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2013 - 2014 LEGISLATURE
January 31, 2014 - Introduced by Representatives Nygren, Ballweg, Bies, Czaja,
Endsley, Kleefisch, Knodl, Knudson, Kooyenga, Krug, T. Larson,
LeMahieu, Marklein, Murphy, A. Ott, Petersen, Petryk, Swearingen,
Tranel, Billings, Goyke, Hebl, Kahl, Pasch, Richards, Ringhand and
Zamarripa, cosponsored by Senators Harsdorf, Darling, L. Taylor, Cowles,
Gudex, Olsen, Carpenter, Schultz and Grothman. Referred to Committee on
Corrections.
AB702,1,5 1An Act to renumber and amend 301.03 (3); to amend 301.068 (5); and to
2create
301.03 (3) (a), (b) and (c), 304.06 (3g), 971.375 and 973.10 (2s) of the
3statutes; relating to: development of a system of short-term sanctions for
4individuals who violate conditions of extended supervision, parole, probation,
5or a deferred prosecution agreement and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, if an individual who is on probation, extended supervision,
or parole (release) violates a condition of that release, the person is subject to
sanctions including incarceration. This bill requires the Department of Corrections
(DOC) to develop a system of short-term sanctions for violations of conditions of
release and permits the sanctions to be imposed on the individual. This bill also
allows a district attorney to use the short-term sanctions system for violations of a
deferred prosecution agreement. The short-term sanctions system must provide a
list of sanctions for the most common violations. In developing the system DOC must
account for the objective to be accomplished by imposing the sanction and consider
the level of intensity necessary to achieve the objective; protect the public, correct the
offender's behavior, and hold the offender accountable; determine when revocation
is the required response; provide flexibility in imposing sanctions but also provide
offenders with clear and immediate consequences for violations; provide examples
of high, medium, and low level sanctions and what factors to consider when
determining which level of sanction to apply; determine how to reward compliance;

and ensure that efforts to minimize the impact on an offender's employment and
family are made when applying sanctions. Finally, this bill requires DOC to perform
reviews of sanctions imposed in order to assess disparities among sanctions, to
evaluate the effectiveness of sanctions, and to monitor the impact of sanctions on the
number and type of revocations for violations.
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:
AB702,1 1Section 1. 301.03 (3) of the statutes is renumbered 301.03 (3) (intro.) and
2amended to read:
AB702,2,133 301.03 (3) (intro.) Administer parole, extended supervision, and probation
4matters, except that the decision to grant or deny parole to inmates shall be made
5by the parole commission and the decision to revoke probation, extended
6supervision, or parole, in cases in which there is no waiver of the right to a hearing,
7shall be made by the division of hearings and appeals in the department of
8administration. The secretary may grant special action parole releases under s.
9304.02. The department shall promulgate rules establishing a drug testing program
10for probationers, parolees and persons placed on extended supervision. The rules
11shall provide for assessment of fees upon probationers, parolees and persons placed
12on extended supervision to partially offset the costs of the program.
to do all of the
13following:
AB702,2 14Section 2. 301.03 (3) (a), (b) and (c) of the statutes are created to read:
AB702,2,1815 301.03 (3) (a) Develop a system of short-term sanctions for violations of
16conditions of parole, probation, extended supervision, and deferred prosecution
17agreements that sets forth a list of sanctions to be imposed for the most common
18violations.
AB702,3,2
1(b) Ensure that the system of short-term sanctions developed under par. (a)
2does all of the following:
AB702,3,53 1. Takes into account the objective to be accomplished by imposing the sanction,
4considers the level of intensity necessary to achieve the objective, and considers the
5extent to which sanction imposition is likely to accomplish the objective.
AB702,3,76 2. Takes into account the goals of protecting the public, correcting the offender's
7behavior, and holding the offender accountable.
AB702,3,88 3. Determines when revocation is the required response to the violation.
AB702,3,109 4. Provides flexibility in imposing sanctions but also provides offenders with
10clear and immediate consequences for violations.
AB702,3,1211 5. Provides examples of high, medium, and low level sanctions and what factors
12to consider when determining which level of sanction to apply.
AB702,3,1413 6. Determines how to reward offenders for compliance with conditions of
14parole, of probation, of extended supervision, or of the agreement.
AB702,3,1615 7. Ensures that efforts to minimize the impact on an offender's employment are
16made when applying sanctions.
AB702,3,1817 8. Ensures that efforts to minimize the impact on an offender's family are made
18when applying the sanctions.
AB702,3,2119 (c) Perform reviews of sanctions imposed under the system to assess disparities
20among sanctions, to evaluate the effectiveness of sanctions, and to monitor the
21impact of sanctions on the number and type of revocations for violations.
AB702,3 22Section 3. 301.068 (5) of the statutes is amended to read:
AB702,4,623 301.068 (5) The department shall provide to probation, extended supervision,
24and parole agents training and skill development in reducing offenders' risk of
25reoffending and intervention techniques and shall by rule set forth requirements for

1the training and skill development. The department shall develop policies to guide
2probation, extended supervision, and parole agents in the supervision and
3revocation of offenders on probation, extended supervision, and parole and develop
4practices regarding alternatives to revocation of probation, extended supervision, or
5parole. To the extent practicable, the department shall incorporate the practices into
6the system developed under s. 301.03 (3) (a).
AB702,4 7Section 4. 304.06 (3g) of the statutes is created to read:
AB702,4,158 304.06 (3g) If a paroled prisoner signs a statement admitting a violation of a
9condition or rule of parole, the department may, as a sanction for the violation,
10confine the prisoner for up to 90 days in a regional detention facility or, with the
11approval of the sheriff, in a county jail. If the department confines the prisoner in
12a county jail under this subsection, the department shall reimburse the county for
13its actual costs in confining the prisoner from the appropriations under s. 20.410 (1)
14(ab) and (b). Notwithstanding s. 302.43, the prisoner is not eligible to earn good time
15credit on any period of confinement imposed under this subsection.
AB702,5 16Section 5. 971.375 of the statutes is created to read:
AB702,4,20 17971.375 Deferred prosecution agreements; sanctions. The district
18attorney may subject a defendant to sanctions as provided in the system developed
19under s. 301.03 (3) (a) if the defendant violates a condition of a deferred prosecution
20agreement.
AB702,6 21Section 6. 973.10 (2s) of the statutes is created to read:
AB702,5,322 973.10 (2s) If a probationer signs a statement admitting a violation of a
23condition or rule of probation, the department may, as a sanction for the violation,
24confine the probationer for up to 90 days in a regional detention facility or, with the
25approval of the sheriff, in a county jail. If the department confines the probationer

1in a county jail under this subsection, the department shall reimburse the county for
2its actual costs in confining the probationer from the appropriations under s. 20.410
3(1) (ab) and (b).
AB702,7 4Section 7. Initial applicability.
AB702,5,65 (1) This act first applies to violations occurring on the effective date of this
6subsection.
AB702,5,77 (End)
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