Beginning on January 1, 1996, the department shall charge a fee to probationers and parolees to partially reimburse the department for the costs of providing supervision and services. The department shall set varying rates for probationers and parolees based on ability to pay and with the goal of receiving at least $1 per day, if appropriate, from each probationer and parolee. The department shall not charge a fee while the probationer or parolee is exempt under sub. (3)
. The department shall collect moneys for the fees charged under this subsection and credit those moneys to the appropriation account under s. 20.410 (1) (gf)
The department may decide not to charge a fee under sub. (2)
to any probationer or parolee while he or she meets any of the following conditions:
Is pursuing a full-time course of instruction approved by the department.
Is undergoing treatment approved by the department and is unable to work.
Has a statement from a physician certifying to the department that the probationer or parolee should be excused from working for medical reasons.
The fee under sub. (2)
does not apply to any probationer or parolee who is under minimum or administrative supervision.
The department shall promulgate rules setting rates under sub. (2)
and providing the procedure and timing for collecting fees charged under sub. (2)
History: 1995 a. 27
Probationer and parolee loan fund.
The department shall create a revolving fund out of any moneys in its hands belonging to probationers and parolees who absconded, or whose whereabouts are unknown. The fund shall be used to defray the expenses of clothing, transportation, maintenance and other necessities for probationers and parolees who are without means to secure those necessities. All payments made from the fund shall be repaid by probationers or parolees for whose benefit they are made whenever possible; and any moneys belonging to them so paid into the revolving fund shall be repaid to them in accordance with law, in case a claim therefor is filed with the department upon showing the legal right of the claimant to such money.
History: 1977 c. 29
; 1989 a. 31
; Stats. 1989 s. 304.075.
Civil rights restored to convicted persons satisfying sentence.
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.
History: 1987 a. 226
; 1989 a. 31
; Stats. 1989 s. 304.078.
Restoration of civil rights is not a "pardon" for the purposes of liquor and cigarette license statutes. 60 Atty. Gen. 452.
A person convicted of a crime may vote if he has satisfied his sentence. 61 Atty. Gen. 260.
See note to art. XIII, sec. 3, citing 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. U.S. 977 F (2d) 375 (1992).
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
; Stats. 1989 s. 304.08.
Executive clemency in Wisconsin. Bauer, 1973 WLR 1154.
Notice of pardon application. 304.09(1)(a)
"Member of the family" means spouse, child, sibling, parent or legal guardian.
"Victim" means a person against whom a crime has been committed.
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:
The judge who participated in the trial of the convict.
The district attorney who participated in the trial of the convict.
The victim or, if the victim is dead, an adult member of the victim's family.
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 the governor shall serve notice on the person under sub. (2) (c)
. Each such notice shall be served 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
; Stats. 1989 s. 304.09.
Pardon application papers; victim's statement. 304.10(1)(1)
An application for pardon shall be accompanied by the following papers:
Notice of application and acknowledgments or affidavits showing due service and affidavits showing due publication and posting whenever required;
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;
A full sworn statement by the applicant of all facts and reasons upon which the application is based;
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;
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.
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.
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
; Stats. 1989 s. 304.10; 1991 a. 269
; 1995 a. 224
Conditional pardon; enforcement. 304.11(1)
In case a pardon is granted upon conditions the governor may issue a warrant to carry the conditions into effect.
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.
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) (a)
. 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
; Stats. 1989 s. 304.11; 1991 a. 316
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
; Stats. 1989 s. 304.115.
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
; Stats. 1989 s. 304.12; 1991 a. 316
Uniform act for out-of-state parolee supervision; state compacts.
The governor of this state is authorized and directed to enter into a compact on behalf of this state with any state of the United States legally joining therein in the form substantially as follows:
Entered into by and among the contracting states, signatories hereto, with the consent of the congress of the United States of America, granted by an act entitled "An act granting the consent of congress to any two or more states to enter into agreements or compacts for cooperative effort and mutual assistance in the prevention of crime and for other purposes".
The contracting states solemnly agree:
That it shall be competent for the duly constituted judicial and administrative authorities of a sending state to permit any person convicted of an offense within the sending state and placed on probation or released on parole to reside in any receiving state while on probation or parole, if:
Such person is in fact a resident of or has family residing within the receiving state and can obtain employment there; or
Though not a resident of the receiving state and not having family residing there, the receiving state consents to such person being sent there.
Before granting such permission, opportunity shall be granted to the receiving state to investigate the home and prospective employment of such person.
A resident of the receiving state, within the meaning of this section, is one who has been an actual inhabitant of such state continuously for more than one year prior to coming to the sending state and has not resided within the sending state more than 6 continuous months immediately preceding the commission of the offense for which that person has been convicted.
That each receiving state will assume the duties of visitation of and supervision over probationers or parolees of any sending state and in the exercise of those duties will be governed by the same standards that prevail for its own probationers and parolees.
That the duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any person on probation or parole. For that purpose no formalities will be required other than establishing the authority of the officer and the identity of the person to be retaken. All legal requirements to obtain extradition of fugitives from justice are expressly waived on the part of states party hereto, as to such persons. The decision of the sending state to retake a person on probation or parole shall be conclusive upon and not reviewable within the receiving state; provided, however, that if at the time when a state seeks to retake a probationer or parolee there should be pending against that person within the receiving state any criminal charge, or that person should be suspected of having committed within such state a criminal offense, that person shall not be retaken without the consent of the receiving state until discharged from prosecution or from imprisonment for such offense.
That the duly accredited officers of the sending state will be permitted to transport prisoners being retaken through any and all such states parties to this compact, without interference.
That the governor of each state may designate an officer who, acting jointly with like officers of other contracting states, if and when appointed, shall promulgate such rules and regulations as may be deemed necessary to more effectively carry out the terms of this compact.
That this compact shall become operative immediately upon its ratification by any state as between it and any other state or states so ratifying. When ratified it shall have the full force and effect of law within such state, the form of ratification to be in accordance with the laws of the ratifying state.
That this compact shall continue in force and remain binding upon such ratifying state until renounced by it. The duties and obligations hereunder of a renouncing state shall continue as to parolees or probationers residing therein at the time of withdrawal or until finally discharged by the sending state. Renunciation of this compact shall be by the same authority which ratified it, by sending 6 months' notice in writing of its intention to withdraw the compact to the other states party thereto.
"Receiving state" means a party to this compact other than a sending state.
"Sending state" means a party to this compact permitting its probationers and parolees to reside in a receiving state.
This section may be cited as the "Uniform Act for Out-of-State Parolee Supervision".
History: 1979 c. 89
; 1983 a. 189
; 1989 a. 31
; Stats. 1989 s. 304.13; 1991 a. 316
Cross-reference: See Appendix for a list of states which have ratified this compact.
See note to art. I, sec. 1, citing State ex rel. Niederer v. Cady, 72 W (2d) 311, 240 NW (2d) 626.
See note to 976.03, citing State ex rel. Reddin v. Meekma, 99 W (2d) 56, 298 NW (2d) 192 (Ct. App. 1980). Aff'd, 102 W (2d) 358, 306 NW (2d) 664 (1981).
Preapproval of an interstate probation transfer is contemplated by this provision, but where the probationer has consented to the transfer of probation supervision to Wisconsin compliance with the statute was not required. State v. Martinez, 198 W (2d) 222, 542 NW (2d) 215 (Ct. App. 1995).
Probationer, like a parolee, is entitled to a preliminary and a final revocation hearing. Gagnon v. Scarpelli, 411 US 778.
Out-of-state parolee supervision without compact.
The department may permit any person convicted of an offense within this state and placed on probation or released on parole to reside in any other state not a party to the compact authorized by s. 304.13
whenever the authorities of the receiving state agree to assume the duties of visitation of and supervision over the probationer or parolee, governed by the same standards that prevail for its own probationers and parolees, on the same terms as are provided in s. 304.13 (1)
in the case of states signatory to the compact. Before permitting any probationer or parolee to leave this state under this section, 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 like manner, receive for supervision probationers and parolees convicted in states not signatory to the compact, and shall have the same custody and control of those persons as it has over probationers and parolees of this state.
History: 1989 a. 31
; Stats. 1989 s. 304.135.
Probation order to spend 3 years in India doing charitable work exceeded trial court's authority. State v. Dean, 102 W (2d) 300, 306 NW (2d) 286 (Ct. App. 1981).
Determination concerning submission of human biological specimen.
If the department accepts supervision of a probationer or parolee from another state under s. 304.13
, the department shall determine whether the violation of law for which the person is on probation or parole is comparable to a violation of s. 940.225 (1)
, 948.02 (1)
. If the department determines that a person on probation or parole from another state violated a law that is comparable to a violation of s. 940.225 (1)
, 948.02 (1)
, the department shall direct the probationer or parolee to provide a biological specimen under s. 165.76
History: 1995 a. 440
Cooperative return of parole 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 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
; Stats. 1989 s. 304.14; 1991 a. 316
Nonapplicability of chapter.
This chapter does not apply to a person who is subject to an order under s. 48.366
History: 1987 a. 27
; 1989 a. 31
; Stats. 1989 s. 304.15.