AB906,1,5 1An Act to amend 301.03 (3) (b) 3., 302.11 (7) (am), 302.113 (9) (am), 302.114 (9)
2(am), 304.06 (3), 973.09 (3) (b), 973.09 (3) (bg) 1. and 973.09 (3) (bm) 2.; and to
3create
304.074 (4g) and 973.20 (1v) of the statutes; relating to: prohibiting
4revocation of probation, extended supervision, or parole for failure to pay
5restitution or certain fees.
Analysis by the Legislative Reference Bureau
Under current law, a person who is placed on probation or who is released from
confinement in prison to parole or to extended supervision may be required, as a
condition of his or her release, to pay a fee to the Department of Corrections (DOC)
intended to partially reimburse DOC for the costs of providing supervision and
services (supervision fee). Additionally, a person who is convicted of a crime may be
required to pay restitution to the victim of his or her crime. Payment of restitution
may be a condition of probation or of release to probation or extended supervision.
Under current law, if a person violates a condition of probation or release to
parole or extended supervision, his or her period of extension may be modified,
extended, or revoked, and his or her release to parole or extended supervision may
be revoked.
Under this bill, a person may not have his or her probation or release to parole
or extended supervision revoked solely because he or she fails to pay a supervision
fee or restitution.

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:
AB906,1 1Section 1. 301.03 (3) (b) 3. of the statutes is amended to read:
AB906,2,32 301.03 (3) (b) 3. Determines Subject to ss. 304.074 (4g) and 973.20 (1v),
3determines
when revocation is the required response to the violation.
AB906,2 4Section 2. 302.11 (7) (am) of the statutes is amended to read:
AB906,2,105 302.11 (7) (am) The Subject to ss. 304.074 (4g) and 973.20 (1v), the reviewing
6authority may return a parolee released under sub. (1) or (1g) (b) or s. 304.02 or
7304.06 (1) to prison for a period up to the remainder of the sentence for a violation
8of the conditions of parole. The remainder of the sentence is the entire sentence, less
9time served in custody prior to parole. The revocation order shall provide the parolee
10with credit in accordance with ss. 304.072 and 973.155.
AB906,3 11Section 3. 302.113 (9) (am) of the statutes is amended to read:
AB906,3,212 302.113 (9) (am) If Subject to ss. 304.074 (4g) and 973.20 (1v), if a person
13released to extended supervision under this section violates a condition of extended
14supervision, the reviewing authority may revoke the extended supervision of the
15person. If the extended supervision of the person is revoked, the reviewing authority
16shall order the person to be returned to prison for any specified period of time that
17does not exceed the time remaining on the bifurcated sentence. The time remaining
18on the bifurcated sentence is the total length of the bifurcated sentence, less time
19served by the person in confinement under the sentence before release to extended
20supervision under sub. (2) and less all time served in confinement for previous
21revocations of extended supervision under the sentence. The order returning a

1person to prison under this paragraph shall provide the person whose extended
2supervision was revoked with credit in accordance with ss. 304.072 and 973.155.
AB906,4 3Section 4. 302.114 (9) (am) of the statutes is amended to read:
AB906,3,134 302.114 (9) (am) If Subject to ss. 304.074 (4g) and 973.20 (1v), if a person
5released to extended supervision under this section violates a condition of extended
6supervision, the reviewing authority may revoke the extended supervision of the
7person. If the extended supervision of the person is revoked, the person shall be
8returned to the circuit court for the county in which the person was convicted of the
9offense for which he or she was on extended supervision, and the court shall order
10the person to be returned to prison for a specified period of time before he or she is
11eligible for being released again to extended supervision. The period of time specified
12under this paragraph may not be less than 5 years and may be extended in
13accordance with sub. (3).
AB906,5 14Section 5. 304.06 (3) of the statutes is amended to read:
AB906,4,1315 304.06 (3) Every paroled prisoner remains in the legal custody of the
16department unless otherwise provided by the department. If Subject to ss. 304.074
17(4g) and 973.20 (1v), if
the department alleges that any condition or rule of parole has
18been violated by the prisoner, the department may take physical custody of the
19prisoner for the investigation of the alleged violation. If Subject to ss. 304.074 (4g)
20and 973.20 (1v), if
the department is satisfied that any condition or rule of parole has
21been violated it shall afford the prisoner such administrative hearings as are
22required by law. Unless waived by the parolee, the final administrative hearing shall
23be held before a hearing examiner from the division of hearings and appeals in the
24department of administration who is licensed to practice law in this state. The
25hearing examiner shall enter an order revoking or not revoking parole. Upon request

1by either party, the administrator of the division of hearings and appeals shall review
2the order. The hearing examiner may order that a deposition be taken by audiovisual
3means and allow the use of a recorded deposition under s. 967.04 (7) to (10). If Subject
4to ss. 304.074 (4g) and 973.20 (1v), if
the parolee waives the final administrative
5hearing, the secretary of corrections shall enter an order revoking or not revoking
6parole. If Subject to ss. 304.074 (4g) and 973.20 (1v), if the examiner, the
7administrator upon review, or the secretary in the case of a waiver finds that the
8prisoner has violated the rules or conditions of parole, the examiner, the
9administrator upon review, or the secretary in the case of a waiver, may order the
10prisoner returned to prison to continue serving his or her sentence, or to continue on
11parole. If the prisoner claims or appears to be indigent, the department shall refer
12the prisoner to the authority for indigency determinations specified under s. 977.07
13(1).
AB906,6 14Section 6. 304.074 (4g) of the statutes is created to read:
AB906,4,1715 304.074 (4g) A probationer, parolee, or person on extended supervision may not
16be subject to revocation of his or her probation, parole, or extended supervision solely
17because he or she fails to pay a fee charged under this section.
AB906,7 18Section 7. 973.09 (3) (b) of the statutes is amended to read:
AB906,5,819 973.09 (3) (b) The department shall notify the sentencing court, any person to
20whom unpaid restitution is owed and the district attorney of the status of the ordered
21restitution payments unpaid at least 90 days before the probation expiration date.
22If payment as ordered has not been made, the court shall hold a probation review
23hearing prior to the expiration date, unless the hearing is voluntarily waived by the
24probationer with the knowledge that waiver may result in an extension of the
25probation period or in a revocation of probation. If the court does not extend

1probation, it shall issue a judgment for the unpaid restitution and direct the clerk
2of circuit court to file and enter the judgment in the judgment and lien docket,
3without fee, unless it finds that the victim has already recovered a judgment against
4the probationer for the damages covered by the restitution order. If the court issues
5a judgment for the unpaid restitution, the court shall send to the person at his or her
6last-known address written notification that a civil judgment has been issued for the
7unpaid restitution. The judgment has the same force and effect as judgments
8entered under s. 806.10.
AB906,8 9Section 8. 973.09 (3) (bg) 1. of the statutes is amended to read:
AB906,5,1910 973.09 (3) (bg) 1. At least 90 days before the expiration date of a probationer's
11period of probation, the department shall notify the sentencing court and district
12attorney that a probationer owes an unpaid surcharge imposed under s. 973.045.
13Upon receiving notice from the department, the court shall schedule a probation
14review hearing to be held before the expiration date of the period of probation unless
15the probationer either pays the unpaid surcharge before the scheduled hearing date
16or voluntarily waives the hearing. A waiver of a probation review hearing under this
17paragraph must include an acknowledgment by the probationer that waiver may
18result in an extension of the probation period, or a modification of the terms and
19conditions of probation, or a revocation of probation.
AB906,9 20Section 9. 973.09 (3) (bm) 2. of the statutes is amended to read:
AB906,6,221 973.09 (3) (bm) 2. Upon receiving notice from the department under subd. 1.,
22the court shall schedule a probation review hearing to be held before the expiration
23date of the period of probation unless the probationer either pays the fees before the
24scheduled hearing date or voluntarily waives the hearing. A waiver of a probation
25review hearing under this subdivision shall include an acknowledgement by the

1probationer that waiver may result in an extension of the probation period, or a
2modification of the terms and conditions of probation or a revocation of probation.
AB906,10 3Section 10. 973.20 (1v) of the statutes is created to read:
AB906,6,94 973.20 (1v) (a) Restitution ordered under this section is a condition of
5probation, extended supervision, or parole served by the defendant for a crime for
6which the defendant was convicted, but no probationer, parolee, or person on
7extended supervision may be subject to revocation of his or her probation, parole, or
8extended supervision solely because he or she fails to pay restitution ordered under
9this section.
AB906,6,1410 (b) After the termination of probation, extended supervision, or parole, or if the
11defendant is not placed on probation, extended supervision, or parole, restitution
12ordered under this section is enforceable in the same manner as a judgment in a civil
13action by the victim named in the order to receive restitution or enforced under ch.
14785.
AB906,11 15Section 11. Initial applicability.
AB906,6,1716 (1) This act first applies to a probationer, parolee, or person on extended
17supervision who is subject to revocation on the effective date of this act.
AB906,6,1818 (End)
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