LRB-1600/1
JEO:pgt&jlg:lp
1999 - 2000 LEGISLATURE
March 16, 1999 - Introduced by Senator Burke, cosponsored by Representative
Carpenter, by request of Milwaukee County District Attorney. Referred to
Committee on Judiciary and Consumer Affairs.
SB84,1,5
1An Act to repeal 302.425 (6);
to renumber and amend 946.425 (1);
to amend
2938.51 (4) (intro.), 946.42 (3) (intro.), 946.425 (1m) (a) and 946.425 (1m) (b); and
3to create 946.42 (3m) and 946.425 (1) (a) of the statutes;
relating to: penalties
4for failure to report to jail in certain circumstances and for escapes from home
5detention programs.
Analysis by the Legislative Reference Bureau
This bill changes current penalties for failure to report to jail in certain
circumstances and for escapes from home detention programs.
Failure to report to jail
Current law provides penalties for failing to report to jail to begin serving a
sentence. The penalties vary depending on the circumstances of the case. The
penalties affected by this bill are as follows:
1. Currently, a court may sentence a person to serve a series of periods in jail
instead of a continuous sentence. These periods may not be less than 48 hours nor
more than three days for each period. If a person who has been sentenced to a series
of periods in jail fails to report to jail as required by the sentence, the person may be
fined not more than $10,000 or imprisoned for not more than five years or both, if the
offense occurs before December 31, 1999, or may be fined not more than $10,000 or
imprisoned for not more than ten years or both, if the offense occurs on or after
December 31, 1999. This bill changes this penalty if the series of periods in jail were
imposed for a misdemeanor conviction. Under the bill, a person who fails to report
to jail to serve a series of periods in jail for a misdemeanor conviction may be fined
not more than $10,000 or imprisoned for not more than nine months or both. If a
person fails to report to jail to serve a series of periods of jail imposed for a felony
conviction, the penalty provided under current law applies.
2. Currently, a court may under some circumstances delay the date on which
a person must begin serving a jail sentence. If a person fails to report to jail as
required after a court delays the starting date of a sentence, the penalty the person
faces will depend on the length of the sentence. If the sentence is less than ten days
in jail, the person may be fined not more than $10,000 or imprisoned for not more
than nine months or both. If the sentence is ten or more days in jail, the person may
be fined not more than $10,000 or imprisoned for not more than five years or both,
if the offense occurs before December 31, 1999, or may be fined not more than $10,000
or imprisoned for not more than ten years or both, if the offense occurs on or after
December 31, 1999. This bill provides that the penalty depends not on the length of
the sentence but on whether the sentence was imposed for a misdemeanor or for a
felony. Thus, under the bill, if the sentence was imposed for a misdemeanor, the
person may be fined not more $10,000 or imprisoned for not more than nine months
or both. If the sentence was imposed for a felony, the person may be fined not more
than $10,000 or imprisoned for not more than five years or both, if the offense occurs
before December 31, 1999, or may be fined not more than $10,000 or imprisoned for
not more than ten years or both, if the offense occurs on or after December 31, 1999.
Escape from a home detention program
Under current law, a county sheriff or a superintendent of a house of correction
may place a jail prisoner who has been arrested for, charged with, convicted of or
sentenced for a crime into a home detention program. In addition, the department
of corrections (DOC) or a county department of human or social services (county
department) may place a child who is in its custody or under its supervision into a
home detention program. Under a home detention program, the prisoner or child is
detained at his or her residence or other designated place and is monitored by an
electronic monitoring system. The sheriff or superintendent or, in the case of a child,
DOC or the county department must establish reasonable terms of detention. If a
person placed in a home detention program intentionally fails to remain within the
limits of his or her detention or to return to his or her place of detention, the person
may be fined not more than $10,000 or imprisoned for not more than five years or
both, if the offense occurs before December 31, 1999, or may be fined not more than
$10,000 or imprisoned for not more than ten years or both, if the offense occurs on
or after December 31, 1999. If the person is a child who is not waived into adult court,
he or she would instead be subject to proceedings in a court authorized to exercise
jurisdiction under the juvenile justice code.
This bill changes the penalty for escaping from a home detention program if the
person is in the home detention program after being arrested for, charged with,
convicted of or sentenced for a misdemeanor. Under the bill, a person who escapes
from a home detention program after being arrested for, charged with, convicted of
or sentenced for a misdemeanor may be fined not more than $10,000 or imprisoned
for not more than nine months or both. If a person escapes from a home detention
program after being arrested for, charged with, convicted of or sentenced for a felony,
the penalty provided under current law applies. As under current law, if the person
who escapes from home detention is a child who is not waived into adult court, he or
she would be subject to proceedings in a court authorized to exercise jurisdiction
under the juvenile justice code.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB84, s. 1
1Section
1. 302.425 (6) of the statutes is repealed.
SB84, s. 2
2Section
2. 938.51 (4) (intro.) of the statutes is amended to read:
SB84,3,153
938.51
(4) (intro.) If a juvenile described in sub. (1), (1d) or (1g) escapes from
4a secured correctional facility, child caring institution, inpatient facility, secure
5detention facility or juvenile portion of a county jail, or from the custody of a peace
6officer or a guard of such a facility, institution or jail,
or is in a home detention
7program under s. 302.425 and intentionally fails to remain within the limits of his
8or her detention or to return to his or her place of detention, or has been allowed to
9leave a secured correctional facility, child caring institution, inpatient facility, secure
10detention facility or juvenile portion of a county jail for a specified period of time and
11is absent from the facility, institution or jail for more than 12 hours after the
12expiration of the specified period, as soon as possible after the department or county
13department having supervision over the juvenile discovers that escape
, failure or
14absence, that department or county department shall make a reasonable attempt to
15notify by telephone all of the following persons:
SB84, s. 3
16Section
3. 946.42 (3) (intro.) of the statutes is amended to read:
SB84,3,1917
946.42
(3) (intro.)
A Except as provided in sub. (3m), a person in custody who
18intentionally escapes from custody under any of the following circumstances is guilty
19of a Class D felony:
SB84, s. 4
1Section
4. 946.42 (3m) of the statutes is created to read:
SB84,4,52
946.42
(3m) A prisoner in a home detention program under s. 302.425 who
3intentionally fails to remain within the limits of his or her detention or to return to
4his or her place of detention, as specified in the terms of detention under s. 302.425
5(3), is guilty of:
SB84,4,76
(a) A Class A misdemeanor, if the person has been arrested for, charged with,
7convicted of or sentenced for a misdemeanor.
SB84,4,98
(b) A Class D felony, if the person has been arrested for, charged with, convicted
9of or sentenced for a felony.
SB84, s. 5
10Section
5. 946.425 (1) of the statutes is renumbered 946.425 (1) (intro.) and
11amended to read:
SB84,4,1412
946.425
(1) (intro.) Any person who is
subject sentenced to a series of periods
13of imprisonment under s. 973.03 (5) (b) and who intentionally fails to report to the
14county jail as required under the sentence is guilty of
a
:
SB84,4,15
15(b) A Class D felony
, if the sentence was imposed for a felony.
SB84, s. 6
16Section
6. 946.425 (1) (a) of the statutes is created to read:
SB84,4,1817
946.425
(1) (a) A Class A misdemeanor, if the sentence was imposed for a
18misdemeanor.
SB84, s. 7
19Section
7. 946.425 (1m) (a) of the statutes is amended to read:
SB84,4,2420
946.425
(1m) (a) Any person who receives a stay of execution
under s. 973.15
21(8) (a) of a sentence of imprisonment
of less than 10 days to a county jail
under s.
22973.15 (8) (a) that was imposed for a misdemeanor and who intentionally fails to
23report to the county jail as required under the sentence is guilty of a Class A
24misdemeanor.
SB84, s. 8
25Section
8. 946.425 (1m) (b) of the statutes is amended to read:
SB84,5,4
1946.425
(1m) (b) Any person who receives a stay of execution
under s. 973.15
2(8) (a) of a sentence of imprisonment
of 10 or more days to a county jail
under s. 973.15
3(8) (a) that was imposed for a felony and who intentionally fails to report to the county
4jail as required under the sentence is guilty of a Class D felony.
SB84,5,76
(1) This act first applies to offenses committed on the effective date of this
7subsection.
