This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB831,8 4Section 8 . 302.11 (7) (ag) 1. of the statutes is created to read:
AB831,5,65 302.11 (7) (ag) 1. “Abscond” means to fail to report or make oneself available
6for supervision for a period of more than 60 consecutive days.
AB831,9 7Section 9 . 302.11 (7) (am) of the statutes is renumbered 302.11 (7) (am) 1.
8(intro.) and amended to read:
AB831,5,129 302.11 (7) (am) 1. (intro.) The reviewing authority may not return a parolee
10released under sub. (1) or (1g) (b) or s. 304.02 or 304.06 (1) to prison for a period up
11to the remainder of the sentence
for a violation of the conditions of parole. The
12remainder
unless one of the following applies:
AB831,5,14 13(ag) 2. “Remainder of the sentence is” means the entire sentence, less time
14served in custody prior to parole.
AB831,5,18 15(am) 2. If the reviewing authority revokes parole, the revocation order may
16return the parolee to prison for a period up to the remainder of the sentence.
The
17revocation order shall provide the parolee with credit in accordance with ss. 304.072
18and 973.155.
AB831,10 19Section 10 . 302.11 (7) (am) 1. a. to e. of the statutes are created to read:
AB831,5,2120 302.11 (7) (am) 1. a. The person committed 3 or more independent violations
21while released on parole.
AB831,5,2322 b. The condition that the person violated was a condition that the person not
23contact any specified individual.
AB831,5,2424 c. The person was required to register as a sex offender under s. 301.45.
AB831,6,2
1d. When the person violated the condition of parole, the person also allegedly
2committed a crime.
AB831,6,33 e. The person absconded.
AB831,11 4Section 11 . 302.113 (8m) (a) of the statutes is renumbered 302.113 (8m).
AB831,12 5Section 12 . 302.113 (8m) (b) of the statutes is repealed.
AB831,13 6Section 13. 302.113 (9) (ag) of the statutes is renumbered 302.113 (9) (ag)
7(intro.) and amended to read:
AB831,6,88 302.113 (9) (ag) (intro.) In this subsection “ reviewing:
AB831,6,11 93. “Reviewing authority" means the division of hearings and appeals in the
10department of administration, upon proper notice and hearing, or the department
11of corrections, if the person on extended supervision waives a hearing.
AB831,14 12Section 14. 302.113 (9) (ag) 1. and 2. of the statutes are created to read:
AB831,6,1413 302.113 (9) (ag) 1. “Abscond” means to fail to report or make oneself available
14for supervision for a period of more than 60 consecutive days.
AB831,6,1515 2. “Crime" has the meaning given in s. 939.12.
AB831,15 16Section 15. 302.113 (9) (am) of the statutes is renumbered 302.113 (9) (am) 1.
17(intro.) and amended to read:
AB831,6,2118 302.113 (9) (am) 1. (intro.) If a person released to extended supervision under
19this section violates a condition of extended supervision, the reviewing authority
20may not revoke the extended supervision of the person. unless one of the following
21applies:
AB831,6,25 222. If the extended supervision of the person is revoked under subd. 1., the
23reviewing authority shall order the person to be returned to prison for any specified
24period of time that does not exceed the time remaining on the bifurcated sentence.
25The time
AB831,7,5
1(ag) 4. “Time remaining on the bifurcated sentence" is the total length of the
2bifurcated sentence, less time served by the person in confinement under the
3sentence before release to extended supervision under sub. (2) and less all time
4served in confinement for previous revocations of extended supervision under the
5sentence.
AB831,7,8 6(am) 3. The order returning a person to prison under this paragraph subd. 2.
7shall provide the person whose extended supervision was revoked with credit in
8accordance with ss. 304.072 and 973.155.
AB831,16 9Section 16 . 302.113 (9) (am) 1. a. to e. of the statutes are created to read:
AB831,7,1110 302.113 (9) (am) 1. a. The person committed 3 or more independent violations
11during his or her term of extended supervision.
AB831,7,1312 b. The condition that the person violated was a condition that the person not
13contact any specified individual.
AB831,7,1414 c. The person was required to register as a sex offender under s. 301.45.
AB831,7,1615 d. When the person violated the condition of extended supervision, the person
16also allegedly committed a crime.
AB831,7,1717 e. The person absconded.
AB831,17 18Section 17. 302.113 (9) (b) of the statutes is amended to read:
AB831,8,219 302.113 (9) (b) A person who is returned to prison after revocation of extended
20supervision shall be incarcerated for the entire period of time specified by the order
21under par. (am) 2. The period of time specified under par. (am) 2. may be extended
22in accordance with sub. (3). If a person is returned to prison under par. (am) 2. for
23a period of time that is less than the time remaining on the bifurcated sentence, the
24person shall be released to extended supervision after he or she has served the period

1of time specified by the order under par. (am) 2. and any periods of extension imposed
2in accordance with sub. (3).
AB831,18 3Section 18. 302.113 (9) (c) of the statutes is amended to read:
AB831,8,124 302.113 (9) (c) A person who is subsequently released to extended supervision
5after service of the period of time specified by the order under par. (am) 2. is subject
6to all conditions and rules under sub. (7) and, if applicable, sub. (7m) until the
7expiration of the time remaining extended supervision portion of on the bifurcated
8sentence. The remaining extended supervision portion of the bifurcated sentence is
9the total length of the bifurcated sentence, less the time served by the person in
10confinement under the bifurcated sentence before release to extended supervision
11under sub. (2) and less all time served in confinement for previous revocations of
12extended supervision under the bifurcated sentence.
AB831,19 13Section 19 . 302.114 (9) (ag) of the statutes is amended to read:
AB831,8,1514 302.114 (9) (ag) In this subsection “reviewing authority" has the meaning given
15in s. 302.113 (9) (ag) 3.
AB831,20 16Section 20 . 302.115 of the statutes is created to read:
AB831,8,18 17302.115 Sanctions for violation of condition of probation, parole, or
18extended supervision.
(1) In this section:
AB831,8,2019 (a) “Abscond” means to fail to report or make oneself available for supervision
20for a period of more than 60 consecutive days.
AB831,8,2321 (b) “Reviewing authority” means the division of hearings and appeals in the
22department of administration or, if a hearing is waived under par. (5), the
23department.
AB831,9,3 24(2) Notwithstanding ss. 302.11 (7), 302.113 (9), and 973.10 (2), if a person on
25probation or parole or a person on extended supervision under s. 302.113 violates a

1condition or rule of that probation, parole, or extended supervision, the department
2may initiate a proceeding before the division of hearings and appeals in the
3department of administration to sanction the person for the violation.
AB831,9,6 4(3) The division of hearings and appeals in the department of administration
5shall hold a hearing no later than 14 days after the department initiates the
6proceeding to determine the appropriate sanction for the violation.
AB831,9,7 7(4) The reviewing authority may impose one of the following sanctions:
AB831,9,98 (a) Except as provided under par. (b), imprisonment for a period not to exceed
930 days.
AB831,9,1110 (b) Imprisonment for a period not to exceed 90 days if any of the following
11applies:
AB831,9,1312 1. The person has committed 3 or more independent violations during his or
13her term of probation, parole, or extended supervision.
AB831,9,1514 2. The condition that the person violated was a condition that the person not
15contact any specified individual.
AB831,9,1616 3. The person was required to register as a sex offender under s. 301.45.
AB831,9,1817 4. When the person violated the condition of probation, parole, or extended
18supervision, the person also allegedly committed a crime.
AB831,9,1919 5. The person absconded.
AB831,9,23 20(5) A person who is the subject of a proceeding under this section may waive
21the hearing under sub. (3) by signing a statement admitting the violation. If the
22person waives the hearing under this subsection, the reviewing authority may
23impose a sanction under sub. (4).
AB831,10,3
1(6) If a person is confined in a county jail under this section, the department
2shall reimburse the county for its actual costs in confining the person from the
3appropriations under s. 20.410 (1) (ab) and (b).
AB831,21 4Section 21 . 302.33 (1) of the statutes is amended to read:
AB831,10,125 302.33 (1) The maintenance of persons who have been sentenced to the state
6penal institutions; persons in the custody of the department, except as provided in
7sub. (2) and ss. 301.048 (7), 302.113 (8m), and 302.114 (8m), and 302.115; persons
8accused of crime and committed for trial; persons committed for the nonpayment of
9fines and expenses; and persons sentenced to imprisonment therein, while in the
10county jail, shall be paid out of the county treasury. No claim may be allowed to any
11sheriff for keeping or boarding any person in the county jail unless the person was
12lawfully detained therein.
AB831,22 13Section 22 . 303.08 (1) (intro.) of the statutes is amended to read:
AB831,10,1914 303.08 (1) (intro.) Any person sentenced to a county jail for crime, nonpayment
15of a fine or forfeiture, or contempt of court or subject to a confinement sanction under
16s. 302.113 (8m) or 302.114 (8m) or 302.115 or a probationer detained in a county jail,
17tribal jail, or other county facility for a probation violation who meets the criteria
18under s. 302.335 (2j) may be granted the privilege of leaving the jail during necessary
19and reasonable hours for any of the following purposes:
AB831,23 20Section 23 . 303.08 (2) of the statutes is amended to read:
AB831,11,321 303.08 (2) Unless such privilege is expressly granted by the court or, in the case
22of a person subject to a confinement sanction under s. 302.113 (8m) or 302.114 (8m)
23or 302.115, the department, the person is sentenced to ordinary confinement. A
24prisoner, other than a person subject to a confinement sanction under s. 302.113 (8m)
25or
302.114 (8m) or 302.115, may petition the court for such privilege at the time of

1sentence or thereafter, and in the discretion of the court may renew the prisoner's
2petition. The court may withdraw the privilege at any time by order entered with
3or without notice.
AB831,24 4Section 24 . 303.08 (5) (intro.) of the statutes is amended to read:
AB831,11,95 303.08 (5) (intro.) By order of the court or, for a person subject to a confinement
6sanction under s. 302.113 (8m) or 302.114 (8m) or 302.115, by order of the
7department, the wages, salary and unemployment insurance and employment
8training benefits received by prisoners shall be disbursed by the sheriff for the
9following purposes, in the order stated:
AB831,25 10Section 25 . 303.08 (6) of the statutes is amended to read:
AB831,11,1611 303.08 (6) The department, for a person subject to a confinement sanction
12under s. 302.113 (8m) or 302.114 (8m) or 302.115, or the sentencing court, by order,
13may authorize the sheriff to whom the prisoner is committed to arrange with another
14sheriff for the employment or employment training of the prisoner in the other's
15county, and while so employed or trained to be in the other's custody but in other
16respects to be and continue subject to the commitment.
AB831,26 17Section 26 . 303.08 (12) of the statutes is amended to read:
AB831,11,2218 303.08 (12) In counties having a house of correction, any person violating the
19privilege granted under sub. (1) may be transferred by the county jailer to the house
20of correction for the remainder of the term of the person's sentence or, if applicable,
21the remainder of the person's confinement sanction under s. 302.113 (8m) or 302.114
22(8m) or 302.115.
AB831,27 23Section 27 . 304.06 (3) of the statutes is amended to read:
AB831,11,2524 304.06 (3) (a) Every paroled prisoner remains in the legal custody of the
25department unless otherwise provided by the department.
AB831,12,5
1(b) If the department alleges that any condition or rule of parole has been
2violated by the prisoner, the department may take physical custody of the prisoner
3for the investigation of the alleged violation. If the department is satisfied that any
4condition or rule of parole has been violated it shall afford the prisoner such
5administrative hearings as are required by law.
AB831,12,9 6(c) Unless waived by the parolee, the final administrative hearing shall be held
7before a hearing examiner from the division of hearings and appeals in the
8department of administration who is licensed to practice law in this state. The
9hearing examiner shall enter an order revoking or not revoking parole under par. (g).
AB831,12,11 10(d) Upon request by either party, the administrator of the division of hearings
11and appeals in the department of administration shall review the order.
AB831,12,14 12(e) The hearing examiner may order that a deposition be taken by audiovisual
13means and allow the use of a recorded deposition under s. 967.04 (7) to (10) in a
14hearing under this subsection
.
AB831,12,16 15(f) If the parolee waives the final administrative hearing, the secretary of
16corrections
shall enter an order revoking or not revoking parole.
AB831,12,22 17(g) If the examiner, the administrator upon review, or the secretary in the case
18of a waiver finds that the prisoner has violated the rules or conditions of parole, the
19examiner, the administrator upon review, or the secretary in the case of a waiver,
20may order the prisoner returned to prison to continue serving his or her sentence, or
21to continue on parole. The hearing examiner, administrator, or secretary may not
22revoke parole under this subsection unless one of the following applies:
AB831,12,25 23(h) If the prisoner claims or appears to be indigent, the department shall refer
24the prisoner to the authority for indigency determinations specified under s. 977.07
25(1).
AB831,28
1Section 28. 304.06 (3) (g) 1. to 5. of the statutes are created to read:
AB831,13,32 304.06 (3) (g) 1. The person has committed 3 or more independent violations
3while released on parole.
AB831,13,54 2. The condition that the person violated was a condition that the person not
5contact any specified individual.
AB831,13,66 3. The person was required to register as a sex offender under s. 301.45.
AB831,13,87 4. When the person violated the condition of parole, the person also allegedly
8committed a crime.
AB831,13,99 5. The person absconded, as defined in s. 302.11 (7) (ag) 1.
AB831,29 10Section 29 . 304.06 (3g) of the statutes is repealed.
AB831,30 11Section 30. 808.075 (4) (g) 3. of the statutes is amended to read:
AB831,13,1312 808.075 (4) (g) 3. Imposition of sentence upon revocation of probation under s.
13973.10 (2) (a) (bm) 2. a.
AB831,31 14Section 31 . 950.04 (1v) (vg) of the statutes is amended to read:
AB831,13,1815 950.04 (1v) (vg) To have the department of corrections make a reasonable
16attempt to notify the victim, pursuant to s. 302.107, of a revocation of parole or of
17release to extended supervision under s. 302.11 (7), 302.113 (9), 302.114 (9), or 304.06
18(3) or (3g).
AB831,32 19Section 32. 973.10 (2) (intro.) of the statutes is renumbered 973.10 (2) (am)
20and amended to read:
AB831,14,321 973.10 (2) (am) If a probationer violates the conditions of probation, the
22department of corrections may initiate a proceeding before the division of hearings
23and appeals in the department of administration. Unless waived by the probationer,
24a hearing examiner for the division shall conduct an administrative hearing and
25enter an order either revoking or not revoking probation. Upon request of either

1party, the administrator of the division shall review the order. If the probationer
2waives the final administrative hearing, the secretary of corrections shall enter an
3order either revoking or not revoking probation.
AB831,14,4 4(bm) 2. If probation is revoked, the department shall do one of the following:
AB831,33 5Section 33. 973.10 (2) (a) and (b) of the statutes are renumbered 973.10 (2)
6(bm) 2. a. and b.
Loading...
Loading...