LRB-1719/3
BF:kmg:ks
1995 - 1996 LEGISLATURE
March 15, 1995 - Introduced by Senators Petak, Buettner, Schultz, Darling,
Huelsman, Cowles and
Drzewiecki, cosponsored by Representatives Seratti,
Baumgart, Wood, Wirch, Plache, Ladwig, Porter, Klusman, Green,
Schneiders, Musser, Ott, Lorge, Underheim, Brandemuehl, Goetsch, Duff,
Lehman, Freese, Gard, Dobyns, Hahn, Silbaugh, Ainsworth, Walker, Lazich,
Ziegelbauer, Otte, Grothman, Gunderson, Huebsch and Hoven. Referred to
Committee on Judiciary.
SB112,1,2
1An Act to amend 950.045; and
to create 301.38 of the statutes;
relating to:
2notifying victims and witnesses about prisoner escapes.
Analysis by the Legislative Reference Bureau
Under current law, the department of corrections (DOC) must make a
reasonable effort to notify the applicable victims and witnesses whenever a prisoner
is about to be released on parole or placed in community residential confinement or
the intensive sanctions program. This bill similarly requires DOC to make a
reasonable effort to notify the applicable victims and witnesses whenever a prisoner
escapes from prison. Under the bill, DOC designs and prepares notification cards
and distributes them to district attorneys throughout the state. District attorneys
make the cards available to victims and witnesses. If a victim or witness wants to
be notified if an escape occurs, he or she fills out a notification card and sends it to
DOC.
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:
SB112, s. 1
3Section
1. 301.38 of the statutes is created to read:
SB112,1,5
4301.38 Notification of victims and witnesses when prisoner escapes.
5(1) In this section:
SB112,1,76
(a) "Member of the family" means spouse, child, sibling, parent or legal
7guardian.
SB112,2,1
1(b) "Victim" means a person against whom a crime has been committed.
SB112,2,4
2(2) If a prisoner escapes from a Type 1 prison, the department shall make a
3reasonable effort to notify all of the following persons, if they can be found, in
4accordance with sub. (3) and after receiving a completed card under sub. (4):
SB112,2,75
(a) The victim of the crime committed by the prisoner or, if the victim died as
6a result of the crime, an adult member of the victim's family or, if the victim is younger
7than 18 years old, the victim's parent or legal guardian.
SB112,2,98
(b) Any witness who testified against the prisoner in any court proceeding
9involving the offense.
SB112,2,11
10(3) The department shall make a reasonable effort to notify the person by
11telephone as soon as possible after the escape.
SB112,2,21
12(4) The department shall design and prepare cards for any person specified in
13sub. (2) to send to the department. The cards shall have space for any such person
14to provide his or her name, telephone number and mailing address, the name of the
15applicable prisoner and any other information that the department determines is
16necessary. The department shall provide the cards, without charge, to district
17attorneys. District attorneys shall provide the cards, without charge, to persons
18specified in sub. (2). These persons may send completed cards to the department.
19All department records or portions of records that relate to telephone numbers and
20mailing addresses of these persons are not subject to inspection or copying under s.
2119.35 (1).
SB112, s. 2
22Section
2. 950.045 of the statutes is amended to read:
SB112,3,8
23950.045 (title)
Victims; application for parole or pardon; releases;
24escapes; corrections programs. Victims of crimes have the right to provide
25written statements concerning parole applications under s. 304.06 (1) (e), to have
1direct input in the parole decision-making process under s. 304.06 (1) (em) and to
2provide written statements concerning pardon applications under s. 304.10 (2).
3Victims of crimes have the right to be notified by district attorneys under s. 971.17
4(4m) regarding conditional releases under s. 971.17. Victims of crimes have the right
5to be notified by the department of corrections under s. 301.046 (4) regarding
6community residential confinements, under s. 301.048 (4m) regarding participation
7in the intensive sanctions program
, under s. 301.38 regarding escapes from a Type
81 prison and under s. 304.063 regarding parole releases.
SB112,3,11
10(1) This act first applies to notification provided on the effective date of this
11subsection, regardless of the date on which the prisoner was convicted.
