reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 304 - Paroles and pardons. › 304.078 - Restoration of civil rights of convicted persons.

304.078
Restoration of civil rights of convicted persons.
(1)
In this section:
(a)
“Imprisonment" includes parole and extended supervision.
(b)
“Jailer" has the meaning given in s. 302.372 (1) (b).
(2)
Except as provided in sub. (3), every person who is convicted of a crime obtains a restoration of his or her civil rights by serving out his or her term of imprisonment or otherwise satisfying his or her sentence. The certificate of the department or other responsible supervising agency that a convicted person has served his or her sentence or otherwise satisfied the judgment against him or her is evidence of that fact and that the person is restored to his or her civil rights. The department or other agency shall list in the person's certificate rights which have been restored and which have not been restored. Persons who served out their terms of imprisonment or otherwise satisfied their sentences prior to August 14, 1947, are likewise restored to their civil rights from and after September 25, 1959.
(3)
If a person is disqualified from voting under s. 6.03 (1) (b), his or her right to vote is restored when he or she completes the term of imprisonment or probation for the crime that led to the disqualification. The department or, if the person is sentenced to a county jail or house of correction, the jailer shall inform the person in writing at the time his or her right to vote is restored under this subsection.
History:  1987 a. 226; 1989 a. 31 s. 1706; Stats. 1989 s. 304.078; 2003 a. 121.
A person convicted of a crime whose sentence has been satisfied may vote. 61 Atty. Gen. 260.
A convicted felon whose civil rights have been restored pursuant to s. 57.078 [now this section] is barred from the office of notary public unless he or she has been pardoned. 63 Atty. Gen. 74.
The operation of this section on a prior conviction is irrelevant to a conviction for which a prior conviction is a predicate. Roehl v. United States, 977 F.2d 375 (1992).
2023 Wisconsin Statutes & Annotations › Chapter 304 - Paroles and pardons. › 304.08 - Applications for pardon; regulations.

304.08
Applications for pardon; regulations.
All applications for pardon of any convict serving sentence of one year or more, except for pardons to be granted within 10 days next before the time when the convict would be otherwise entitled to discharge pursuant to law, shall be made and conducted in the manner hereinafter prescribed, and according to such additional regulations as may from time to time be prescribed by the governor.
History:  1989 a. 31 s. 1707; Stats. 1989 s. 304.08.
Executive clemency in Wisconsin. Bauer. 1973 WLR 1154.
2023 Wisconsin Statutes & Annotations › Chapter 304 - Paroles and pardons. › 304.09 - Notice of pardon application.

304.09
Notice of pardon application.
(1)
In this section:
(a)
“Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.
(b)
“Victim" means a person against whom a crime has been committed.
(2)
The notice of the pardon application shall state the name of the convict, the crime of which he or she was convicted, the date and term of sentence and the date if known, when the application is to be heard by the governor. The notice shall be served on the following persons, if they can be found:
(a)
The judge who participated in the trial of the convict.
(b)
The district attorney who participated in the trial of the convict.
(c)
The victim or, if the victim is dead, an adult member of the victim's family.
(3)
The notice shall inform the persons under sub. (2) of the manner in which they may provide written statements or participate in any applicable hearing. The applicant shall serve notice on the persons under sub. (2) (a) and (b) at least 3 weeks before the hearing of the application. The governor shall make a reasonable attempt to serve notice on the person under sub. (2) (c) at least 3 weeks before the hearing of the application. The notice shall be published at least once each week for 2 successive weeks before the hearing in a newspaper of general circulation in the county where the offense was committed. If there is no such newspaper, the notice shall be posted in a conspicuous place on the door of the courthouse of the county for 3 weeks before the hearing and published once each week for 2 consecutive weeks before the hearing in a newspaper published in an adjoining county. Publication as required in this subsection shall be completed by a date designated by the governor. The date shall be a reasonable time prior to the hearing date.
History:  1983 a. 364; 1989 a. 31 s. 1708; Stats. 1989 s. 304.09; 1997 a. 181; 2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 304 - Paroles and pardons. › 304.10 - Pardon application papers; victim's statement.

304.10
Pardon application papers; victim's statement.
(1)
An application for pardon shall be accompanied by the following papers:
(a)
Notice of application and acknowledgments or affidavits showing due service and affidavits showing due publication and posting whenever required;
(b)
A certified copy of the court record entries, the indictment or information, and any additional papers on file in the court, if obtainable, as the governor requires;
(c)
A full sworn statement by the applicant of all facts and reasons upon which the application is based;
(d)
Written statements by the judge and the district attorney who tried the case, if obtainable, indicating their views regarding the application and stating any circumstances within their knowledge in aggravation or extenuation of the applicant's guilt;
(e)
A certificate of the keeper of the prison where the applicant has been confined showing whether the applicant has conducted himself or herself in a peaceful and obedient manner.
(2)
When a victim or member of the victim's family receives notice under s. 304.09 (3), he or she may provide the governor with written statements indicating his or her views regarding the application and stating any circumstances within his or her knowledge in aggravation or extenuation of the applicant's guilt. Upon receipt of any such statement, the governor shall place the statement with the other pardon application papers.
(3)
Any statement or paper containing a reference to the address of a victim or a member of the victim's family which is contained in a statement or other paper accompanying a pardon application is not subject to s. 19.35 and shall be closed to the public. The governor, using the procedure under s. 19.36 (6), shall delete any reference to the address in any statement or paper made public.
History:  1983 a. 364; 1989 a. 31 s. 1709; Stats. 1989 s. 304.10; 1991 a. 269, 316; 1995 a. 224.
2023 Wisconsin Statutes & Annotations › Chapter 304 - Paroles and pardons. › 304.11 - Conditional pardon; enforcement.

304.11
Conditional pardon; enforcement.
(1)
In case a pardon is granted upon conditions the governor may issue a warrant to carry the conditions into effect.
(2)
If it appears to the governor during the term of the sentence that the convicted person violated or failed to comply with any such condition, the governor may issue a warrant to any sheriff commanding the sheriff to arrest the convicted person and bring the convicted person before the governor.
(3)
If upon inquiry it further appears to the governor that the convicted person has violated or failed to comply with any of those conditions, the governor may issue his or her warrant remanding the person to the institution from which discharged, and the person shall be confined and treated as though no pardon had been granted, except that the person loses any applicable good time which he or she had earned. If the person is returned to prison, the person is subject to the same limitations as a revoked parolee under s. 302.11 (7). The department shall determine the period of incarceration under s. 302.11 (7) (am). If the governor determines the person has not violated or failed to comply with the conditions, the person shall be discharged subject to the conditional pardon.
History:  1983 a. 528; 1989 a. 31 s. 1710; Stats. 1989 s. 304.11; 1991 a. 316; 2001 a. 109.
2023 Wisconsin Statutes & Annotations › Chapter 304 - Paroles and pardons. › 304.115 - Emergency removal.

304.115
Emergency removal.
When an emergency exists which in the opinion of the secretary makes it advisable, the secretary may permit the temporary removal of a convicted person for such period and upon such conditions as the secretary determines. The secretary may delegate this authority to the deputy and the wardens and superintendents of the state prisons.
History:  1989 a. 31 s. 1711; Stats. 1989 s. 304.115.
2023 Wisconsin Statutes & Annotations › Chapter 304 - Paroles and pardons. › 304.12 - Execution and record of warrants.

304.12
Execution and record of warrants.
When a convicted person is pardoned or the person's sentence is commuted, or the person is remanded to prison for the violation of any of the conditions of that person's pardon, the officer to whom the warrant is issued after executing it shall make return thereon to the governor forthwith and shall file with the clerk of the court in which the offender was convicted a certified copy of the warrant and return, and the clerk shall enter and file the same with the records of the case.
History:  1989 a. 31 s. 1712; Stats. 1989 s. 304.12; 1991 a. 316.
2023 Wisconsin Statutes & Annotations › Chapter 304 - Paroles and pardons. › 304.135 - Out-of-state supervision of parolees and persons on extended supervision without compact.

304.135
Out-of-state supervision of parolees and persons on extended supervision without compact.
(1)
(a)
If the compact authorized under s. 304.16 is not in effect, the department may permit any person convicted of an offense within this state and placed on probation or released on extended supervision or parole to reside in any other state not a party to the compact authorized by s. 304.13 (1m) whenever the authorities of the receiving state agree to assume the duties of visitation of and supervision over the probationer, person on extended supervision, or parolee, governed by the same standards that prevail for its own probationers, persons on extended supervision, and parolees, on the same terms as are provided in s. 304.13 (1m) (a) and (b), in the case of states signatory to the compact authorized by s. 304.13 (1m).
(b)
If the compact authorized under s. 304.16 is in effect, the department may permit any person convicted of an offense within this state and placed on probation or released on extended supervision or parole to reside in any other state that is not a party to the compact authorized by s. 304.13 (1m), or the compact authorized under s. 304.16, whenever the authorities of the receiving state agree to assume the duties of visitation of and supervision over the probationer, person on extended supervision, or parolee, governed by the same standards that prevail for its own probationers, persons on extended supervision, and parolees, on the same terms as are provided by rules promulgated by the interstate commission, as defined in s. 304.16 (2) (f), in the case of compacting states, as defined in s. 304.16 (2) (e).
(2)
Before permitting any probationer, person on extended supervision, or parolee to leave this state under sub. (1), the department shall obtain from him or her a signed agreement to return to this state upon demand of the department and an irrevocable waiver of all procedure incidental to extradition. The department may, in a manner comparable to that provided in sub. (1), receive for supervision probationers, persons on extended supervision, and parolees convicted in a state that is not a party to the compact authorized by s. 304.13 (1m) or the compact authorized by s. 304.16, and shall have the same custody and control of those persons as it has over probationers, persons on extended supervision, and parolees of this state.
History:  1989 a. 31 s. 1714; Stats. 1989 s. 304.135; 1997 a. 283; 2001 a. 96.
A probation order to spend three years in India doing charitable work exceeded the trial court's authority. State v. Dean, 102 Wis. 2d 300, 306 N.W.2d 286 (Ct. App. 1981).
2023 Wisconsin Statutes & Annotations › Chapter 304 - Paroles and pardons. › 304.137 - Determination concerning submission of human biological specimen.

304.137
Determination concerning submission of human biological specimen.
(1)
Persons released or placed on probation before January 1, 2000. If the department accepts supervision of a probationer, person on extended supervision, or parolee from another state under s. 304.13 (1m), 304.135, or 304.16 and the person was placed on probation or released on parole or extended supervision before January 1, 2000, the department shall determine whether the violation of law for which the person is on probation, extended supervision, or parole is comparable to a violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, or 948.085. If the department determines that a person on probation, extended supervision, or parole from another state who is subject to this subsection violated a law that is comparable to a violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, or 948.085, the department shall direct the probationer, person on extended supervision, or parolee to provide a biological specimen under s. 165.76.
(2)
Persons released or placed on probation on or after January 1, 2000, and before April 1, 2015.  If the department accepts supervision of a probationer, person on extended supervision, or parolee from another state under s. 304.13 (1m), 304.135, or 304.16 and the person was placed on probation or released on parole or extended supervision on or after January 1, 2000, and before April 1, 2015, the department shall determine whether the violation of law for which the person is on probation, extended supervision, or parole would constitute a felony if committed by an adult in this state. If the department determines that a person on probation, extended supervision, or parole from another state who is subject to this subsection violated a law that would constitute a felony if committed by an adult in this state, the department shall direct the probationer, person on extended supervision, or parolee to provide a biological specimen under s. 165.76.
(3)
Persons released or placed on probation on or after April 1, 2015.  If the department accepts supervision of a probationer, person on extended supervision, or parolee from another state under s. 304.13 (1m), 304.135, or 304.16 and the person was placed on probation or released on parole or extended supervision on or after April 1, 2015, the department shall direct the probationer, person on extended supervision, or parolee to provide a biological specimen under s. 165.76.
History:  1995 a. 440; 1997 a. 283; 1999 a. 9; 2001 a. 96; 2005 a. 277; 2021 a. 53; 2021 a. 240 s. 30.
2023 Wisconsin Statutes & Annotations › Chapter 304 - Paroles and pardons. › 304.14 - Cooperative return of parole, extended supervision and probation violators.

304.14
Cooperative return of parole, extended supervision and probation violators.
The secretary may deputize any person regularly employed by another state to act as an officer and agent of this state in effecting the return of any person who has violated the terms and conditions of parole, extended supervision or probation as granted by this state. In any matter relating to the return of such person, any agent so deputized shall have all the powers of a police officer of this state. Any deputization pursuant to this section shall be in writing and any person authorized to act as an agent under this section shall carry formal evidence of the deputization and shall produce the same upon demand.
History:  1989 a. 31 s. 1715; Stats. 1989 s. 304.14; 1991 a. 316; 1997 a. 283.
2023 Wisconsin Statutes & Annotations › Chapter 321 - Department of military affairs. › 321.01 - Definitions.

321.01
Definitions.
In this chapter:
(1)
“Active duty" means federal active duty or state active duty.
(2)
“Department" means the department of military affairs.
(3)
“Facility" includes armory, base, installation, and airfield.
(4)
“Federal active duty" means full-time duty in the active military service of the United States, as defined in 10 USC 101 (d) or 32 USC 502, 503, or 904.
(5)
“Law enforcement agency" means an agency of the federal government, a federally recognized Indian tribe or band, or a state or political subdivision of a state, whose purpose is the detection and prevention of crime and enforcement of laws or ordinances.
(6)
“Law enforcement officer" means any person employed by a law enforcement agency who is authorized to make arrests for violations of the laws or ordinances that the person is employed to enforce.
(7)
“Military property" includes arms, clothing, equipment, publications, supplies, and vehicles owned by or in the custody of the department.
(8)
“Military records" means correspondence, medical records, personnel records, and other documents in the custody of the department.
(9)
“National guard," unless the context otherwise requires, means both the Wisconsin army national guard and the Wisconsin air national guard.
(10)
“Political subdivision" means a city, village, town, or county.
(11)
“State active duty" means full-time state duty in the national guard, or state defense force when activated, under an order of the governor or under an order otherwise issued by authority of law, and includes travel to and from that duty.
(12)
“Unit" means a formally organized division or subset of the national guard or state defense force.
(13)
“Wisconsin code of military justice" means the Wisconsin Code of Military Justice under ch. 322.
History:  2007 a. 200.
2023 Wisconsin Statutes & Annotations › Chapter 321 - Department of military affairs. › 321.02 - Powers and duties of the governor.

321.02
Powers and duties of the governor.
(1)
The governor may request volunteers from the national guard to provide assistance to federal, state and local law enforcement officers, within or outside the boundaries of this state, in drug interdiction and counter-drug activities under 32 USC 112. These activities may include the operation and maintenance of equipment and facilities. The governor may order, with their consent, any national guard members who volunteer under this subsection to duty in federally funded status. The governor may delegate his or her authority under this subsection to the adjutant general. The adjutant general shall follow all laws and regulations of the U.S. department of defense when ordering national guard members to perform drug interdiction and counter-drug activities under this subsection.
(2)
A national guard member assisting in drug interdiction and counter-drug activities under this subsection shall obey the instructions of a law enforcement officer from the assisted agency involved in these activities that are given to the national guard member through the military chain of command.
History:  1991 a. 47; 2007 a. 200 ss. 141, 206; Stats. 2007 s. 321.02.
2023 Wisconsin Statutes & Annotations › Chapter 321 - Department of military affairs. › 321.03 - Powers and duties of the department.

321.03
Powers and duties of the department.
(1)
The department shall do all of the following:
(a)
Administer the national guard.
(b)
Provide facilities and support for the national guard.
(c)
Administer the Challenge Academy program for disadvantaged youth under 32 USC 509. The department shall determine eligibility criteria for the Challenge Academy consistent with federal law. Annually, the department shall do all of the following:
1.
Calculate the state share of the average cost per pupil attending the Challenge Academy program and report this information to the department of public instruction.
2.
Notwithstanding s. 118.125, report to each school district in which a pupil attending the program resides the pupil's name and the name and address of the pupil's custodial parent or guardian.
(d)
Assist the department of transportation in making the determinations under s. 343.16 (2) (f).
(e)
Apply for contracts and receive and expend moneys and grants from the federal government related to homeland security.
(2)
The department may do any of the following:
(a)
Enter into an agreement to rent to appropriate organizations or individuals state-owned lands, buildings, and facilities used by, acquired for, or erected for the national guard when not required for use by the national guard. A rental agreement under this paragraph is not effective unless in writing and approved in writing by the adjutant general or his or her designee.
(b)
Upon appraisal by the state chief engineer submitted to the governor in writing and with written approval of the governor sell and convey, any state-owned property acquired or erected for state military purposes, if the property is no longer useful to the national guard.
History:  1983 a. 27; 1997 a. 237; 2001 a. 109; 2005 a. 475; 2007 a. 162; 2007 a. 200 ss. 17 to 20m, 64 to 65, 86 to 88; Stats. 2007 s. 321.03; 2013 a. 20 s. 171.
2023 Wisconsin Statutes & Annotations › Chapter 321 - Department of military affairs. › 321.05 - Permission to forces of other states.

321.05
Permission to forces of other states.
(1)
Any military unit of another state that is in fresh pursuit of insurrectionists, terrorists, or enemy forces may continue the pursuit into this state until a military unit or law enforcement agency of this state or the U.S. military has had a reasonable opportunity to take up the pursuit or capture the persons. The military unit of the other state may arrest or capture those persons in this state while in fresh pursuit.
(2)
Any person who is captured or arrested by the military unit of another state while in this state shall without unnecessary delay be surrendered to a military unit or law enforcement agency of this state.
History:  2007 a. 200 ss. 25 to 26; Stats. 2007 s. 321.05.
2023 Wisconsin Statutes & Annotations › Chapter 321 - Department of military affairs. › 321.11 - United States property and fiscal officer.

321.11
United States property and fiscal officer.
(1)
The adjutant general shall recommend a candidate for appointment as the U.S. property and fiscal officer for the national guard, subject to the concurrence of the governor, from federally commissioned officers actively serving in the national guard. The candidate shall be nominated by the governor, subject to the concurrence of the U.S. secretary of the army, if the nominee is serving in the army national guard, or the U.S. secretary of the air force, if the nominee is serving in the air national guard.
(2)
The officer nominated under sub. (1) shall assume the duties of a U.S. property and fiscal officer under 32 USC 708, when properly ordered to active duty by the appropriate U.S. secretary, on the date specified in the order. The officer shall hold his or her position unless terminated earlier by resignation, disability or for cause and unless federal recognition of the officer's commission under 10 USC 14902, 14903, or 14905 is refused or withdrawn.
(3)
Any action by the governor to remove the officer appointed under sub. (2) for cause shall be governed by the federal laws and military regulations governing removal of an officer for cause and shall be subject to review by the chief of the national guard bureau and by the U.S. secretary of the army, if the officer is commissioned by the army national guard, or by the U.S. secretary of the air force, if the officer is commissioned by the air national guard.
History:  1987 a. 63; 2003 a. 69; 2007 a. 200 ss. 89 to 90; Stats. 2007 s. 321.11.
2023 Wisconsin Statutes & Annotations › Chapter 321 - Department of military affairs. › 321.12 - Chief surgeons.

321.12
Chief surgeons.
(1)
The chief surgeons for the army and air national guard shall, under direction of the adjutant general, have general supervision of the medical units of the national guard and, if organized, the state defense force. The chief surgeons shall make recommendations concerning the procurement of medical supplies and services for state active duty operations, the procurement and training of medical personnel, and the publication of national guard directives on medical subjects.
(2)
The chief surgeons for the army and the air national guard shall provide for any physical examinations and inoculations of officers, enlistees, and applicants for enlistment in the national guard that are prescribed by U.S. department of defense and national guard regulations.
History:  2007 a. 200 ss. 91 to 92, 94; Stats. 2007 s. 321.12.
2023 Wisconsin Statutes & Annotations › Chapter 321 - Department of military affairs. › 321.13 - Discharge of officers.

321.13
Discharge of officers.
Any officer may be discharged by the governor pursuant to the Wisconsin code of military justice or upon resignation or disability preventing full discharge of the duties of his or her office.
History:  1991 a. 316; 2007 a. 200 s. 124; Stats. 2007 s. 321.13.
2023 Wisconsin Statutes & Annotations › Chapter 321 - Department of military affairs. › 321.14 - Authority to administer oaths.

321.14
Authority to administer oaths.
Any officer of the national guard or any officer of the U.S. armed forces may administer oaths of enlistment in the national guard.
History:  1979 c. 221; 2007 a. 200 s. 125; Stats. 2007 s. 321.14.
2023 Wisconsin Statutes & Annotations › Chapter 321 - Department of military affairs. › 321.15 - Resignation of officer.

321.15
Resignation of officer.
A commissioned officer may resign his or her commission by submitting the written resignation to his or her immediate commanding officer. The commanding officer shall promptly forward the resignation through military channels to the adjutant general. The governor shall, by order, accept or reject the resignation, and, if accepted, fix the effective date of the resignation.
History:  1991 a. 316; 2007 a. 200 s. 126; Stats. 2007 s. 321.15.
2023 Wisconsin Statutes & Annotations › Chapter 321 - Department of military affairs. › 321.20 - Distribution of military property.

321.20
Distribution of military property.
The governor may receive and distribute military property that the state receives from the U.S. government under federal laws providing for arming and equipping of the national guard and the state defense force.
History:  1987 a. 63 s. 13; 2007 a. 200 s. 32; Stats. 2007 s. 321.20.
Federal law prevents the state from regulating personnel criteria of the national guard. Hazelton v. Personnel Commission, 178 Wis. 2d 776, 505 N.W.2d 793 (Ct. App. 1993).
2023 Wisconsin Statutes & Annotations › Chapter 321 - Department of military affairs. › 321.22 - Camp Williams.

321.22
Camp Williams.
(1)
The state facility near Camp Douglas, Juneau County, shall be known as “Camp Williams". The officer in charge of Camp Williams may arrest a person for a violation that occurs at Camp Williams of a state law, local ordinance, or provision of the Wisconsin code of military justice.
(2)
The adjutant general may grant to the federal government the right to use any area of Camp Williams upon conditions that the adjutant general deems advisable.
(3)
In memory of 1st lieutenant Jerome A. Volk, the first Wisconsin air national guard pilot killed in combat during the Korean conflict, so much of Camp Williams as is under lease to the federal government for use of the air national guard shall be known as “Volk Field" during the time the property remains under lease to the U.S. government.
History:  1979 c. 221 s. 2202 (37); 1991 a. 316; 2007 a. 200 s. 33; Stats. 2007 s. 321.22.
2023 Wisconsin Statutes & Annotations › Chapter 321 - Department of military affairs. › 321.24 - Encroachment on military areas and interference with military personnel.

321.24
Encroachment on military areas and interference with military personnel.
(1)
The officer in charge of any area used or to be used for military purposes may mark the area to warn against encroachment by unauthorized persons, but may not unnecessarily obstruct travel on any public highway. No person may encroach upon or enter the area without the consent of the officer.
(2)
No person may interfere with any member of the national guard or state defense force while the member is in the performance of military duty.
(3)
Any person who violates sub. (1) or (2) shall forfeit not less than $50 nor more than $200. The officer in charge or a designee may arrest and detain the person for such reasonable time as may be necessary to deliver the person to civil authorities.
History:  1975 c. 94 s. 91 (1); 1975 c. 189, 199, 422; 1979 c. 221; 2007 a. 200 s. 50; Stats. 2007 s. 321.24.
2023 Wisconsin Statutes & Annotations › Chapter 321 - Department of military affairs. › 321.30 - Composition of national guard.

321.30
Composition of national guard.
(1)
The organized militia of this state shall be known as the “Wisconsin national guard" and shall consist of members commissioned or enlisted in accordance with federal law or regulations governing the national guard.
(2)
The Wisconsin national guard shall consist of the army national guard and the air national guard.
History:  1975 c. 189; 1983 a. 27; 2003 a. 69; 2007 a. 200 s. 16; Stats. 2007 s. 321.30.
2023 Wisconsin Statutes & Annotations › Chapter 321 - Department of military affairs. › 321.31 - Uniform of national guard.

321.31
Uniform of national guard.
The uniform of the national guard shall be as prescribed by regulations for the corresponding branch of the U.S. armed forces.
History:  2007 a. 200 s. 102; Stats. 2007 s. 321.31.
2023 Wisconsin Statutes & Annotations › Chapter 321 - Department of military affairs. › 321.32 - Term of enlistment and discharge.

321.32
Term of enlistment and discharge.
Every person who enlists or receives a commission in the national guard shall serve for the term prescribed and satisfy the physical, educational and training requirements prescribed by the U.S. national guard bureau. Enlistees in the national guard shall be discharged as provided in the laws and regulations of the U.S. national guard bureau.
History:  2007 a. 200 s. 34; Stats. 2007 s. 321.32.
2023 Wisconsin Statutes & Annotations › Chapter 321 - Department of military affairs. › 321.33 - Commissions and rank.

321.33
Commissions and rank.
The governor shall appoint and issue commissions to officers. Every commission shall be signed by the secretary of state and the adjutant general. A commission shall continue unless terminated earlier by resignation, disability, or for cause or unless federal recognition of the officer's commission under 32 USC 323 is refused or withdrawn. Each commissioned officer shall take the oath of office prescribed by article IV, section 28, of the constitution and file it with the department. All commissioned officers shall take rank according to the date assigned them by their commissions, and when 2 of the same grade rank from the same date, their rank shall be determined by length of creditable service in the national guard, and if of equal creditable service then by lot.
History:  1983 a. 27, 192; 2007 a. 200 s. 104; Stats. 2007 s. 321.33.
2023 Wisconsin Statutes & Annotations › Chapter 321 - Department of military affairs. › 321.34 - Examinations for promotion or appointments.

321.34
Examinations for promotion or appointments.
The governor or adjutant general may order any person nominated or recommended for promotion or appointment in the national guard or state defense force to be examined by any competent officer or board of officers, designated in orders for that purpose, as to that person's qualifications for the office to which that person is to be appointed or promoted. The governor or adjutant general may take action on the report of the examining officer or board of officers as he or she considers to be for the best interests of the national guard or state defense force. The governor or adjutant general may also require the person to take the physical examination provided for admission to the U.S. army or air force.
History:  1983 a. 27; 1991 a. 316; 2007 a. 200 s. 105; Stats. 2007 s. 321.34.
2023 Wisconsin Statutes & Annotations › Chapter 321 - Department of military affairs. › 321.35 - Pay.

321.35
Pay.
(1)
Every officer and enlisted person on state active duty in the national guard shall receive the base pay, allowances, and, notwithstanding ss. 16.53 (12) (c) and (d) and 20.916 (8) and (9), travel expenses of an officer or enlisted person of equal rank in the corresponding branch of the U.S. armed forces.
(2)
The governor may fix the pay of any member of the military staff of the governor, or other members of the national guard or state defense force for any special state active duty.
(3)
The governor may order, with the member's consent, to state active duty a member of his or her military staff who is a state employee. The assigned staff member shall receive the pay, but not the allowances, of an officer of equal grade in the U.S. armed forces.
History:  1973 c. 279; 1975 c. 94 s. 91 (1); 1975 c. 382, 422; 1981 c. 35, 129; 1991 a. 316; 2003 a. 69; 2007 a. 200 s. 106; Stats. 2007 s. 321.35; 2013 a. 44; 2015 a. 189.
2023 Wisconsin Statutes & Annotations › Chapter 321 - Department of military affairs. › 321.36 - Rules of discipline.

321.36
Rules of discipline.
The applicable rules of discipline and regulations of the U.S. armed forces shall constitute the rules of discipline and the regulations of the national guard. The rules and uniform code of military justice established by Congress and the U.S. department of defense for the armed forces shall be adopted so far as they are applicable and consistent with the Wisconsin code of military justice for the government of the national guard. The system of instruction and the drill regulations prescribed for the different arms and corps of the armed forces of the U.S. shall be followed in the military instruction and practice of the national guard, and the use of any other system is forbidden.
History:  2007 a. 200 s. 99; Stats. 2007 s. 321.36.
2023 Wisconsin Statutes & Annotations › Chapter 321 - Department of military affairs. › 321.37 - No discrimination.

321.37
No discrimination.
No person, otherwise qualified, may be denied membership in the national guard or state defense force because of sex, color, race, creed, or sexual orientation and no member of the national guard or state defense force may be segregated within the national guard or state defense force on the basis of sex, color, race, creed, or sexual orientation. Nothing in this section prohibits separate facilities for persons of different sexes with regard to dormitory accommodations, toilets, showers, saunas, and dressing rooms.
History:  1975 c. 94; 1981 c. 112; 2003 a. 69; 2007 a. 200 s. 97; Stats. 2007 s. 321.37.
2023 Wisconsin Statutes & Annotations › Chapter 321 - Department of military affairs. › 321.38 - Decorations and awards.

321.38
Decorations and awards.
The adjutant general may prescribe decorations and awards for the national guard and the state defense force. The adjutant general shall adopt policies establishing the form and issuance of those decorations and awards.
History:  1975 c. 189; 1981 c. 207; 1983 a. 27; 1987 a. 63 s. 13; 2003 a. 69; 2007 a. 200 s. 36; Stats. 2007 s. 321.38.
2023 Wisconsin Statutes & Annotations › Chapter 321 - Department of military affairs. › 321.39 - Call to state active duty.

321.39
Call to state active duty.
(1)
(a)
The governor may order into state active duty members of the national guard under the following circumstances:
1.
In case of war, insurrection, rebellion, riot, invasion, terrorism, or resistance to the execution of the laws of this state or of the United States.
2.
In the event of public disaster resulting from flood, fire, tornado, or other natural disaster.
3.
If the governor declares a state of emergency relating to public health under s. 323.10.
4.
In order to assess damage or potential damage and to recommend responsive action as a result of an event listed in subds. 1. to 3.
5.
Upon application of any marshal of the United States, the president of any village, the mayor of any city, the chairperson of any town board, or any sheriff in this state.
(b)
If the governor is absent, or cannot be immediately communicated with, any of the persons listed in par. (a) 5. may, if the occasion is urgent, request assistance from the commander of any national guard unit. The commander shall obtain approval of the adjutant general before ordering the unit to provide assistance. If it is not feasible to obtain approval of the adjutant general, and the danger is great and imminent, the commander may order the unit to provide assistance without adjutant general approval. The order shall be delivered to every subordinate officer, who shall immediately communicate the substance of the order to the members of the unit. If a member cannot be found, the substance of the order, in writing, shall be left at the member's place of residence with some person of suitable age and discretion, to whom the order's contents shall be explained.
(2)
(a)
Any commissioned officer or enlisted member of the national guard who fails to carry out orders or fails to appear at the time or place ordered as provided in sub. (1) shall be punished under the Wisconsin code of military justice.
(b)
Any person who assists an officer or member of the national guard in violating par. (a) shall be subject to a forfeiture of not less than $200 nor more than $1,000.
History:  1979 c. 221; 1991 a. 316; 1993 a. 246; 1999 a. 62, 136; 2005 a. 22; 2007 a. 200 ss. 38 to 40, 220 to 221; Stats. 2007 s. 321.39; 2009 a. 42.
2023 Wisconsin Statutes & Annotations › Chapter 321 - Department of military affairs. › 321.41 - Training; special schools; pay and allowances.

321.41
Training; special schools; pay and allowances.
The governor or adjutant general may order the national guard or state defense force to assemble for training at any military establishment and fix the dates and places of that training. The governor or adjutant general may order members of the national guard or state defense force, at their option, to attend special schools for military training that are authorized by the state or federal government. The governor or adjutant general shall determine the amount that the members of the national guard or state defense force shall receive as pay and allowances for the training.
History:  1991 a. 316; 2007 a. 200 s. 37; Stats. 2007 s. 321.41.
2023 Wisconsin Statutes & Annotations › Chapter 321 - Department of military affairs. › 321.42 - Defense of members of guard; payment of judgments.

321.42
Defense of members of guard; payment of judgments.
(1)
(a)
If any member of the national guard or of the state defense force or any resident of this state who is a member of the national guard of another state is prosecuted by any civil or criminal action for any act performed within the scope of his or her employment as a member, the governor, upon request of the adjutant general, shall appoint counsel to defend the member. The adjutant general shall make the request to appoint defense counsel if the act performed by the member was in the line of duty. The governor may appoint the attorney general to defend the member.
(b)
The costs and expenses of the defense under par. (a) shall be audited by the department of administration and charged to the appropriation under s. 20.505 (1) (d). If the jury or court finds that the member against whom the action is brought acted within the scope of his or her employment as a member, the judgment as to damages entered against the member shall be paid by the state.
(2)
Any civil action or proceeding brought against a member under sub. (1) (a) is subject to ss. 893.82 and 895.46.
History:  1977 c. 65; 1979 c. 34 s. 2102 (37) (a); 1979 c. 221; 1981 c. 20 s. 2202 (17) (a); 1985 a. 332 s. 253; 1987 a. 63 s. 13; 2003 a. 69; 2007 a. 200 s. 43 to 45; Stats. 2007 s. 321.42; 2013 a. 20.
A national guard member on active duty, but operating his own car for his own purposes while on a pass, was not acting in the performance of a military duty. Wuorinen v. State Farm Mutual Automobile Insurance Co. 56 Wis. 2d 44, 201 N.W.2d 521 (1972).
The state is not immune under ch. 102, (worker's compensation), from liability for damages incurred by a national guard member while pursuing military duties. The state must pay a judgment based on negligence occurring in the good faith performance of duty. Mazurek v. Skaar, 60 Wis. 2d 420, 210 N.W.2d 691 (1973).
2023 Wisconsin Statutes & Annotations › Chapter 321 - Department of military affairs. › 321.43 - Exemption from civil authority.

321.43
Exemption from civil authority.
During the time the national guard or state defense force is performing military duty under orders issued by the governor or adjutant general, all of its members, while going to, remaining at, or returning from a place of duty are exempt from arrest or service of any process issued by a civilian court. In any civil or criminal prosecution against any member arising out of the member's performing military duty, it shall be a defense that the member was acting in good faith or under a lawful military order. The order shall be considered lawful unless shown to be unlawful.
History:  1991 a. 316; 2007 a. 200 s. 42; Stats. 2007 s. 321.43.
Since this state has never granted a national guard member immunity from suit by another member for injuries negligently caused in the performance of military duty, the 1969 amendment of this section did not change the law. Mazurek v. Skaar, 60 Wis. 2d 420, 210 N.W.2d 691 (1973).
2023 Wisconsin Statutes & Annotations › Chapter 321 - Department of military affairs. › 321.44 - Exemptions from certain county duties.

321.44
Exemptions from certain county duties.
Every member of the national guard or state defense force is exempt from service on any body of county residents summoned by the sheriff to assist in preserving the peace.
History:  1977 c. 318; 1979 c. 110; 2007 a. 200 s. 35; Stats. 2007 s. 321.44.
2023 Wisconsin Statutes & Annotations › Chapter 321 - Department of military affairs. › 321.45 - Military family financial aid.

321.45
Military family financial aid.
(1)
In this section:
(a)
“Immediate family" means the spouse and dependent children of a service member who are residents of this state.
(b)
“Service member" means a resident of this state who is a member of the U.S. armed forces, including any reserve component, or of the national guard.
(2)
The department shall provide financial aid to eligible service members and eligible members of the immediate family of service members. The department shall promulgate rules establishing eligibility criteria and the amount of financial aid.
History:  2009 a. 28; 2013 a. 45.
2023 Wisconsin Statutes & Annotations › Chapter 321 - Department of military affairs. › 321.63 - Local government employees or officers in federal active duty.

321.63
Local government employees or officers in federal active duty.
(1)
A local governmental unit, as defined in s. 66.0135 (1) (c), may grant a leave of absence to any employee or officer who is inducted or who enlists in the U.S. armed forces for a period of federal active duty of not more than 5 years unless the employee is involuntarily retained for a longer period. No salary or compensation of the employee or officer shall be paid, nor claim for the salary or compensation exist, during the leave of absence, except as provided in this section. If the employee's or officer's salary or compensation is less in the U.S. armed forces than was paid by the local governmental unit, that governmental unit may pay the employee or officer the difference between the salary or compensation paid by the U.S. armed forces and the salary or compensation that the employee or officer was paid by the local governmental unit at the time that he or she enlisted in or was inducted into the U.S. armed forces.
(2)
The local governmental unit may provide for safeguarding the reinstatement and pension rights, as limited in this section, of any employee or officer so inducted or enlisted.
(3)
No employee or officer who is appointed to fill the place of any employee or officer so inducted or enlisted shall acquire permanent tenure during the period of the replacement service.
(4)
If the leave of absence under sub. (1) is granted to an elected or appointed official or employee and the official or employee has begun federal active duty, a temporary vacancy exists and a successor may be appointed to fill the unexpired term of the official or employee, or until the official or employee returns and files an election to resume the office if the date of the filing is prior to the expiration of the term. The appointment shall be made in the manner provided for the filling of vacancies caused by death, resignation, or otherwise, except that no election need be held to fill a temporary vacancy. The appointee has all the powers, duties, liabilities, and responsibilities and shall be paid and receive the compensation and other benefits of the office or position, unless otherwise provided by the local governmental unit. Within 40 days after the termination of federal active duty, the elected or appointed official or employee, upon filing with the clerk of the local governmental unit, a statement under oath of termination and that the official or employee elects to resume the office or position, may resume the office or position for the remainder of the term for which elected or appointed. The person temporarily filling the vacancy shall cease to hold the office on the date of the filing.
History:  2005 a. 22, 253; 2007 a. 200 s. 173; Stats. 2007 s. 321.63.
2023 Wisconsin Statutes & Annotations › Chapter 321 - Department of military affairs. › 321.67 - Death gratuity; national guard and state defense force.

321.67
Death gratuity; national guard and state defense force.
If a national guard member or state defense force member dies from an accidental injury while performing services growing out of and incidental to the member's employment while the member is on state active duty, the department shall voucher and pay from the appropriation under s. 20.465 (1) (dm) an amount equal to $100,000 to the member's designated beneficiary.
History:  2017 a. 274; 2021 a. 238 s. 45.
2023 Wisconsin Statutes & Annotations › Chapter 321 - Department of military affairs. › 321.68 - Continuation of payment.

321.68
Continuation of payment.
(1)
In this section, “injury” means a mental or physical harm.
(2)
The department of administration shall administer this section in the same manner it administers s. 230.36.
(3)
(a)
If a member of the national guard or state defense force suffers injury in the performance of his or her duties while on state active duty, the member shall continue to be fully paid under s. 321.35 or 321.51 upon the same basis as paid prior to the injury.
(b)
The full pay under par. (a) shall continue while the member is unable to return to active duty as the result of the injury or until the termination of his or her state active duty. At any time during the member's period of disability the department may, at the department's expense, order physical or medical examinations to determine the degree of disability.
(4)
A member denied benefits under this section may appeal to the employment relations commission under s. 230.45 (1) (d).
(5)
The department is entitled to the right of subrogation for payments made under this section to the same extent an employing agency is entitled to the right of subrogation under s. 230.36 (5).
History:  2017 a. 274.
2023 Wisconsin Statutes & Annotations › Chapter 322 - Wisconsin code of military justice. › 322.0001 - Criminal code interaction.

322.0001
Criminal code interaction.
(1)
Chapters 939, 967 to 973, and 975 to 979 do not apply to proceedings under this chapter.
(2)
A crime under this code is a crime under s. 939.12. A felony under this code is a felony under s. 939.22 (12). A misdemeanor under this code is a misdemeanor under s. 939.22 (20).
History:  2007 a. 200.