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).

AB831,10,125 302.33 (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.

AB831,10,1914 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:

AB831,11,321 303.08 (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.

AB831,11,95 303.08 (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:

AB831,11,1611 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.