LRB-1947/2
RPN:jld:pg
2003 - 2004 LEGISLATURE
April 8, 2003 - Introduced by Representatives Gard, Seratti, M. Williams, Van Roy,
Bies, D. Meyer, Friske, Ainsworth, Krawczyk, F. Lasee, Ott, M. Lehman, J.
Lehman, Hines, Loeffelholz, Hahn, Nass, Stone, Vrakas, LeMahieu, Ladwig,
Jensen, J. Fitzgerald, Grothman
and Petrowski, cosponsored by Senators S.
Fitzgerald, Welch, Schultz, Stepp, Roessler, A. Lasee, Jauch, Cowles
and
Hansen. Referred to Committee on Corrections and the Courts.
AB252,1,3 1An Act to renumber and amend 302.31; and to create 302.31 (8) and 302.31
2(9) of the statutes; relating to: housing of county prisoners from Michigan in
3Wisconsin county jails.
Analysis by the Legislative Reference Bureau
Under current law, county jails have the authority to use the county jail to
detain certain persons, including those charged with a crime, committed pursuant
to a sentence to the county jail or a state penal institution; persons participating in
the intensive sanctions program; and persons who are in the custody of the
Department of Corrections. This bill allows county jails to detain persons who are
detained by a county that borders this state and is located in the state of Michigan
if the counties involved enter into an interstate cooperation agreement that takes
into account all the requirements of Wisconsin law regarding the detention of
persons in county jails.
For further information see the 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:
AB252, s. 1 4Section 1. 302.31 of the statutes is renumbered 302.31 (intro.) and amended
5to read:
AB252,2,2
1302.31 Use of jails. (intro.) The county jail may be used for the any of the
2following purposes:
AB252,2,4 3(1) The detention of persons charged with crime and committed for trial; for
4the
.
AB252,2,6 5(2) The detention of persons committed to secure their attendance as
6witnesses; to.
AB252,2,8 7(3) To imprison persons committed pursuant to a sentence or held in custody
8by the sheriff for any cause authorized by law; for the .
AB252,2,11 9(4) The detention of persons sentenced to imprisonment in state penal
10institutions or a county house of correction, until they are removed to those
11institutions; for the.
AB252,2,13 12(5) The detention of persons participating in the intensive sanctions program;
13for the
.
AB252,2,15 14(6) The temporary detention of persons in the custody of the department; and
15for other detentions authorized by law. The county jail may be used for the
.
AB252,2,20 16(7) The temporary placement of persons in the custody of the department, other
17than persons under 17 years of age, and persons who have attained the age of 17
18years but have not attained the age of 25 years who are under the supervision of the
19department under s. 48.366 or 938.355 (4) and who have been taken into custody
20pending revocation of aftercare supervision under s. 48.366 (5) or 938.357 (5) (e).
AB252, s. 2 21Section 2. 302.31 (8) of the statutes is created to read:
AB252,3,222 302.31 (8) Under an agreement under s. 66.0303, the detention of persons
23detained or imprisoned before, during, or after trial by a county that borders on this
24state and is located in the state of Michigan. The agreement under s. 66.0303 for the

1detention of persons from another state shall take into account the provisions of this
2chapter regarding the detention of persons in county jails.
AB252, s. 3 3Section 3. 302.31 (9) of the statutes is created to read:
AB252,3,44 302.31 (9) Other detentions authorized by law.
AB252,3,55 (End)
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