Wisconsin Legislative Council
AMENDMENT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Memo published: March 12, 2025 Contact: Amber Otis, Senior Staff Attorney
2025 Assembly Bill 24 Assembly Amendment 1
2025 ASSEMBLY BILL 24
2025 Assembly Bill 24 generally requires sheriffs to undertake various actions relating to certain
individuals confined in county jails.
First, the bill requires a sheriff to request proof of whether an individual is lawfully present in the
United States from any individual confined in the jail for an offense punishable as a felony. The bill
specifies the types of documents that constitute proof of lawful presence. If a sheriff is unable to verify
that an individual is lawfully present in the United States, the sheriff must immediately inform the
federal Department of Homeland Security (DHS) of that inability to make a verification.
Separately, the bill requires a sheriff to comply with the requests of a detainer in the event the sheriff
receives a detainer and administrative warrant from DHS that reasonably appears to be for an
individual who is confined in the jail for a criminal offense. The sheriff must seek reimbursement from
the federal government for any costs incurred while holding individuals under this requirement.
Under the bill, a sheriff must certify by July 1 of each year that, for the preceding year, the sheriff has
complied with the bill’s requirements. If, in any year, a county’s sheriff fails to certify compliance, the
bill requires the secretary of administration to reduce the county’s payments under the county and
municipal aid program (commonly referred to as “shared revenue”) for the next year by 15 percent.
The bill also does all of the following:
Requires the sheriff to maintain a record of the number of individuals confined in the county jail for
a felony offense who are verified as unlawfully present and a list of the types of crimes for which
those individuals were confined in the jail, and provide such records to the Department of Justice
(DOJ) upon request.
Requires DOJ to submit a report compiling the data collected from sheriffs to the appropriate
legislative standing committees semiannually beginning January 1, 2027.
Provides immunity from criminal and civil liability to any law enforcement agency, or law
enforcement officer employed by a law enforcement agency, for any action taken under the bill’s
requirements.
ASSEMBLY AMENDMENT 1
Assembly Amendment 1 requires a sheriff to comply with the requests of a detainer only when receiving
a detainer and administrative warrant from DHS that reasonably appears to be for an individual
confined in the jail for an offense punishable as a felony, rather than for a “criminal offense,” as
provided in the bill, a term that encompasses both felony and misdemeanor offenses. - 2 -
BILL HISTORY
Representatives Vos and Piwowarczyk offered Assembly Amendment 1 on March 7, 2025. On March 11,
2025, the Assembly Committee on Criminal Justice and Public Safety recommended adoption of the
amendment on votes of Ayes, 14; Noes, 1; and recommended passage of Assembly Bill 24, as amended,
on votes of Ayes, 10; Noes, 5.
For a full history of the bill, visit the Legislature’s bill history page.
AO:jal