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