rdinance Amendment to Sauk County Code Chapter 11 – Public Peace and Order to add ordinances related to conduct prohibited in the Sauk County Jail.

BACKGROUND:

Sauk County Code Chapter 11 incorporates several provisions of Wisconsin Criminal Code into the Sauk County Code of Ordinances with the stated purpose of promoting public peace and order.  From a law enforcement and judicial prospective, regulating certain prohibited conduct through both criminal law and county ordinance provides greater latitude in the enforcement and prosecution of offenses.  The ability to handle some offenses as ordinance violations can alleviate strain on the Courts and provide a better outcome for the violator while still achieving the desired punitive and corrective results. 

Two specific Wisconsin Statutes govern conduct prohibited based where the conduct occurred to include county jails as an applicable location.  Wis. §946.73 establishes a Class C misdemeanor for violating any lawful rule of a penal institution.  Wis. §302.095 establishes a Class I Felony for delivering articles to inmates or possessing prohibited articles in a jail.  The Sauk County Jail also has an inmate rulebook governing inmate behavior and an internal disciplinary system with sanctions for violations.  There is currently not a county ordinance adopting the above-referenced state statutes, leaving a broad gap between criminal offenses and jail rule violations.  The creation of the proposed ordinances would allow greater flexibility and options for both jail and judicial staff when addressing these prohibited activities within the Sauk County Jail.