By Alexandria Staubach
Medical marijuana Assembly Republicans have announced long-awaited medical marijuana legislation. The plan calls for the state to run five dispensaries supplied by private growers and processors. According to Rep. Jon Plumer, (R–Lodi), the plan is for a “break even program,” meaning the state will see no tax revenue. Wisconsin would become the only state with legalized marijuana program to run its own dispensaries. Only smokeless products would be available. Doctors would not prescribe medical marijuana. Instead, they would sign off that a patient has one or more qualifying conditions, which include HIV/AIDS, severe chronic pain, severe chronic nausea, cancer, and terminal illness with life expectancy of less than one year. The state would then provide medical marijuana products to patients with qualifying conditions. An infirm patient could identify up to three caregivers eligible to pick up the marijuana products. At a press conference to introduce the legislation, Plumer said Republicans want to “make this available to people but we want to have tight controls as well.” He said he anticipates support in the Assembly and Senate and that lawmakers will be able to pass the plan this spring. Wisconsin is one of only 12 states maintaining a total ban on marijuana products. Wisconsin is bordered by three states with legalized recreational marijuana: Minnesota, Michigan, and Illinois. Meanwhile, the federal 2018 Farm Bill legalized hemp and made some intoxicating forms of THC derived from legal hemp widely available in Wisconsin. Marijuana decriminalization A bipartisan group of Assembly lawmakers in December 2023 introduced AB 861 to decriminalize small amounts of marijuana. The bill would reduce possession of less than 14 grams, or up to a half-ounce, to a civil forfeiture offense. Such possession currently is a misdemeanor punishable with a $1,000 fine and up to six months in jail for a first offense. A second offense is a felony. Reps. Shae Sortwell (R–Two Rivers), Sylvia Ortiz-Velez (D–Milwaukee), and Dave Considine (D–Baraboo), and Sen. Lena Taylor (D–Milwaukee) sponsor the bill. While municipalities would have some flexibility, the bill ensures forfeitures amounts from $100 to $250. A court could alternatively impose from 16 to 40 hours of community service. Under current law Milwaukee imposes a $1 fine for small amounts of marijuana and Madison imposes no fine. The bill would reduce the penalty of possession or use of marijuana drug paraphernalia to a $10 civil forfeiture. Under AB 861, previous marijuana possession convictions involving less than 28 grams would not be counted for purposes of repeat-offender laws. The bill also would eliminate employer liability for electing not to drug test employees and prospective employees, unless otherwise required by statute. Because current law does not use 14 or 28 grams as metrics for possession, it is unknown how many individuals would be spared incarceration or community supervision under the new law. However, in 2022, 2,289 individuals were charged with a cannabis offense in the absence of some additional, greater offense, per a Badger Institute report.
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By Alexandria Staubach
Last week a bipartisan group of more than 30 lawmakers introduced a bill to end sentences of life without the possibility of parole for juveniles. The bill, Senate Bill 801, also creates new mitigating factors for a sentencing court to consider, recognizing that juveniles change and mature mentally and emotionally over time. The bill would apply retroactively to anyone currently serving a juvenile life-without-parole (JLWOP) sentence. If enacted, SB 801 would bring Wisconsin in line with 28 states already banning JLWOP sentences, including three of Wisconsin’s closest neighbors: Minnesota, Iowa, and Illinois. The bill has been referred to the Senate Committee on Judiciary and Public Safety. Ruling in Graham v. Florida, the U.S. Supreme Court held it unconstitutional for a court to impose JLWOP on non-homicide juvenile offenders; the court found that such a sentence violates the Eighth Amendment’s prohibition on cruel and unusual punishment. In Miller v. Alabama, the U.S. Supreme Court banned mandatory life sentences for juveniles no matter the severity of the crime. SB 801 states that its purpose is to clarify that “the statutory mandatory sentence of life imprisonment without the possibility of parole or extended supervision for repeat offenders does not apply to youthful offenders,” consistent with Miller. JLWOP sentences are unique to the United States; we are the only country in the world with such a practice. According to the Campaign for the Fair Sentencing of Youth, the practice is permitted in 22 states, including Wisconsin and Michigan. In five states the practice remains on the books without active sentences. Michigan has the highest JLWOP population in the nation and recently made national headlines for sentencing 17-year-old Ethan Crumbly, who committed Michigan’s deadliest school shooting at age 15, to life without the possibility of parole. However, Wisconsin outpaces Michigan regarding overall number of youth incarcerated on life sentences with or without parole (141 compared to 65) and sentences over 40 years (73 compared to 15) as well as the total number of children in adult prisons (1,709 compared to 554), according to a 2021 report produced by the nonprofit Human Rights for Kids. The following table shows the bill's sponsors. By Alexandria Staubach
Gov. Tony Evers has been busy considering bills from the Legislature, tackling 51 bills on Dec. 6 alone. In what WJI sees as a win for the criminal justice system, Evers vetoed Senate Bill 86/Assembly Bill 57, which would have erased prosecutorial discretion to dismiss or amend certain charges without prior authorization from the court and prohibited deferred-prosecution sentences for crimes. WJI opposed the bill’s lack of clear procedure for dismissal authorization and its prohibition of deferred prosecutions in appropriate cases. Those outcomes would have increased burdens on the criminal justice system without providing appropriate resources to deal with the fallout. Voting and criminal justice legislation signed into law by Evers included the following: Assembly Bill 335 (Wisconsin Act 52) Specifies that if a candidate is convicted of certain election crimes, a court must order dissolution of the candidate’s committee and return of unencumbered campaign funds; also requires the court to appoint a new treasurer for the committee to carry this out. Senate Bill 283 (Wisconsin Act 53) Provides that if a municipality, county, or commission chooses to broadcast canvassing proceedings live in any election, including live stream or on the internet, the same entity must record the broadcast; the recording must be retained for 22 months. Senate Bill 433 (Wisconsin Act 54) Modifies current law so the requirement that presidential primary absentee ballots be sent at least 47 days in advance of the election applies only to military and overseas voters; all other voters will be sent the presidential primary absentee ballot at least 21 days in advance. Assembly Bill 36 (Wisconsin Act 58) Creates a six-month time limit for the state crime laboratories to process sexual assault kits and an expedited 60-day timeline under certain circumstances. Assembly Bill 166 (Wisconsin Act 61) Expands the definition of “sexual contact” to include instruction by a victim to touch bodily fluids with the purpose to degrade or humiliate the victim sexually or arouse or gratify the perpetrator for purposes of crimes against children and sexual assault. By Alexandria Staubach
Despite strong public comment against the measure, the Wisconsin Senate on Tuesday approved a bill criminalizing the operation of a motor vehicle without a valid license. The bill passed 20-13 with solely Republican support. All Democrats voted against the bill, joined by two Republicans. The chart below shows the votes. As previously reported by WJI, under current law, most operating-while-suspended violations are forfeiture violations resolved in municipal court. SB 404 enhances the penalties for operating-while-suspended, turning even first offenses into misdemeanors. The cost of the legislation was highlighted by community members at a hearing in October before the Senate Committee on Judiciary and Public Safety. Legal Action of Wisconsin estimated that the bill could result in approximately 100,000 more criminal charges annually. The Wisconsin State Public Defender (SPD) estimated that under just two specific provisions of the bill 6,901 new cases would be generated from new charges in the first year, with 4,600 of those cases qualifying for SPD services. Those cases would equal the workload of nine additional attorneys. The bill as passed appropriates no funding for the added burdens on the SPD or circuit courts. WJI opposes the bill. In written testimony to the Senate committee, WJI stressed that in 2022 a failure to pay prior forfeitures caused 47% of license suspensions and that most of those with outstanding forfeiture debt lack the means to pay. At the committee hearing, James Gramling, a former Milwaukee Municipal Court judge and member of the 1995 Governor’s Task Force on Suspended and Revoked Drivers said, “In my view you would be creating debtors’ prisons.” Sen. Kelda Roys (D-Madison) said at the hearing, “The legislature is making it very difficult to be responsible so legislators can get good headlines about being in touch on crime when what we are criminalizing here is poverty and not dangerous conduct.” The bill does not just endanger those with suspended licenses. It will also further jeopardize undocumented workers who remain ineligible for licenses under Wisconsin law. For example, in farming communities like Abbotsford, Wisconsin, 134 of 157 tickets examined for driving without a valid license were issued to persons with common Hispanic surnames, a summer ProPublica investigation found. The bill proceeds to the Assembly for its consideration. A companion bill, AB 421, was introduced in the Assembly in September and referred to its Committee on Transportation. By Margo Kirchner Advocates converged on the Capitol in Madison on Thursday to lobby for an end to life-without-parole sentences for juveniles and a parole opportunity for all juvenile offenders currently sentenced to life or extreme terms of years. Organized by the Wisconsin Alliance for Youth Justice (WAYJ), the lobby day consisted of a panel discussion in the morning and meetings with legislators and legislative staff members during the afternoon. Contemplated legislation would allow someone sentenced to life or a life-equivalent term of years at age 17 or younger to petition for parole after 15 to 20 years, depending on the crime of conviction. The proposed legislation would not release anyone automatically. It would create an opportunity for parole consideration. The petition would go back to the sentencing court for consideration rather than to the parole commission. Supporters discussed the need to provide hope for incarcerated juvenile lifers and motivation for them to make necessary changes in their lives and behavior during custody. Preston Shipp, senior policy counsel at the Campaign for the Fair Sentencing of Youth (CFSY), moderated the panel addressing why Wisconsin should end life-without-parole sentences for juveniles. Shipp noted that 28 states plus the District of Columbia have abolished life-without-parole sentences for youth. Illinois, Minnesota, and New Mexico passed their bans just this year; Texas did so 10 years ago. Shipp noted that the recidivism rate for juvenile lifers released on parole is just 1%. Wisconsin Justice Initiative board member Roy Rogers was one of five panelists. Rogers was sentenced to life and entered adult prison at age 16. Based on eligibility set by his sentencing judge, Rogers became eligible for parole after 26 years. He was granted parole in 2021, after about 28 years in custody. Rogers discussed how his life turned around soon after he entered prison when he joined the “Reach Out” program at Columbia Correctional Institution. He says that the Reach Out redemption group and Jesus Christ saved him. Through the group he began advising other youth on how to avoid the mistakes he made and how to avoid prison. Today, Rogers is a data solutions processor for a marketing experience company as well as a pre-entry and re-entry liaison for The Community, a nonprofit helping to prepare and assist those released from prison in adjusting to life outside. He is also a church musician. He continues to counsel and mentor at-risk youth. Craig Sussek, another panelist, discussed his entry into the Wisconsin prison system as a teenager and his view of himself then as a worthless person with nothing to lose. That outlook led to prison behavior issues. Sussek’s turnaround began when the woman he shot visited the prison to meet him. She told him that he had been a kid who made a bad decision and that she forgave him. She said she believed his life had value that he was worthy. Sussek was released on parole a few years ago. He obtained a job quickly after his release and recently married. He noted how he is on his “third life”: life before prison, life in prison, and life now. Panelist Mary Rezin, whose mother and brother were murdered by two teens in 1999, discussed her advocacy on behalf of the younger teen, who was 16 at the time of the crime. Rezin initially viewed him as a “monster,” but after 16 years of mourning, anger, and depression she contacted a restorative justice program at the University of Wisconsin Law School to see if she could meet with him. The program prepared the two separately for about a year and then facilitated a meeting. Rezin found that he was a changed person, far from the person she remembered or imagined. He had been on drugs and alcohol at the time of the crime and was misled by an 18-year-old as to where they were going and what would happen there. Rezin now advocates for his release. She said she now views him as someone who made bad mistakes as a teenager, as many people do. She believes he has been rehabilitated and that 24 years is enough punishment. Ellie Reid, whose father was murdered by her then-16-year-old brother, discussed the complicated existence of being a victim of a heinous crime as well as a family member of the juvenile lifer who committed it. She discussed how the question needs to be “who has this person become?” Her brother, still in prison, became a welder and trains therapy dogs. Donnell Drinks, leadership development and engagement coordinator for CFSY, rounded out the panel. Drinks, from Pennsylvania, was sentenced to death, which was later reduced to life. He was 17 at the time and spent 27 years in prison before his release, following rehabilitation in prison. He discussed how juveniles in prison can mature into people who can help society, who come out with a purpose and who can help children today avoid bad decisions. Shipp opined that imposing life-without-parole sentences on children places all the blame on the children while taking blame off of society for failing those children. When Shipp asked Rogers and Sussek what they need from the community today, they noted the need for mental health understanding and emotional support. Rogers pointed to his desire for people to ask more than surface questions about his wellbeing. He is trying to do that for those who are getting out of prison. Sussek noted how he and others who have been released from prison “go through things we don’t tell you about.” Following the talk and a lunch break, organizers walked panelists and about 40 attendees through messaging, handouts, and tips for their lobbying efforts. Messaging and handouts included information regarding the end of life-without-parole sentences in other states and the nationwide movement toward treating convicted children differently than adults. Organizers also announced that over the lunch hour Sen. Jesse James (R-Altoona) and Rep. Todd Novak (R-Dodgeville) agreed to sponsor the proposed legislation. Panelists and attendees then spent two hours meeting with legislators and legislative staff in offices at the Capitol. Some system-impacted attendees, visiting the Capitol for the first time, marveled at the building and expressed how they never imagined they would be there. Executive director Margo Kirchner joined Rogers for the WAYJ lobby day on behalf of WJI. In a series of cases, the U.S. Supreme Court has accepted science regarding adolescent brain development and the differences between children and adults regarding impulse control and culpability. The court has pared down the use of life without parole for juveniles and discussed constitutional protections that limit sentencing a child a child to die in custody. For those under age 18, the supreme court has banned the death penalty, life-without-parole sentences for non-homicide crimes, and mandatory life-without-parole sentences. Photographs by Margo Kirchner and Roy Rogers
Lawmakers disagree on scope and effect of bill increasing revocations of supervision, parole10/3/2023 By Alexandria Staubach
During a meeting last week of the Senate Committee on Judiciary and Public Safety, some Republican members failed to grasp the scope and implications of a bill that would increase returns to prison. SB 309 would require the Department of Corrections to recommend revocation of extended supervision, parole, or probation if an individual is charged with a crime while in the community. Crimes as defined in the bill include rule infractions of supervision terms. The bill removes discretion from parole officers to evaluate the severity of a new offense and the circumstances surrounding it. Persons who otherwise may have appropriately continued supervision would automatically be referred to an administrative law judge for hearing. Some Republican committee members insisted the bill focused on violent re-offenders. The bill’s authors, Rep. Nik Rettinger (R-Mukwonago) and Sen. Julian Bradley (R-Franklin), presented the bill for hearing at the meeting. Bradley reiterated several times that the bill was aimed at detaining violent criminals. Democrats and community members contended that the bill, in its current form, contemplates much more and will further disenfranchise those on supervision in our communities. Sen. Lena Taylor (D-Milwaukee) questioned the bill’s authors by phone, often correcting misstatements about what the bill, as written, would in fact do. Sen. Kelda Roys (D-Madison) pointed out that SB 309 was not written to target violent criminals. “You say violent criminal but the bill itself, actually is, you could be charged with any crime and immediately” revoked, Roys said. She also highlighted the bill’s price tag and a failure by the authors to allocate funds for its implementation. The Department of Corrections fiscal estimate predicted that the bill would result in an increase of 1,599 persons in the daily population of the department’s Division of Adult Institutions during the first year. Once the population is annualized, the overall population could increase by 4,673 persons after 19 months. The department projects that handling the increase would require the building of two new facilities, with a permanent increase in operation costs of approximately $209 million if the bill is enacted. Jerome Dillard, executive director of EXPO (EX-incarcerated People Organizing) Wisconsin testified in person, highlighting the many stopgaps and penalties already in place to prevent re-offense. “Under current law, DOC uses department policies, evidence-based practices, and recommendations of violating someone for their extended supervision, parole or probation,” said Dillard. “If someone is charged with a crime, they’re not just walking the street…. That’s a narrative that’s being painted that is so untrue,” Dillard went on. In light of the testimony given, it was clear from committee chair Sen. Van Wanggaard (R-Racine) that the bill is not in final form. Its authors committed to revisions that considered the testimony given. The bill's sponsors are listed in the table below. By: Alexandria Staubach
Last week the Senate passed SB 86/AB 57 erasing prosecutorial discretion to dismiss or amend certain criminal charges without prior authorization from the court and prohibiting deferred prosecution sentences for certain crimes. The new law would bar a prosecutor from dismissing or amending any of the included offenses without approval of the court. The bill does not define the criteria for a request for court approval. A judge granting such an application would be required to submit an annual report to a standing committee of the legislature detailing each application approved, and how each application was consistent with the public’s interest and the legislature’s intent “to encourage the vigorous prosecution of persons who commit offenses that are covered crimes.” Covered crimes are
The Milwaukee Police Association, Wisconsin Chiefs of Police Association, Wisconsin State Lodge Fraternal Order of Police, and National Insurance Crime Bureau registered in support. Neither the Wisconsin District Attorneys Association nor the Wisconsin State Public Defender registered for or against either bill. Republicans call the legislation “commonsense,” but some disagree. At a hearing before the Senate Committee on Judiciary and Public Safety on August 22nd, Rep. Lena Taylor (D-Milwaukee) expressed concern over increased costs for the entire criminal justice system and a lack of funding in the legislation to address those costs, especially in the face of current court backlogs. The legislation was “piling on” without giving the courts and criminal-justice system the added resources necessary to implement the legislation, she said. The ACLU strongly urged committee members to reject the bill, citing several reasons why a charge may be dismissed or amended, including “the innocence of an individual charged with a crime, insufficient evidence for a charge to stand, or constitutional concerns with police action.” “(P)rocedural justice, fairness, and upholding the constitutional rights of the accused are foundational principals of the criminal legal system,” the ACLU said. The bill quietly passed in the Senate on Sept. 14, without comment from Republicans or Democrats. It heads to Gov. Tony Evers’ desk for signature. Sponsors of the bill are shown in the following chart. By Alexandria Staubach
Just two days after Assembly Speaker Robin Vos announced a new bill to move Wisconsin toward a nonpartisan redistricting process, the Assembly approved the bill. On Tuesday, Vos (R-Rochester) announced AB 415 to adopt what he termed a nonpartisan redistricting process styled after the process used in Iowa. In a move that Assembly Minority Leader Greta Neubauer (D-Racine) called “slapdash,” Vos placed AB 415 on the agenda for a vote during Thursday’s Assembly floor session, bypassing public hearing and comment. The bill was voted on late Thursday, just before midnight. It passed largely along party lines with one Democrat, Rep. LaKeshia Myers (D-Milwaukee), also voting in favor. AB 415 comes in the wake of a petition filed by Law Forward and co-counsel on August 2 asking the Supreme Court to take jurisdiction of an original action challenging Wisconsin’s “severally and politically gerrymandered maps.” Vos offered no salient reason why AB 415 could not proceed through the normal legislative process, nor did he explain the urgency with which his majority is now moving. He said Tuesday, “Hopefully it means that we will take all of the money that has been wasted by the liberal interests suing us over the maps and instead we get to say we don’t need to waste those taxpayer dollars because we can adapt the process that has been used flawlessly in Iowa.” Iowa State Auditor Rob Sand commented on AB 415 ahead of Thursday’s vote, saying, “This is not the Iowa model. It’s also just impossible to expect Iowa-style fair results when you still have the capacity to gerrymander at the end of the day, which is what this bill allows for. They can reject, and reject, and draw their own. You can’t do that in Iowa, that’s why the Iowa system works.” Moreover, the Iowa method is not without fault. In Iowa, Republicans hold a majority in both the House and Senate, empowering them to accept or reject maps drawn by their nonpartisan Legislative Services Agency. In October 2021, Iowa's Republican legislators did just that, rejecting the agency’s first map proposal because it all but doomed Republican U.S. Rep. Ashley Hinson’s seat. Iowa subsequently adopted maps that preserved Hinson’s seat. For years Democrats have asked that Republicans redraw maps in a nonpartisan way, yet Vos’ proposal was met with derision and skepticism. Gov. Tony Evers said Republicans are “making a last-ditch effort to retain legislative control by having someone Legislature-picked and Legislature-approved draw Wisconsin’s maps.” During the floor session Vos chided Democrats for failing to meaningfully critique the content of the bill (introduced just two days before). He accused them of relying on the Law Forward lawsuit and a favorable vote from Supreme Court Justice Janet Protasiewicz, whom he said Democrats “bought and paid for.” Republican lawmakers may be feeling the heat from a multimillion-dollar opposition campaign that targets their threats to impeach Protasiewicz if she fails to recuse herself from the Law Forward case after criticizing Wisconsin’s legislative maps on the campaign trail. Democrats largely focused their objections to the legislation on an insufficient opportunity to vet the bill, which could change the face of Wisconsin legislative map drawing into the foreseeable future. It is a “clear red flag that this bill skipped the entire legislative process,” said Rep. Alex Joers (D-Middleton). “If this is about anything more than diverting the public’s attention from your plan to impeach Judge Protasiewicz, put your money where your mouth is and vote to refer this to the committee on campaigns and elections where it can have fair hearing where we can do the work,” said Rep. Lisa Subeck (D-Madison). “This is about distracting the public from your folly of impeachment,” she added. Not all Democrats toed the party line at last night’s session. Myers criticized Republicans and Democrats alike for a failure to communicate about the legislation. She pointed out that across Wisconsin, more than politics is on the line for Black and Brown people. She told her caucus members, “Maybe you get the luxury of toeing the company line, but not everybody does.” The bill calls for maps to be drawn by the nonpartisan Legislative Reference Bureau. The LRB would report to a five-member advisory commission. The commission would include two Democrats, two Republicans and a fifth commissioner chosen by the first four. The LRB would send the maps it draws to the Legislature for approval. Changes would be prohibited. If the first drafts are rejected, the LRB would get a second opportunity to draw maps and the process would repeat itself. If the second set is rejected, the Legislature would then be able to amend the maps or draft its own, which would ultimately need approval from the Wisconsin Supreme Court. Having passed in the Assembly, the bill moves to the Senate, where Republicans hold a 22-11 majority. Senate Majority Leader Devin LeMahieu (R-Oostburg) has been equivocal on whether the Senate would act on the legislation. Evers has threatened to veto the measure. By Gretchen Schuldt
Gov. Tony Evers signed a bill sharply raising the penalty for first-degree reckless homicide involving drugs from 40 years in prison to 60 years in prison. The governor did not justify or explain his action in the press release announcing the signing, though he addressed reasons for signing another bill. The measure was introduced as SB101, and is now Act 29. First-degree reckless homicide is charged when someone dies of an overdose after taking drugs, virtually always voluntarily. The charge can be issued against a drug dealer or even a friend who was with the user when the user purchased the drugs. Technically, the law prohibits causing the death of another person "by manufacture, distribution, or delivery of, or by administering or assisting in administering," certain drugs. Opponents of the bill say it will prevent people who are with the victim at the time of the overdose from seeking help before death occurs because they are worried about prosecution. Evers did not address that possibility. Evers also signed a bill requiring increased transparency from the Parole Commission, including the requirement that additional statistics and information be published on the Department of Corrections' website. That bill, AB47, is Act 31. Evers was more forthcoming about his reasons for signing this bill than he was in explaining why he signed the overdose bill. “Ensuring transparency, accountability, and appropriate support and notification for victims, survivors, and their families is absolutely vital to the success of the Parole Commission and of our criminal justice system as a whole,” Evers said. Justice-related bills pending in the Legislature include those below. A chart showing the sponsors of each is at the bottom of this post. SB302/AB301 – Sexual contact lawsuits This bill would allow more time for a childhood victim of incest, sexual assault, or sexual contact to sue the alleged perpetrator. Currently, the victim must bring an action before reaching the age of 35; this bill would raise the age to 45. In addition, it would apply to all adult offenders, not just clergy members. SB313/AB313 – Failure to stop for a school bus The minimum penalty for failing to stop for a stopped school bus with flashing red lights would increase 10 times, from a forfeiture $30 to $300, under this legislation. The maximum penalty would jump from $300 to $1,000. The bill also would require the Department of Transportation to assess three demerit points against the record of a person convicted of failing to stop for a school bus. Under the demerit system, repeated traffic violations can lead to the suspension of a person's driver's license. SB314/AB315 – Possession of child pornography Under this bill, the depiction of actual children engaged in real or simulated sex no longer would be necessary to be charged or convicted of possessing child pornography. Instead, possessing pornographic images of someone who looks like a child or of computer-generated or hand-drawn pictures of children would be enough. The bill, according to the Legislative Reference Bureau, would make it illegal to knowingly receive, distribute, produce, possess, or access, with the intent to look at, obscene photographs, film, motion pictures, or digital or computer-generated images or pictures that contain a visual representation that appears to depict an actual child engaged in sexually explicit conduct although the representation does not depict an actual child. (Imagine the arguments over whether that 16- or 17-year-old looks like a child or an adult!) Violations would be punishable by up to 25 years in prison and a $100,000 fine. The bill includes a three-year mandatory minimum sentence. SB321/AB329 – Child sex dolls It would be illegal to possess child sex dolls, under this bill. Such dolls are defined as "anatomically correct doll, mannequin, or robot, with features that resemble a minor that is intended for use in sex acts, for sexual gratification, or for manipulating children into participating in sex acts, instructing children how to participate in sex acts, or normalizing sexual behavior with children," according to the Legislative Reference Bureau. Penalties for violations would vary depending on how many dolls are involved, past offenses, and past convictions for crimes against children. A first offense involving fewer than three dolls, for example, would be punishable by up to 3½ years in prison and a $10,000 fine. For a second offense involving at least three dolls, the penalty would be up to six years in prison and a $10,000 fine; for a third offense, up to 10 years in prison and a $25,000 fine. The penalties are tougher if the doll is intended to represent a specific child or if the offender has been previously convicted of intentional child abuse of a child, first-degree sexual assault of a child, sexual exploitation of a child, use of a computer to facilitate a child sex crime, or possession of child pornography. The bill also makes it a felony to provide premises for the use of a child sex doll, or to transfer, advertise, or display a child sex doll, instructions on how to create one, or materials intended to create one. The bill also prohibits intentionally making a child sex doll. Exempted from the created prohibitions under the bill are law enforcement officers, physicians, psychologists, attorneys, court officers, and others involved in law enforcement or child therapy, as long as their sex-doll activity is done in the lawful performance of their duties. By Gretchen Schuldt A chart showing the sponsors of these two measures is at the bottom of this post. SB309/AB310 — Revocation of supervision, expunction A Republican proposal to strip the presumption of innocence from anyone on community supervision and incarcerate thousands of people has been introduced again, carrying a price tag that dwarfs that of the 2021 version of the bill. The bill also would tighten rules on expunction. The new bill, Senate Bill 309/Assembly Bill 310, would require the Department of Corrections to recommend revocation of community supervision of anyone on probation, parole, or extended supervision who is charged with any new crime. Not convicted — just charged. Enactment of the bill would permanently add an estimated 4,673 individuals to the prison population, according to Department of Corrections' fiscal estimates for both the 2021 and 2023 bills. The 2023 estimate says the cost of those additional incarcerated individuals would be $209 million per year when the bill's full impact is felt. Those figures are based on a 2022 average annual per-incarcerated-person cost of $44,400. The 2021 cost estimate projected increased operational expenditures of $171 million annually when the measure was fully implemented. Those estimates were based on a 2020 per-incarcerated-person cost of $36,200. The 2023 full-implementation operational cost estimate is $38 million, or 22%, higher than the 2021 estimate. Both the 2021 and 2023 fiscal estimates say the bill would require the construction of two new prisons. The 2021 estimate put the cost of a new 2,000-bed, medium-security prison at $450 million to $550 million; the new fiscal estimate puts the cost at $687 million to $839 million. The new high-end construction estimate is $289 million, or 53%, more than the 2021 high-end figure. Both bills were based on the same assumptions. DOC estimated in each that there would be an additional 6,280 revocation cases per year and 47% of the recommendations would be ratified by the Department of Administration's Division of Hearings and Appeals, which reviews and decides such cases. The estimate assumes that each additional revocation would result in 19 months in prison. The Hearings and Appeals Division now affirms about 87% of revocation recommendations and the average time served for those is 39 months. DOC said it is likely that a smaller percentage of revocation recommendations would be affirmed if the agency must try to revoke everyone accused of a crime. DOC said it now uses several factors to determine whether revocation is appropriate. The bill also would make expunction harder for some to achieve. Currently, a record is not expunged until a person has completed the court-imposed sentence. A person has not completed a sentence if convicted of a subsequent crime or if probation was revoked and the person has not satisfied all the conditions of probation, according to the Legislative Reference Bureau summary of the bill. Under the proposed measure, a sentence would not be completed if criminal charges are pending against the person or if the person violated any rule or condition of probation or at least a year has not passed since being put on probation. The ACLU of Wisconsin has registered against the bill. No organization or individual has registered in favor. SB291/AB300 — Protections for election workers
Battery against an election worker would be a felony punishable by up to 3½ years in prison and a $10,000 fine, under a bill pending in the state Legislature. "It is true that Wisconsin already has strict criminal laws regarding assault and battery, and some may say that there is no need to specify that it is a crime to commit these acts against an election worker," State Rep. Joy Goeden (R-Hobart) said at a public hearing last month. She and co-author State Sen. Andre Jacque (R-DePere), however, believe "it is necessary to make this purposeful declaration: if you punch someone it’s a crime and yes, it is the same crime if you punch an election worker who is just doing his or her job," Goeden said. "Don’t do it." Currently, state law classifies battery as either a misdemeanor or a felony, depending on the harm caused and the identity of the target. In the latter case, for example, battery is a felony if the victim is a public officer and if the battery is designed to influence an official action or in retaliation for such an action, according to the Legislative Reference Bureau. Under the bill, any battery against an election worker of official would be a felony. The bill also would provide some other protections. It would prohibit public access to personally identifiable information of election workers and officials, except for the names of the city and state where an election worker lives. The bill also would give whistleblower protection to municipal clerks, county clerks, and election officials who witness and report election fraud or irregularities and would prohibit discipline against those workers for reporting what they reasonably believed to be election fraud or irregularities. While Brown County Clerk Patrick Moynihan Jr. said in testimony before the Assembly Campaigns and Elections Committee that the whistleblower provisions "provide reasonable assurances against any potential unlawful retribution," Protect Democracy Policy Advocate and Counsel Edgar Lin (full disclosure: Lin is a WJI Board member) raised several issues. The term "lawfully report" section, he said, should have included a process for doing so. The reporting structure is not defined in the bill, nor are deadlines set for reporting or investigating alleged irregularities. "What happens if a disgruntled employee weaponizes this protection by making a false or frivolous disclosure?" Lin asked. "Will they be required to pay attorneys fees and costs? Or even damages? What are the remedies if the employer was found liable for retaliatory action against a whistleblower?" "Without a clear process, a whistleblower event — regardless of merit — could descend into chaotic litigation, which could further undermine the confidence in our election system," he said. The word "irregularity" also needs to be better defined, he said. " 'Irregularities' is too broad without a concrete definition," he said. "It may inadvertently catch benign events that may technically be an irregularity. For example, if the post office takes a small chunk out of an absentee ballot during their handling and without any evidence of actual ballot tampering, should that be counted as an “irregularity”? "Instead of 'irregularities' ... the bad act should be grounded by existing laws, rules, regulation, and/or guidance," he said. The League of Wisconsin Municipalities and the League of Women Voters of Wisconsin have registered in favor of the bill. No organization or person has registered against it. |
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