Temporary jail officers
Section 165.85(4)(b)2, Stats., does not preclude the temporary assignment of uncertified persons to fill in as jail officers when necessary as a result of sickness, vacations or scheduling conflicts. 78-146
Transfers of prisoners
Pursuant to section 51.20(14), Stats., the director of the county department under section 51.42 or 51.437 may request the sheriff of the county in which an individual was placed under emergency detention to transport that individual to another designated inpatient facility prior to the initial court hearing under chapter 51, and the sheriff must do so within a reasonable time. 80-299
Rights and responsibilities of counties in prisoner transfers to the Wisconsin Resource Center discussed. 71-170
Transporting criminal across state lines
A Wisconsin law enforcement officer may transport a prisoner out of state for emergency medical treatment. Upon leaving Wisconsin, a law enforcement officer from the receiving state must take custody of the prisoner. The prisoner may be brought back to Wisconsin using the Uniform Criminal Extradition Act, section 976.03, Stats. 80-41
PRIVATE CLINICS
Bonds
Discussion of what constitutes a "clinic" under sec. 66.521(2)(b)7., Stats. 64-133
PRIVATE DETECTIVES
Badge
Section RL 3.24 Wis. Adm. Code prohibits use of any badge by those engaged in private detective activity. Non-misleading private use by those not engaged in private detective activity not prohibited by statute. 68-169
Expert witnesses in arson cases
Section 440.26, Stats., requiring the licensing of private detectives, does not apply to qualified arson experts or other expert witnesses merely because they may investigate matters relating to their field of expertise. 76-35
PRIVATE INDUSTRY COUNCIL
Job Training Partnership Act
Section 946.13(1)(a), Stats., may be violated by members of Private Industry Councils when private or public entities of which they are executives, directors or board members receive benefits under the Job Training Partnership Act. 77-306
PRIVATE INVESTIGATORS
See PRIVATE DETECTIVES
PRIVATE SCHOOLS
See SCHOOLS AND SCHOOL DISTRICTS
PROBATE
See REGISTER IN PROBATE
PROBATION AND PAROLE
See also PRISONS AND PRISONERS
Consecutive terms
Under sec. 973.09(1), Stats., a court may not impose consecutive probation terms. 69-173
Costs of prosecution"
Courts lack authority to impose and enforce payment of "costs of prosecution" as a condition of probation in absence of statutory authority; courts may dismiss a criminal charge upon payment of agreed "costs of prosecution" as part of plea bargain which court accepts. (Unpub.). 42-1982
Courts
Neither sec. 973.09(3)(a), Stats., nor any of the other probation statutes authorizes the trial court to shorten the period of probation once probation has been imposed. (Unpub.). 39-1982
Indigent
When required by the right effectively to present a defense, the Department of Health and Social Services, having authority to do so, in the exercise of sound discretion must issue, and for an indigent pay the costs of, compulsory process to obtain the attendance of witnesses on behalf of probationers and parolees at revocation proceedings. 63-176
Jail credit
The Department of Health and Social Services may not grant jail credit where it is not provided for by statute; credit is not to be granted to parolee for period of time spent in custody on new charge and conviction in foreign jurisdiction; credit is not to be granted for period of time revoked parolee spends in detention facility other than correctional facility nor for period of time revoked probationer spent in county jail on work-release as condition of probation. 71-102
Juvenile
The Department of Health and Social Services has exclusive authority to detain and release a child who has violated the conditions of probation imposed by a court of criminal jurisdiction. The child need not be brought before a juvenile court intake worker if he or she is not also detained as a delinquent. The child can be held in the adult section of the county jail. 72-104
New crime
When a probationer or parolee has been arrested for and charged with a new crime and also appears to have violated other conditions of probation or parole, which violations themselves appear to justify revocation, the Department of Health and Social Services has no obligation to delay revocation hearings until court proceedings on the new crime are completed. It may and should proceed with such hearings and, when appropriate, revoke probation or parole on the basis of the other proven violations of the conditions thereof. Under the described circumstances, the Department and the probationer or parolee may, but probably should not, agree to delay revocation hearings until the completion of court proceedings on the new crime. The use of Department-employed hearing examiners to conduct final probation and parole revocation hearings, at which they make rulings on motions and ask supplemental questions of witnesses, and to ma
Revocation hearings
When a probationer or parolee has been arrested for and charged with a new crime and also appears to have violated other conditions of probation or parole, which violations themselves appear to justify revocation, the Department of Health and Social Services has no obligation to delay revocation hearings until court proceedings on the new crime are completed. It may and should proceed with such hearings and, when appropriate, revoke probation or parole on the basis of the other proven violations of the conditions thereof. Under the described circumstances, the Department and the probationer or parolee may, but probably should not, agree to delay revocation hearings until the completion of court proceedings on the new crime. The use of Department-employed hearing examiners to conduct final probation and parole revocation hearings, at which they make rulings on motions and ask supplemental questions of witnesses, and to ma
Welfare fraud clients as county employes
Probationers who provide child-care services under a state-run program as a condition of their probation are not agents of the State for purposes of indemnity, but they are county employes for purposes of worker's compensation. 75-43
PROPERTY
Easement and owners' rights
The rights of property owners abutting a highway are subject to reasonable regulations imposed by highway maintenance authorities and are subordinate to the public's interest over the use of the land within the boundaries of a highway right-of-way. 75-10
Exploration and mining rights
Exploration and mining rights constitute interests in land, and ownership of such interests are subject to the provisions of sec. 710.02, Stats., limiting nonresident ownership of land in Wisconsin. 69-126
Federal land patent
Original conveyance of land by federal land patent does not consequentially affect the state's jurisdiction over the land. 81-104
Inland lake protection and rehabilitation districts
Voting rights at the annual meeting of inland lake protection and rehabilitation districts may be extended by the Legislature to nonresident property owners, but only pursuant to a statewide referendum under Wis. Const. art. III, sec. 1(3). 69-32
Joint tenants
The register of deeds and county or municipal tax listing officials may accept for filing, as an alternative to other statutory proceedings, for the eventual purpose of changing tax bill listings an affidavit of identity containing a legal description of the premises, the date and place of death of the decedent and full identification of both the decedent and the surviving joint tenant. County and municipal tax listing officials and the register of deeds have no authority to record or file any vital record including a death certificate except where the register of deeds acts as the local registrar under section 69.07, Stats. 80-73
Jurisdiction over
Original conveyance of land by federal land patent does not consequentially affect the state's jurisdiction over the land. 81-104
Municipal service fees on tax exempt property
