LRB-0351/1
BF:jrd:kaf
1995 - 1996 LEGISLATURE
March 17, 1995 - Introduced by Representatives Goetsch, Ziegelbauer,
Ainsworth, Porter, Hahn, Owens, Gard, Musser, Dobyns, Ladwig, Seratti,
Albers and Skindrud, cosponsored by Senators Drzewiecki and Darling.
Referred to Committee on Criminal Justice and Corrections.
AB209,1,2
1An Act to amend 973.09 (1) (a); and
to create 973.10 (5) of the statutes;
relating
2to: probation.
Analysis by the Legislative Reference Bureau
Under current law, for most criminal offenses, a sentencing court may place the
person on probation and set reasonable and appropriate conditions of probation.
Recent appellate court decisions have held that a person may refuse to accept
probation. This bill provides that a criminal defendant may not reject probation or
a probation condition, except that conditions relating to community service are still
subject to the defendant's agreement. The bill also specifies that a probationer has
no right to revoke probation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB209, s. 1
3Section
1. 973.09 (1) (a) of the statutes is amended to read:
AB209,2,54
973.09
(1) (a) Except as provided in par. (c) or if probation is prohibited for a
5particular offense by statute, if a person is convicted of a crime, the court, by order,
6may withhold sentence or impose sentence under s. 973.15 and stay its execution,
7and in either case place the person on probation to the department for a stated period,
8stating in the order the reasons therefor. The court may impose any conditions
which 9that appear to be reasonable and appropriate.
Except as provided in sub. (7m) (a),
1the person may not reject probation or any condition of probation. The period of
2probation may be made consecutive to a sentence on a different charge, whether
3imposed at the same time or previously. If the court imposes an increased term of
4probation, as authorized under sub. (2) (a) 2. or (b) 2., it shall place its reasons for
5doing so on the record.
AB209, s. 2
6Section
2. 973.10 (5) of the statutes is created to read:
AB209,2,87
973.10
(5) The probationer may not voluntarily revoke probation or initiate a
8proceeding under sub. (2).
AB209,2,11
10(1) This act first applies to offenses committed on the effective date of this
11subsection.
