Chapter 304

CHAPTER 304

PAROLES AND PARDONS

304.01   Parole commission and commission chairperson; general duties.

304.02   Special action parole release.

304.06   Paroles from state prisons and house of correction.

304.062   Ordering parolees and persons on extended supervision to perform community service work.

304.063   Notification prior to release on extended supervision or parole.

304.065   Offender release information.

304.071   Military parole.

304.072   Period of probation, extended supervision or parole tolled.

304.074   Reimbursement fee for persons on probation, parole, and extended supervision.

304.078   Restoration of civil rights of convicted persons.

304.08   Applications for pardon; regulations.

304.09   Notice of pardon application.

304.10   Pardon application papers; victim’s statement.

304.11   Conditional pardon; enforcement.

304.115   Emergency removal.

304.12   Execution and record of warrants.

304.13   Uniform act for out-of-state parolee supervision; state compacts.

304.135   Out-of-state supervision of parolees and persons on extended supervision without compact.

304.137   Determination concerning submission of human biological specimen.

304.14   Cooperative return of parole, extended supervision and probation violators.

304.16   Interstate compact for adult offender supervision.

Ch. 304 Cross-reference Cross-reference: See definitions in s. 301.01.

Ch. 304 Cross-reference Cross-reference: See also chs. DOC 328 and PAC 1, Wis. adm. code.

304.01 304.01 Parole commission and commission chairperson; general duties.

304.01(1) (1) The chairperson of the parole commission shall administer and supervise the commission and its activities and shall be the final parole-granting authority, except as provided in s. 304.02.

304.01(2) (2) The parole commission shall conduct regularly scheduled interviews to consider the parole of eligible inmates of the adult correctional institutions under the control of the department of corrections, eligible inmates transferred under ch. 51 and under the control of the department of health services and eligible inmates in any county house of correction. The department of corrections shall provide all of the following to the parole commission:

304.01(2)(a) (a) Records relating to inmates which are in the custody of the department and are necessary to the conduct of the commission’s responsibilities.

304.01(2)(b) (b) Scheduling assistance for parole interviews at the correctional institutions.

304.01(2)(c) (c) Clerical support related to the parole interviews.

304.01(2)(d) (d) Appropriate physical space at the correctional institutions to conduct the parole interviews.

304.01(3) (3) The department shall post on the department’s public Internet site the individuals granted parole, denied parole, and returned to prison following the revocation of parole. The department shall post aggregate numbers that identify monthly totals and yearly totals. The yearly totals shall be presented by the crime for which the individual was convicted; the sex, race, and age of the individual; and the locality in which the individual was convicted.

304.01(4) (4) Any guidance documents that the parole commission uses to guide parole decisions shall be posted on the department’s public Internet site.

304.01 History History: 1989 a. 31; 1995 a. 27 s. 9126 (19); 2007 a. 20 s. 9121 (6) (a); 2009 a. 28; 2011 a. 38; 2023 a. 31.

304.02 304.02 Special action parole release.

304.02(1) (1) The department shall use a special action release program to relieve crowding in state prisons by releasing certain prisoners to parole supervision using a procedure other than mandatory release under s. 302.11 or release under s. 304.06 (1) (b).

304.02(1m) (1m) A person who is serving a sentence for a crime specified in s. 941.29 (1g) (a); a crime specified in s. 941.29 (1g) (b), not including s. 951.02, 951.08, 951.09, or 951.095; or a crime under s. 948.02 (3), 948.055, 948.075, or 948.095 is not eligible for special action release under this section.

304.02(2) (2) The department shall promulgate rules for the special action release program, including eligibility criteria, procedures for the secretary to decide whether to grant a prisoner a special action release to parole supervision, procedures for notifying persons, offices or agencies under s. 304.06 (1) (c) and (g) of releases, and conditions of release. If applicable, the department shall also comply with s. 304.063.

304.02(2m) (2m) A person released under this section, his or her residence, and any property under his or her control may be searched by a law enforcement officer at any time during his or her period of supervision if the officer reasonably suspects that the person is committing, is about to commit, or has committed a crime or a violation of a condition of parole. Any search conducted pursuant to this subsection shall be conducted in a reasonable manner and may not be arbitrary, capricious, or harassing. A law enforcement officer who conducts a search pursuant to this subsection shall, as soon as practicable after the search, notify the department.

304.02(3) (3) Notwithstanding any eligibility criteria prescribed by department rule, a prisoner is eligible for special action release to parole supervision without meeting the eligibility criteria if all of the following conditions are met:

304.02(3)(a) (a) The prisoner population equals or exceeds the statewide prisoner population limit promulgated by rule under s. 301.055.

304.02(3)(b) (b) The prisoner is not currently incarcerated regarding a felony conviction for an assaultive crime.

304.02(3)(c) (c) The institution social worker or the probation, extended supervision and parole agent of record has reason to believe the prisoner will be able to maintain himself or herself in society without engaging in assaultive activity.

304.02(3)(d) (d) The inmate is not granted a special action release more than 18 months before his or her expected release date under s. 302.11.

304.02(3)(e) (e) The prisoner is eligible for release under s. 304.06 (1) (b).

304.02(4) (4) If a person is sentenced under s. 973.032, he or she is eligible for a release to parole supervision under this section and remains in the intensive sanctions program unless discharged by the department under s. 301.048 (6) (a).

304.02(4m) (4m) A prisoner paroled under this section is subject to the restriction under s. 304.06 (2m), if applicable, relating to the counties to which prisoners may be paroled.

304.02(5) (5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life sentence under s. 939.62 (2m) (c) or 973.014 (1) (c) or (1g) is not eligible for release to parole supervision under this section.

304.02(6) (6) Notwithstanding subs. (1) to (3), a prisoner is not eligible for release to parole supervision under this section if he or she is serving a bifurcated sentence under s. 973.01.

304.02 History History: 1989 a. 31, 336; 1991 a. 39; 1993 a. 16, 79, 97, 289; 1995 a. 48; 1997 a. 275, 283, 326; 1999 a. 32; 2013 a. 79; 2021 a. 227.

304.02 Annotation Discussing searches under 2013 Wis. Act 79’s reasonable suspicion standard. State v. Anderson, 2019 WI 97, 389 Wis. 2d 106, 935 N.W.2d 285, 17-1104.

304.06 304.06 Paroles from state prisons and house of correction.

304.06(1) (1) 

304.06(1)(a) (a) In this subsection:

304.06(1)(a)1. 1. “Member of the family” means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.

304.06(1)(a)2. 2. “Victim” means a person against whom a crime has been committed.

304.06(1)(b) (b) Except as provided in s. 961.49 (2), 1999 stats., sub. (1m) or s. 302.045 (3), 302.05 (3) (b), 973.01 (6), or 973.0135, the parole commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25 percent of the sentence imposed for the offense, or 6 months, whichever is greater. Except as provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g) or (2), the parole commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension under s. 302.11 (1q) and (2), if applicable. The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department’s custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing.