| 1 | 1 | | LRB-4706/1 |
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| 2 | 2 | | MPG:skw&cdc |
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| 3 | 3 | | 2023 - 2024 LEGISLATURE |
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| 4 | 4 | | 2023 ASSEMBLY JOINT RESOLUTIO N 100 |
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| 5 | 5 | | December 8, 2023 - Introduced by Representatives CLANCY, MADISON, J. ANDERSON, |
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| 6 | 6 | | CONLEY, CONSIDINE, MOORE OMOKUNDE, SHELTON and STUBBS, cosponsored by |
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| 7 | 7 | | Senator TAYLOR. Referred to Committee on Corrections. |
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| 8 | 8 | | ***AUTHORS SUBJECT TO CHANGE*** |
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| 9 | 9 | | To create section 4 (3) (c) of article VI of the constitution; relating to: custody of the |
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| 10 | 10 | | county jail and its inmates (first consideration). |
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| 11 | 11 | | Analysis by the Legislative Reference Bureau |
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| 12 | 12 | | The Wisconsin Supreme Court has held that the county sheriff has the inherent |
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| 13 | 13 | | constitutional authority to exercise custody of the county jail and its inmates. See |
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| 14 | 14 | | State ex rel. Kennedy v. Brunst, 26 Wis. 412 (1870); Kocken v. Wisconsin Council of |
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| 15 | 15 | | Churches 40 2007 WI 72. This proposed constitutional amendment, proposed to the |
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| 16 | 16 | | 2023 legislature on first consideration, amends the Wisconsin Constitution to |
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| 17 | 17 | | provide that the sheriff has custody of the county jail and its inmates except to the |
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| 18 | 18 | | extent the county board of supervisors delegates that authority to another public |
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| 19 | 19 | | officer or entity designated by the county board. |
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| 20 | 20 | | A proposed constitutional amendment requires adoption by two successive |
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| 21 | 21 | | legislatures, and ratification by the people, before it can become effective. |
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| 22 | 22 | | Resolved by the assembly, the senate concurring, That: |
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| 23 | 23 | | SECTION 1. Section 4 (3) (c) of article VI of the constitution is created to read: |
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| 24 | 24 | | [Article VI] Section 4 (3) (c) The sheriff shall have custody of the county jail and |
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| 25 | 25 | | its inmates except to the extent the county board of supervisors delegates custody of |
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| 31 | 31 | | 6 - 2 - |
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| 32 | 32 | | LRB-4706/1 |
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| 33 | 33 | | MPG:skw&cdc |
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| 34 | 34 | | SECTION 1 |
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| 35 | 35 | | 2023 - 2024 Legislature |
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| 36 | 36 | | the county jail and its inmates to another public officer or entity designated by the |
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| 37 | 37 | | board of supervisors. |
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| 38 | 38 | | SECTION 2. Numbering of new provision. If another constitutional |
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| 39 | 39 | | amendment ratified by the people creates the number of any provision created in this |
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| 40 | 40 | | joint resolution, the chief of the legislative reference bureau shall determine the |
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| 41 | 41 | | sequencing and the numbering of the provisions whose numbers conflict. |
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| 42 | 42 | | Be it further resolved, That this proposed amendment be referred to the |
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| 43 | 43 | | legislature to be chosen at the next general election and that it be published for 3 |
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| 44 | 44 | | months previous to the time of holding such election. |
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| 45 | 45 | | (END) |
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