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Wisconsin Legislature: SJR113: Joint Resolution Text
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SJR113: Joint Resolution Text
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2025 - 2026 LEGISLATURE
LRB-5484/1
MPG:wlj
2025 SENATE JOINT RESOLUTION 113
December 2, 2025 - Introduced by Senator
Larson
, cosponsored by Representatives
Clancy
,
Madison
,
Arney
,
Hong
,
Phelps
,
Stubbs
and
Tenorio
. Referred to Committee on Judiciary and Public Safety.
SJR113,1,2
1
To create
section 4 (3) (c) of article VI of the constitution;
relating to:
custody of
2
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 2025 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 public 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.
SJR113,1,3
3
Resolved by the
senate
, the
assembly
concurring, That:
SJR113,1
4
Section
1
.
Section 4 (3) (c) of article VI of the constitution is created to read:
SJR113,2,2
5
[Article VI] Section 4 (3) (c) The sheriff shall have custody of the county jail
6
and its inmates except to the extent the county board of supervisors delegates
1
custody of the county jail and its inmates to another public officer or public entity
2
designated by the board of supervisors.
SJR113,2
3
Section
2
. Numbering of new provision.
If another constitutional
4
amendment ratified by the people creates the number of any provision created in
5
this joint resolution, the chief of the legislative reference bureau shall determine
6
the sequencing and the numbering of the provisions whose numbers conflict.
SJR113,2,9
7
Be it further resolved, That
this proposed amendment be referred to the
8
legislature to be chosen at the next general election and that it be published for 3
9
months previous to the time of holding such election.
SJR113,2,10
10
(end)
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