813.31
813.31
Absentee insurance fund. 813.31(1)(1)
In each case of termination of receivership as provided in s.
813.28, the court, except in cases where the proceedings have been certified to the proper court under s.
813.26 (1), shall set aside the sum there named and direct its payment by the receiver, to the secretary of administration.
813.31(2)
(2) The secretary of administration shall retain or invest the funds thus paid in.
813.31(3)
(3) If at any time thereafter an absentee whose estate has been distributed under a final finding and judgment made as herein provided shall appear and make claim for reimbursement, the court may in a proceeding by the claimant against the secretary of administration order payment to the claimant as in its opinion may be fair and adequate under the circumstances.
813.31 History
History: Sup. Ct. Order, 67 Wis. 2d 585, 760, 780 (1975); Stats. 1975 s. 813.31;
2003 a. 33.
813.32
813.32
Uniformity of interpretation. Sections
813.22 to
813.34 shall be so construed as to make uniform the law of those states which enact it.
813.32 History
History: Sup. Ct. Order, 67 Wis. 2d 585, 760, 780 (1975); Stats. 1975 s. 813.32.
813.33
813.33
Name of act. Sections
813.22 to
813.34 may be cited as the “Uniform Absence as Evidence of Death and Absentee's Property Act."
813.33 History
History: Sup. Ct. Order, 67 Wis. 2d 585, 760, 780 (1975); Stats. 1975 s. 813.33.
813.34
813.34
Time of taking effect and not retroactive. The provisions of ss.
813.22 to
813.34 shall not be retroactive and they shall take effect on July 1, 1942.
813.34 History
History: Sup. Ct. Order, 67 Wis. 2d 585, 760, 780 (1975); Stats. 1975 s. 813.34.
813.40
813.40
Injunctive relief in prison condition cases. 813.40(1)(b)
(b) If a court determines that an injunction may be granted to a prisoner in any action or special proceeding with respect to prison or jail conditions, any injunction issued shall meet all of the following criteria:
813.40(1)(b)2.
2. Is the least intrusive means necessary to correct that harm.
813.40(1)(b)3.
3. Does not require or permit a government official, employee or agent to exceed his or her authority or to violate a state law or local ordinance unless all of the following apply:
813.40(1)(b)3.b.
b. The relief is necessary to correct the violation of a federal right.
813.40(1)(b)3.c.
c. No other relief will correct the violation of a federal right.
813.40(1)(c)
(c) If an injunction is issued that does not meet the requirements in par.
(b), a defendant or intervenor is entitled to immediate termination of any prospective relief or to a revision of the injunction to meet those requirements. Prospective relief need not be terminated if the court makes written findings based on the record that the requirements under par.
(b) are met.
813.40(1)(d)
(d) A court may not enter into or approve a consent decree in an action for injunctive relief under this section if that consent decree does not meet the requirements in par.
(b). This paragraph does not prevent the parties from entering into a private settlement agreement that does not comply with the requirements in par.
(b) if the terms of that settlement agreement are not subject to court enforcement other than the dismissal of the action or special proceeding based on the settlement agreement.
813.40(2)
(2) When determining the extent of any injunction issued under this section, the court shall give substantial weight to any adverse impact on public safety or on the operation of the criminal justice system caused by the injunction.
813.40(3)
(3) Any interested party may, 2 years after the date the court issued an injunction under this section, or one year after the court has denied a request under this subsection for modification or termination of the injunction, request that the court modify or terminate an injunction issued under this section. Any interested party may, 2 years after September 1, 1998, request that the court modify or terminate an injunction related to prison or jail conditions that was issued before September 1, 1998. Any prospective relief issued under this section shall be stayed by the filing of a motion for modification or termination of the injunction for the period beginning on the 90th day after the motion is filed with the court and ending on the day the court enters a final order on the motion.
813.40(4)
(4) This section does not prevent the parties from agreeing to terminate or modify an injunction issued under this section.
813.40(5)
(5) This section does not authorize a court to order the construction of prisons, jails or other places of incarceration or to order the raising of taxes and does not expand the powers of a court under this chapter.
813.40(6)
(6) Except for writs of habeas corpus or as otherwise required by the state or federal constitution, this section does not authorize the court to issue a prisoner release order. In this subsection, “prisoner release order" means any order that has the purpose or effect of reducing or limiting the prison or jail population, or that directs the release or nonadmission of prisoners to a prison or jail.
813.40 History
History: 1997 a. 133.
