February 28, 2025 - Introduced by Representatives B. Jacobson, Donovan, Duchow, Maxey, Murphy, Penterman, Wichgers and Knodl, cosponsored by Senators Hutton, Bradley, Jacque, Nass, Tomczyk, James and Wanggaard. Referred to Committee on Judiciary.
AB85,1,3
1An Act to amend 302.113 (8m) (a), 302.114 (8m) (a), 304.06 (3) and 973.10 (2) 2(intro.) of the statutes; relating to: recommendation to revoke extended
3supervision, parole, or probation if a person is charged with a crime. Analysis by the Legislative Reference Bureau
Under current law, a person who is released on extended supervision, parole, or probation is subject to conditions or rules of the release. If the person violates a condition or rule, the person is subject to sanctions for the violation, which may include revocation of release. This bill requires the Department of Corrections to recommend revoking a person’s extended supervision, parole, or probation if the person is charged with a crime while on release.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB85,14Section 1. 302.113 (8m) (a) of the statutes is amended to read: AB85,2,55302.113 (8m) (a) Every person released to extended supervision under this
1section remains in the legal custody of the department. If the department alleges 2that any condition or rule of extended supervision has been violated by the person, 3the department may take physical custody of the person for the investigation of the 4alleged violation. If the person is charged with a crime, the department shall 5recommend that the person’s extended supervision be revoked. AB85,26Section 2. 302.114 (8m) (a) of the statutes is amended to read: AB85,2,127302.114 (8m) (a) Every person released to extended supervision under this 8section remains in the legal custody of the department. If the department alleges 9that any condition or rule of extended supervision has been violated by the person, 10the department may take physical custody of the person for the investigation of the 11alleged violation. If the person is charged with a crime, the department shall 12recommend that the person’s extended supervision be revoked. AB85,313Section 3. 304.06 (3) of the statutes is amended to read: AB85,3,1314304.06 (3) Every paroled prisoner remains in the legal custody of the 15department unless otherwise provided by the department. If the department 16alleges that any condition or rule of parole has been violated by the prisoner, the 17department may take physical custody of the prisoner for the investigation of the 18alleged violation. If the department is satisfied that any condition or rule of parole 19has been violated, it shall afford the prisoner such administrative hearings as are 20required by law. If the prisoner is charged with a crime, the department shall 21recommend that the prisoner’s parole be revoked. Unless waived by the parolee, the 22final administrative hearing shall be held before a hearing examiner from the 23division of hearings and appeals in the department of administration who is
1licensed to practice law in this state. The hearing examiner shall enter an order 2revoking or not revoking parole. Upon request by either party, the administrator of 3the division of hearings and appeals shall review the order. The hearing examiner 4may order that a deposition be taken by audiovisual means and allow the use of a 5recorded deposition under s. 967.04 (7) to (10). If the parolee waives the final 6administrative hearing, the secretary of corrections shall enter an order revoking or 7not revoking parole. If the examiner, the administrator upon review, or the 8secretary in the case of a waiver finds that the prisoner has violated the rules or 9conditions of parole, the examiner, the administrator upon review, or the secretary 10in the case of a waiver, may order the prisoner returned to prison to continue 11serving his or her sentence, or to continue on parole. If the prisoner claims or 12appears to be indigent, the department shall refer the prisoner to the authority for 13indigency determinations specified under s. 977.07 (1). AB85,414Section 4. 973.10 (2) (intro.) of the statutes is amended to read: AB85,4,215973.10 (2) (intro.) If a probationer violates the conditions of probation, the 16department of corrections may initiate a proceeding before the division of hearings 17and appeals in the department of administration. If the probationer is charged 18with a crime, the department shall recommend that the person’s probation be 19revoked. Unless waived by the probationer, a hearing examiner for the division 20shall conduct an administrative hearing and enter an order either revoking or not 21revoking probation. Upon request of either party, the administrator of the division 22shall review the order. If the probationer waives the final administrative hearing,
1the secretary of corrections shall enter an order either revoking or not revoking 2probation. If probation is revoked, the department shall: AB85,53Section 5. Initial applicability. AB85,4,64(1) The treatment of ss. 302.113 (8m) (a), 302.114 (8m) (a), 304.06 (3), and 5973.10 (2) (intro.) first applies to charges that are filed on the effective date of this 6subsection.
