Wisconsin Statutes 813.129 – Global positioning system tracking
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Terms Used In Wisconsin Statutes 813.129
- Conviction: A judgement of guilt against a criminal defendant.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Property: includes real and personal property. See Wisconsin Statutes 990.01
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
(1) If a person knowingly violates a temporary restraining order or injunction issued under s. 813.12 or 813.125, in addition to other penalties provided in those sections, the court may report the violation to the department of corrections immediately upon the person’s conviction and may order the person to submit to global positioning system tracking under s. 301.49.
(2) Before issuing an order under sub. (1), the court must find that the person is more likely than not to cause serious bodily harm to the person who petitioned for the restraining order or injunction, weighing the following factors:
(a) Whether the person has allegedly caused physical injury, intentionally abused pets or damaged property, or committed sexual assault, an act of strangulation or forcible entry to gain access to the petitioner.
(b) Whether the person has threatened any individual, including the petitioner, with harm.
(c) Whether the person has a history of improperly using or threatening to use a firearm or other dangerous weapon.
(d) Whether the person has expressed suicidal ideation.
(e) Whether the person has exhibited obsessive or controlling behavior toward the petitioner or any member of the petitioner’s family, including stalking, surveillance, or isolation of the petitioner or any member of the petitioner’s family.
(f) The person’s mental health history.
(g) Whether the person has a history of abusing alcohol or a controlled substance.
(3) The court may request the department of corrections to provide a validated risk assessment of the person in order to make the findings required in sub. (2).
(4) If a court enters an order under sub. (1), the court shall provide the person who petitioned for the restraining order or injunction with a referral to a domestic violence or sexual assault victim service provider.
(5) If, after weighing the factors set forth under sub. (2), the court determines that a person is more likely than not to cause serious bodily harm to the person who petitioned for the restraining order or injunction, and the court determines that another alternative, including imprisonment, is more likely to protect the person who petitioned for the restraining order or injunction, the court may not enter an order under sub. (1).