LRB-2469/2
PJH:wlj:ph
2011 - 2012 LEGISLATURE
September 29, 2011 - Introduced by Representatives Thiesfeldt, Spanbauer, A.
Ott, Brooks, Ballweg and Endsley, cosponsored by Senator Olsen. Referred
to Committee on Judiciary and Ethics.
AB284,1,2
1An Act to create 973.09 (1d) of the statutes;
relating to: eliminating the right
2to refuse probation.
Analysis by the Legislative Reference Bureau
Under current law, when a person is convicted of committing a crime, except for
certain serious crimes, the sentencing judge may withhold the person's sentence or
impose a sentence but stay its execution and place the person on probation for a
stated period. When a court places a person on probation, the judge may require the
person to comply with conditions of probation that are reasonable and appropriate
to the person's needs for punishment or rehabilitation, such as alcohol or other drug
treatment or paying restitution. Under current law, if the court orders as a condition
of probation that a person perform community service at a public agency or
charitable organization, the person and the agency or organization must agree to the
terms of performing community service. In State v. Migliorino, 150 Wis. 2d 513, 442
N.W. 2d (1989), the Wisconsin Supreme Court held that a person has the right to
refuse to be put on probation and opt instead for imprisonment.
Under this bill, a person may not refuse to be put on probation and may not
refuse any condition of probation, except that the bill does not change the
requirement that the person and the public agency or charitable organization agree
to the terms of the person's performance of community service at the agency or
organization.
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:
AB284, s. 1
1Section
1. 973.09 (1d) of the statutes is created to read:
AB284,2,32
973.09
(1d) No person may refuse to be placed on probation or, except as
3provided in sub. (7m), reject a condition of probation.
