LRB-0448/1
CMH:kjf
2017 - 2018 LEGISLATURE
February 21, 2017 - Introduced by Senators Vukmir, Craig, Feyen, Nass and
Stroebel, cosponsored by Representatives Sanfelippo, Kleefisch, Jacque,
Horlacher, Murphy, Duchow, Tusler, Gannon, Knodl, Ott, Kremer, Tittl,
Spiros, Skowronski and Allen. Referred to Committee on Judiciary and
Public Safety.
SB54,1,3 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 parole,
3probation, and extended supervision if a person is charged with a crime.
Analysis by the Legislative Reference Bureau
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 extended supervision, parole, or probation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB54,1 4Section 1. 302.113 (8m) (a) of the statutes is amended to read:
SB54,2,25 302.113 (8m) (a) Every person released to extended supervision under this
6section remains in the legal custody of the department. If the department alleges
7that any condition or rule of extended supervision has been violated by the person,
8the department may take physical custody of the person for the investigation of the

1alleged violation. If the person is charged with a crime, the department shall
2recommend that the person's extended supervision be revoked.
SB54,2 3Section 2. 302.114 (8m) (a) of the statutes is amended to read:
SB54,2,94 302.114 (8m) (a) Every person released to extended supervision under this
5section remains in the legal custody of the department. If the department alleges
6that any condition or rule of extended supervision has been violated by the person,
7the department may take physical custody of the person for the investigation of the
8alleged violation. If the person is charged with a crime, the department shall
9recommend that the person's extended supervision be revoked.
SB54,3 10Section 3. 304.06 (3) of the statutes is amended to read:
SB54,3,811 304.06 (3) Every paroled prisoner remains in the legal custody of the
12department unless otherwise provided by the department. If the department alleges
13that any condition or rule of parole has been violated by the prisoner, the department
14may take physical custody of the prisoner for the investigation of the alleged
15violation. If the department is satisfied that any condition or rule of parole has been
16violated it shall afford the prisoner such administrative hearings as are required by
17law. If the person is charged with a crime, the department shall recommend that the
18person's parole be revoked.
Unless waived by the parolee, the final administrative
19hearing shall be held before a hearing examiner from the division of hearings and
20appeals in the department of administration who is licensed to practice law in this
21state. The hearing examiner shall enter an order revoking or not revoking parole.
22Upon request by either party, the administrator of the division of hearings and
23appeals shall review the order. The hearing examiner may order that a deposition
24be taken by audiovisual means and allow the use of a recorded deposition under s.
25967.04 (7) to (10). If the parolee waives the final administrative hearing, the

1secretary of corrections shall enter an order revoking or not revoking parole. If the
2examiner, the administrator upon review, or the secretary in the case of a waiver
3finds that the prisoner has violated the rules or conditions of parole, the examiner,
4the administrator upon review, or the secretary in the case of a waiver, may order the
5prisoner returned to prison to continue serving his or her sentence, or to continue on
6parole. If the prisoner claims or appears to be indigent, the department shall refer
7the prisoner to the authority for indigency determinations specified under s. 977.07
8(1).
SB54,4 9Section 4. 973.10 (2) (intro.) of the statutes is amended to read:
SB54,3,1910 973.10 (2) (intro.) If a probationer violates the conditions of probation, the
11department of corrections may initiate a proceeding before the division of hearings
12and appeals in the department of administration. If the person is charged with a
13crime, the department shall recommend that the person's probation be revoked.

14Unless waived by the probationer, a hearing examiner for the division shall conduct
15an administrative hearing and enter an order either revoking or not revoking
16probation. Upon request of either party, the administrator of the division shall
17review the order. If the probationer waives the final administrative hearing, the
18secretary of corrections shall enter an order either revoking or not revoking
19probation. If probation is revoked, the department shall:
SB54,5 20Section 5. Initial applicability.
SB54,3,2221 (1) This act first applies to charges that are filed on the effective date of this
22subsection.
SB54,3,2323 (End)
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