304.06(4)(a)(a) If any person convicted of a misdemeanor or traffic offense, any person convicted of a criminal offense and sentenced to 2 years or less in a house of correction or any person committed to a house of correction for treatment and rehabilitation for addiction to a controlled substance or controlled substance analog under
ch. 961, during the period of confinement or treatment appears to have been rehabilitated or cured to the extent, in the opinion of the superintendent of the house of correction or the person in charge of treatment and rehabilitation of a prisoner at that institution, that the prisoner may be released, the prisoner may be released upon conditional parole. Before a person is released on conditional parole under this paragraph, the superintendent or person in charge of treatment and rehabilitation shall so notify the municipal police department and county sheriff for the area where the person will be residing. The notification requirement does not apply if a municipal department or county sheriff submits to the department a written statement waiving the right to be notified.
304.06(4)(b)
(b) Application for such conditional parole shall be made in writing by the superintendent of the house of correction to the court of commitment stating the facts justifying the application. The court shall proceed to take testimony in support of the application. If the judge is satisfied from the evidence that there is good reason to believe that the prisoner has been rehabilitated or cured to the extent that he or she may be released and that proper provision for employment and residence has been made for the prisoner, the judge may order the prisoner's release on parole to the superintendent of the house of correction, on such conditions to be stated in the order of release as the judge determines. In the event of violation of any such conditions by the prisoner, he or she shall be returned to the court and may be recommitted to the house of correction to serve the remainder of his or her sentence or for further treatment.
304.06 History
History: 1971 c. 125,
219;
1973 c. 90,
198,
333;
1975 c. 156,
199;
1977 c. 29,
353,
418,
449;
1979 c. 356;
1981 c. 266;
1983 a. 27,
64,
197,
528,
538;
1985 a. 262 s.
8;
1987 a. 244 ss.
1 to
3,
7;
1987 a. 412;
1989 a. 31 ss.
1699 to
1700p; Stats. 1989 s. 304.06;
1989 a. 107,
122;
1991 a. 39;
1993 a. 79,
89,
97,
178,
194,
227,
289,
377,
479,
491;
1995 a. 27,
77,
352,
387,
444,
448;
1997 a. 133,
181,
237,
275,
283,
284,
326;
1999 a. 32.
304.06 Annotation
Amendment to s. 57.06 (1), 1987 stats. [now s. 304.06 (1)] by ch. 90, laws of 1973, did not restore right of trial court to fix minimum sentences. Ch. 90 did not remove 1 yr. period under ss. 973.02 and 973.15. Edelman v. State,
62 Wis. 2d 613,
215 N.W.2d 386.
304.06 Annotation
A certiorari proceeding in the committing court to review a revocation of parole or probation is not a criminal proceeding. Contrary language in State ex rel. H&SS Dept. v. Circuit Court,
57 Wis. 2d 329, is withdrawn. State ex rel. Hanson v. H&SS Dept.
64 Wis. 2d 367,
219 N.W.2d 267.
304.06 Annotation
Refusal of parole board to grant discretionary parole is subject to judicial review. Failure to notify prisoner of standards and criteria applied to parole application constituted denial of due process. State ex rel. Tyznik v. H&SS Dept.
71 Wis. 2d 169,
238 N.W.2d 66.
304.06 Annotation
Every violation of probation or parole does not result in automatic revocation. Snajder v. State,
74 Wis. 2d 303,
246 N.W.2d 665.
304.06 Annotation
Parole revocation hearing is not part of a criminal prosecution and thus the full panoply of rights, including Miranda warnings and the exclusionary rule, are not applicable. State ex rel. Struzik v. H&SS Dept.
77 Wis. 2d 216,
252 N.W.2d 660.
304.06 Annotation
Neither double jeopardy clause nor doctrine of collateral estoppel precludes parole revocation on grounds of parolee's conduct related to alleged crime for which parolee was charged and acquitted. State ex rel. Flowers v. H&SS Dept.
81 Wis. 2d 376,
260 N.W.2d 727.
304.06 Annotation
Presentence incarceration due to indigency must be credited towards a life sentence for the purpose of determining eligibility for parole. Wilson v. State,
82 Wis. 2d 657,
264 N.W.2d 234.
304.06 Annotation
Parole agent's failure to act on knowledge of similar prior violations did not preclude revocation. Van Ermen v. H&SS Dept.
84 Wis. 2d 57,
267 N.W.2d 17 (1978).
304.06 Annotation
Prison inmates subject to parole rescission are entitled to Morrissey-Gagnon due process. State ex rel. Klinke v. H&SS Dept.
87 Wis. 2d 110,
273 N.W.2d 379 (Ct. App. 1978).
304.06 Annotation
Secretary's authority to revoke under s. 57.06 (3), 1987 stats. [now s. 304.06 (3)] cannot be bound by agent's representations. State ex rel. Lewis v. H&SS Dept.
89 Wis. 2d 220,
278 N.W.2d 232 (Ct. App. 1979).
304.06 Annotation
Parole violation may not be proved entirely by unsubstantiated hearsay testimony. State ex rel. Henschel v. H&SS Dept.
91 Wis. 2d 268,
280 N.W.2d 785 (Ct. App. 1979).
304.06 Annotation
Equal protection does not require symmetry in probation and parole systems. State v. Aderhold,
91 Wis. 2d 306,
284 N.W.2d 108 (Ct. App. 1979).
304.06 Annotation
Probationer's due process right to prompt revocation proceedings was not triggered where probationer was detained as result of unrelated criminal proceedings. State ex rel. Alvarez v. Lotter,
91 Wis. 2d 329,
283 N.W.2d 408 (Ct. App. 1979).
304.06 Annotation
Inmate who entered into Mutual Agreement Program (MAP) "contract" for discretionary parole may not bring civil action for breach of contract. Coleman v. Percy,
96 Wis. 2d 578,
292 N.W.2d 615 (1980).
304.06 Annotation
Mandatory release parole violator may be required to serve beyond final discharge date originally set by court. State ex rel. Bieser v. Percy,
97 Wis. 2d 702,
295 N.W.2d 179 (Ct. App. 1980).
304.06 Annotation
Because courts have exclusive criminal jurisdiction, criminal charges against defendant were not collaterally estopped even though parole revocation hearing examiner concluded that defendant's acts did not merit parole revocation. State v. Spanbauer,
108 Wis. 2d 548,
322 N.W.2d 511 (Ct. App. 1982).
304.06 Annotation
Due process was not violated by holding two revocation hearings dealing with same conduct where first hearing was based on facts and second hearing was based on conviction. State ex rel. Leroy v. H&SS Dept.
110 Wis. 2d 291,
329 N.W.2d 229 (Ct. App. 1982).
304.06 Annotation
Sub. (1r) creates a presumption for parole for inmates who obtain a high school equivalency diploma that does not otherwise apply; to give effect to that presumption, a substantively different standard must be applied than in ordinary parole cases under sub. (1) (b). Hansen v. Dane County Circuit Ct.
181 Wis. 2d 993,
513 N.W.2d 139 (Ct. App. 1994).
304.06 Annotation
When probationer or parolee is charged with a crime and may have otherwise violated conditions of release, revocation hearings based on the non-criminal violations should be held without delay. 65 Atty. Gen. 20.
304.06 Annotation
Convict has no constitutional right to be paroled. Greenholtz v. Nebraska Penal Inmates,
442 U.S. 1 (1979).
304.06 Annotation
When required by the right effectively to present a defense, the state, having authority to do so, in the exercise of sound discretion must issue, and for an indigent pay the costs of, compulsory process to obtain the attendance of witnesses on behalf of probationers and parolees at revocation proceedings. 63 Atty. Gen. 176.
304.06 Annotation
Probation and parole revocation in Wisconsin. 1977 WLR 503.
304.062
304.062
Ordering parolees and persons on extended supervision to perform community service work. 304.062(1)(1) The department may order that a parolee or a person on extended supervision perform community service work for a public agency or a nonprofit charitable organization. An order may apply only if agreed to by the parolee or the person on extended supervision and the organization or agency. The department shall ensure that the parolee or the person on extended supervision is provided a written statement of the terms of the community service order and shall monitor the compliance of the parolee or person on extended supervision with the community service order.
304.062(2)
(2) Any organization or agency acting in good faith to which a parolee or person on extended supervision is assigned under an order under this section has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the parolee or person on extended supervision. The department has immunity from any civil liability for acts or omissions by or impacting on the parolee or person on extended supervision regarding the assignment under this section.
304.062 History
History: 1995 a. 96;
1997 a. 283.
304.063
304.063
Notification prior to release on extended supervision or parole. 304.063(1)(a)
(a) "Member of the family" means spouse, child, sibling, parent or legal guardian.
304.063(1)(b)
(b) "Victim" means a person against whom a crime has been committed.
304.063(2)
(2) Before a prisoner is released on parole under
s. 302.11,
304.02 or
304.06 or on extended supervision under
s. 302.113 or
302.114, if applicable, for a violation of
s. 940.01,
940.03,
940.05,
940.225 (1) or
(2),
948.02 (1) or
(2),
948.025,
948.06 or
948.07, the department shall make a reasonable attempt to notify all of the following persons, if they can be found, in accordance with
sub. (3) and after receiving a completed card under
sub. (4):
304.063(2)(a)
(a) The victim of the crime committed by the prisoner or, if the victim died as a result of the crime, an adult member of the victim's family or, if the victim is younger than 18 years old, the victim's parent or legal guardian.
304.063(2)(b)
(b) Any witness who testified against the prisoner in any court proceeding involving the offense.
304.063(3)
(3) The department shall make a reasonable attempt to send the notice, postmarked at least 7 days before a prisoner is released on parole or extended supervision, to the last-known address of the persons under
sub. (2).
304.063(4)
(4) The department shall design and prepare cards for any person specified in
sub. (2) to send to the department. The cards shall have space for any such person to provide his or her name and address, the name of the applicable prisoner and any other information the department determines is necessary. The department shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in
sub. (2). These persons may send completed cards to the department. All department records or portions of records that relate to mailing addresses of these persons are not subject to inspection or copying under
s. 19.35 (1).
304.063 History
History: 1993 a. 97,
227,
479,
491;
1997 a. 181,
283.
304.065
304.065
Offender release information. The department shall obtain computer software and use the software to provide local law enforcement agencies with information regarding offenders who have been released to or placed in the agencies' jurisdictions.
304.065 History
History: 1993 a. 98.
304.071(1)(1) The parole commission may at any time grant a parole to any prisoner in any penal institution of this state, or the department may at any time suspend the supervision of any person who is on probation or parole to the department, if the prisoner or person on probation or parole is eligible for induction into the U.S. armed forces. The suspension of parole or probation shall be for the duration of his or her service in the armed forces; and the parole or probation shall again become effective upon his or her discharge from the armed forces in accordance with regulations prescribed by the department. If he or she receives an honorable discharge from the armed forces, the governor may discharge him or her and the discharge has the effect of a pardon. Upon the suspension of parole or probation by the department, the department shall issue an order setting forth the conditions under which the parole or probation is suspended, including instructions as to where and when and to whom the paroled person shall report upon discharge from the armed forces.
304.072
304.072
Period of probation, extended supervision or parole tolled. 304.072(1)(1) If the department of corrections in the case of a parolee, probationer or person on extended supervision who is reinstated or waives a hearing or the division of hearings and appeals in the department of administration in the case of a hearing determines that a parolee, probationer or person on extended supervision has violated the terms of his or her supervision, the department or division may toll all or any part of the period of time between the date of the violation and the date an order of revocation or reinstatement is entered, subject to credit according to the terms of
s. 973.155 for any time the parolee, probationer or person on extended supervision spent confined in connection with the violation.
304.072(2)
(2) If a parolee, probationer or person on extended supervision is alleged to have violated the terms of his or her supervision but the department or division determines that the alleged violation was not proven, the period between the alleged violation and the determination shall be treated as service of the probationary, extended supervision or parole period.
304.072(3)
(3) Except as provided in
s. 973.09 (3) (b), the department preserves jurisdiction over a probationer, parolee or person on extended supervision if it commences an investigation, issues a violation report or issues an apprehension request concerning an alleged violation prior to the expiration of the probationer's, parolee's or person's term of supervision.
304.072(4)
(4) The sentence of a revoked parolee or person on extended supervision resumes running on the day he or she is received at a correctional institution subject to sentence credit for the period of custody in a jail, correctional institution or any other detention facility pending revocation according to the terms of
s. 973.155.
304.072(5)
(5) The sentence of a revoked probationer shall be credited with the period of custody in a jail, correctional institution or any other detention facility pending revocation and commencement of sentence according to the terms of
s. 973.155.
304.072 Note
NOTE: The following annotations concern s. 57.072, 1975 stats., [now s. 304.072] which was repealed and recreated by ch. 353, laws of 1977 and again by
Act 528, laws of 1983.
304.072 Annotation
The court can revoke a probation after the probationary period has expired when the defendant has committed several crimes during the period. Williams v. State,
50 Wis. 2d 709,
184 N.W.2d 844.
304.072 Annotation
Before tolling statute applies, department must make final determination that violation occurred. Locklear v. State,
87 Wis. 2d 392,
274 N.W.2d 898 (Ct. App. 1978).
304.072 Annotation
Where revocation proceedings were initiated prior to expiration of parole period, parole was properly revoked after period expired. State ex rel. Avery v. Percy,
99 Wis. 2d 459,
299 N.W.2d 886 (Ct. App. 1980).
304.072 AnnotationDepartment may not grant jail credit where it is not provided for by statute.
71 Atty. Gen. 102.
304.073
304.073
Administrative and minimum supervision. 304.073(2)
(2) Beginning on January 1, 1996, the department shall charge a fee to any probationer, parolee or person on extended supervision who is under minimum or administrative supervision and is supervised by the department. The fee does not apply if the person is supervised by a vendor under
s. 301.08 (1) (c). The department shall set the fee sufficient to cover the cost of supervision. The department shall collect moneys for the fee charged under this subsection and credit those moneys to the appropriation account under
s. 20.410 (1) (ge).
304.073(2m)(a)(a) If a probationer, parolee or person on extended supervision who owes unpaid fees to the department under
sub. (2) is discharged from probation or from his or her sentence before the department collects the unpaid fees, the department shall, at the time of discharge, issue a notice to the probationer, parolee or person on extended supervision that states that he or she owes unpaid fees under
sub. (2) and that he or she is responsible for the payment of the unpaid fees. The notice under this paragraph shall be issued with the certificate of discharge required under
s. 304.078 or
973.09 (5).
304.073(2m)(b)
(b) The department may request the attorney general to bring a civil action to recover unpaid fees owed to the department under
sub. (2) by a person who has been discharged from probation or from his or her sentence and who, at the time of discharge, owed the department unpaid fees under
sub. (2). Before requesting the attorney general to bring a civil action under this paragraph, the department shall deduct any fees owed to the department that were inaccurately assessed against the person.
304.073(3)
(3) The department shall promulgate rules setting the rate under
sub. (2) and providing the procedure and timing for collecting the fee charged under
sub. (2).
304.073(4)
(4) The department may decide not to charge a fee under
sub. (2) to any probationer, parolee or person on extended supervision if the probationer, parolee or person on extended supervision demonstrates that he or she is unable to pay the fee because of any of the following:
304.073(4)(a)
(a) The probationer, parolee or person on extended supervision is undergoing treatment approved by the department and is unable to work.
304.073(4)(b)
(b) The probationer, parolee or person on extended supervision has a statement from a physician certifying to the department that the probationer, parolee or person on extended supervision should be excused from working for medical reasons.
304.073 History
History: 1995 a. 27;
1997 a. 27,
283.
304.074
304.074
Reimbursement fee for persons on probation, parole, and extended supervision. 304.074(2)
(2) Beginning on January 1, 1996, the department shall charge a fee to probationers, parolees and persons on extended supervision to partially reimburse the department for the costs of providing supervision and services. The department shall set varying rates for probationers, parolees or persons on extended supervision based on ability to pay and with the goal of receiving at least $1 per day, if appropriate, from each probationer, parolee and person on extended supervision. The department shall not charge a fee while the probationer, parolee or person on extended supervision is exempt under
sub. (3). The department shall collect moneys for the fees charged under this subsection and credit those moneys to the appropriation account under
s. 20.410 (1) (gf).
304.074(3)
(3) The department may decide not to charge a fee under
sub. (2) to any probationer, parolee or person on extended supervision while he or she meets any of the following conditions:
304.074(3)(b)
(b) Is pursuing a full-time course of instruction approved by the department.
304.074(3)(c)
(c) Is undergoing treatment approved by the department and is unable to work.
304.074(3)(d)
(d) Has a statement from a physician certifying to the department that the probationer, parolee or person on extended supervision should be excused from working for medical reasons.
304.074(4)
(4) The fee under
sub. (2) does not apply to any probationer, parolee or person on extended supervision who is under minimum or administrative supervision.
304.074(4m)(a)(a) If a probationer, parolee or person on extended supervision who owes unpaid fees to the department under
sub. (2) is discharged from probation or from his or her sentence before the department collects the unpaid fees, the department shall, at the time of discharge, issue a notice to the probationer, parolee or person on extended supervision that states that he or she owes unpaid fees under
sub. (2) and that he or she is responsible for the payment of the unpaid fees. The notice under this paragraph shall be issued with the certificate of discharge required under
s. 304.078 or
973.09 (5).
304.074(4m)(b)
(b) The department may request the attorney general to bring a civil action to recover unpaid fees owed to the department under
sub. (2) by a person who has been discharged from probation or from his or her sentence and who, at the time of discharge, owed the department unpaid fees under
sub. (2). Before requesting the attorney general to bring a civil action under this paragraph, the department shall deduct any fees owed to the department that were inaccurately assessed against the person.
304.074(5)
(5) The department shall promulgate rules setting rates under
sub. (2) and providing the procedure and timing for collecting fees charged under
sub. (2).
304.074 History
History: 1995 a. 27;
1997 a. 27,
283.
304.075
304.075
Loan fund for probationers, parolees and persons on extended supervision. The department shall create a revolving fund out of any moneys in its hands belonging to probationers, parolees or persons on extended supervision who absconded, or whose whereabouts are unknown. The fund shall be used to defray the expenses of clothing, transportation, maintenance and other necessities for probationers, parolees and persons on extended supervision who are without means to secure those necessities. All payments made from the fund shall be repaid by probationers, parolees or persons on extended supervision for whose benefit they are made whenever possible; and any moneys belonging to them so paid into the revolving fund shall be repaid to them in accordance with law, in case a claim therefor is filed with the department upon showing the legal right of the claimant to such money.
304.075 History
History: 1977 c. 29;
1989 a. 31 s.
1705; Stats. 1989 s. 304.075;
1997 a. 283.
304.078
304.078
Civil rights restored to convicted persons satisfying sentence. Every person who is convicted of a crime obtains a restoration of his or her civil rights by serving out his or her term of imprisonment or otherwise satisfying his or her sentence. The certificate of the department or other responsible supervising agency that a convicted person has served his or her sentence or otherwise satisfied the judgment against him or her is evidence of that fact and that the person is restored to his or her civil rights. The department or other agency shall list in the person's certificate rights which have been restored and which have not been restored. Persons who served out their terms of imprisonment or otherwise satisfied their sentences prior to August 14, 1947, are likewise restored to their civil rights from and after September 25, 1959.
