers, Balow,
Coggs, Krawczyk, J. Lehman, Miller, Musser, Nass, Owens, Plouff,
Staskunas, Sykora, Turner, Vrakas
and Wade, cosponsored by Senators
Jauch, Darling, Grobschmidt, Huelsman, Lazich, Roessler, Rosenzweig,
Schultz
and Wirch. Referred to Committee on Corrections and the Courts.
AB418,1,2 1An Act to amend 973.09 (4); and to create 973.09 (4) (b) of the statutes;
2relating to: the place of confinement of a person on probation.
Analysis by the Legislative Reference Bureau
Under current law, a court, as part of the sentence of a felon, may withhold a
sentence, or impose a sentence and stay execution of that sentence, and place the
offender on probation. As a condition of probation, the court may order that the
offender be confined in a county or tribal facility. Current law allows the court to
grant the offender the privilege of leaving the facility during the hours of
employment or to delegate that decision to the sheriff.
This bill also allows the court, when recommended in the presentence
investigation and with the consent of the department of corrections DOC, to order
the offender confined to a facility located in the city of Milwaukee for the purpose
of allowing the offender to complete an alcohol and other drug abuse treatment
program. The bill requires the court to place the offender in a probation and parole
holding facility for alcohol and other drug abuse treatment established by DOC or
in a DOC minimum security correctional institution in the city of Milwaukee.
For further information see the state 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:
AB418, s. 1
1Section 1. 973.09 (4) of the statutes is amended to read:
AB418,2,212 973.09 (4) (a) The court may also require as a condition of probation that the
3probationer be confined during such period of the term of probation as the court
4prescribes, but not to exceed one year. The court may grant the privilege of leaving
5the county jail, Huber facility, work camp or tribal jail during the hours or periods
6of employment or other activity under s. 303.08 (1) (a) to (e) while confined under this
7subsection. The court may specify the necessary and reasonable hours or periods
8during which the probationer may leave the jail, Huber facility, work camp or tribal
9jail or the court may delegate that authority to the sheriff. In those counties without
10a Huber facility under s. 303.09, a work camp under s. 303.10 or an agreement under
11s. 302.445, the probationer shall be confined in the county jail. In those counties with
12a Huber facility under s. 303.09, the sheriff shall determine whether confinement
13under this subsection is to be in that facility or in the county jail. In those counties
14with a work camp under s. 303.10, the sheriff shall determine whether confinement
15is to be in the work camp or the county jail. The sheriff may transfer persons confined
16under this subsection between a Huber facility or a work camp and the county jail.
17In those counties with an agreement under s. 302.445, the sheriff shall determine
18whether confinement under this subsection is to be in the tribal jail or the county jail,
19unless otherwise provided under the agreement. In those counties, the sheriff may
20transfer persons confined under this subsection between a tribal jail and a county
21jail, unless otherwise provided under the agreement.
AB418,3,2 22(c) While subject to this subsection, the probationer is subject to s. 303.08 (1),
23(3) to (6), (8) to (12) and (14) or to s. 303.10, whichever is applicable, and to all the
24rules of the county jail, Huber facility, work camp or tribal jail facility to which the

1probationer is confined
and to the discipline of the department, if confined to a
2facility under par. (b),
or to the sheriff.
AB418, s. 2 3Section 2. 973.09 (4) (b) of the statutes is created to read:
AB418,3,84 973.09 (4) (b) The court, with the consent of the department and when
5recommended in the presentence investigation of a felony offender, may designate
6that the place of confinement under this subsection be a facility located in the city
7of Milwaukee under s. 301.13 or 301.16 (1q), for the purpose of allowing the offender
8to complete an alcohol and other drug abuse treatment program.
AB418, s. 3 9Section 3. Initial applicability.
AB418,3,1110 (1) This act first applies to sentences imposed on the effective date of this
11subsection.
AB418,3,1212 (End)
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