AB660: Bill Text

AB660, s. 17 Section 17. 302.114 (9) (f) of the statutes is renumbered 302.114 (9) (f) 1. and amended to read:

AB660,11,14 302.114 (9) (f) 1. In any case in which there is a hearing before the division of hearings and appeals in the department of administration concerning whether to revoke a person's extended supervision, the person on extended supervision may seek review of a decision to revoke extended supervision and the department of corrections or the district attorney may seek review of a decision to not revoke extended supervision. Review under this paragraph is limited to whether the department or the district attorney met the burden of proof specified under par. (am). Review of a decision under this paragraph may be sought only by an action for certiorari. Except as provided in subd. 2., a writ of certiorari must be filed within 60 days of the revocation decision.

AB660, s. 18 Section 18. 302.114 (9) (f) 2. of the statutes is created to read:

AB660,11,21 302.114 (9) (f) 2. If the department of corrections does not seek review of a decision to not revoke extended supervision under subd. 1., the department shall notify the district attorney in the county where the person was convicted that it does not intend to seek review of the decision. The district attorney may, by filing a writ of certiorari within 60 days after it receives notice from the department under this subdivision, seek review of the decision.

AB660, s. 19 Section 19. 302.33 (1) of the statutes is amended to read:

AB660,12,5 302.33 (1) The maintenance of persons who have been sentenced to the state penal institutions; persons in the custody of the department, except as provided in sub. (2) and ss. 301.048 (7), 302.113 (8m) or (8r), and 302.114 (8m) or (8r); persons accused of crime and committed for trial; persons committed for the nonpayment of fines and expenses; and persons sentenced to imprisonment therein, while in the county jail, shall be paid out of the county treasury. No claim may be allowed to any sheriff for keeping or boarding any person in the county jail unless the person was lawfully detained therein.

AB660, s. 20 Section 20. 303.08 (1) (intro.) of the statutes is amended to read:

AB660,12,10 303.08 (1) (intro.) Any person sentenced to a county jail for crime, nonpayment of a fine or forfeiture, or contempt of court or subject to a confinement sanction under s. 302.113 (8m) or (8r) or 302.114 (8m) or (8r) may be granted the privilege of leaving the jail during necessary and reasonable hours for any of the following purposes:

AB660, s. 21 Section 21. 303.08 (2) of the statutes is amended to read:

AB660,12,19 303.08 (2) Unless such privilege is expressly granted by the court or, in the case of a person subject to a confinement sanction under s. 302.113 (8m) or (8r) or 302.114 (8m) or (8r), the department, the person is sentenced to ordinary confinement. A prisoner, other than a person subject to a confinement sanction under s. 302.113 (8m) or (8r) or 302.114 (8m) or (8r), may petition the court for such privilege at the time of sentence or thereafter, and in the discretion of the court may renew the prisoner's petition. The court may withdraw the privilege at any time by order entered with or without notice.

AB660, s. 22 Section 22. 303.08 (5) (intro.) of the statutes is amended to read:

AB660,12,25 303.08 (5) (intro.) By order of the court or, for a person subject to a confinement sanction under s. 302.113 (8m) or (8r) or 302.114 (8m) or (8r), by order of the department, the wages, salary and unemployment insurance and employment training benefits received by prisoners shall be disbursed by the sheriff for the following purposes, in the order stated:

AB660, s. 23 Section 23. 303.08 (6) of the statutes is amended to read:

AB660,13,7 303.08 (6) The department, for a person subject to a confinement sanction under s. 302.113 (8m) or (8r) or 302.114 (8m) or (8r), or the sentencing court, by order, may authorize the sheriff to whom the prisoner is committed to arrange with another sheriff for the employment or employment training of the prisoner in the other's county, and while so employed or trained to be in the other's custody but in other respects to be and continue subject to the commitment.

AB660, s. 24 Section 24. 303.08 (12) of the statutes is amended to read:

AB660,13,13 303.08 (12) In counties having a house of correction, any person violating the privilege granted under sub. (1) may be transferred by the county jailer to the house of correction for the remainder of the term of the person's sentence or, if applicable, the remainder of the person's confinement sanction under s. 302.113 (8m) or (8r) or 302.114 (8m) or (8r).

AB660, s. 25 Section 25. 304.06 (3) of the statutes, as affected by 2011 Wisconsin Act 38, is renumbered 304.06 (3) (b) 1. and amended to read:

AB660,14,14 304.06 (3) (b) 1. Every paroled prisoner remains in the legal custody of the department unless otherwise provided by the department. If the department alleges that any condition or rule of parole has been violated by the prisoner a misdemeanor parolee or that a condition or rule of parole other than one listed in subd. 2. has been violated by a felony parolee, the department may take physical custody of the prisoner for the investigation of the alleged violation and proceed under this subdivision. If the department is satisfied that any condition or rule of parole has been violated it shall afford the prisoner such administrative hearings as are required by law. Unless waived by the parolee, the final administrative hearing shall be held before a hearing examiner from the division of hearings and appeals in the department of administration who is licensed to practice law in this state. The hearing examiner shall enter an order revoking or not revoking parole. Upon request by either party, the administrator of the division of hearings and appeals shall review the order. The hearing examiner may order that a deposition be taken by audiovisual means and allow the use of a recorded deposition under s. 967.04 (7) to (10). If the parolee waives the final administrative hearing, the secretary of corrections shall enter an order revoking or not revoking parole. If the examiner, the administrator upon review, or the secretary in the case of a waiver finds, by a preponderance of the evidence, that the prisoner has violated the rules or conditions of parole, the examiner, the administrator upon review, or the secretary in the case of a waiver, may order the prisoner returned to prison to continue serving his or her sentence, or to continue on parole. If the prisoner claims or appears to be indigent, the department shall refer the prisoner to the authority for indigency determinations specified under s. 977.07 (1).

AB660, s. 26 Section 26. 304.06 (3) (a) of the statutes is created to read:

AB660,14,16 304.06 (3) (a) In this subsection:

AB660,14,18 1. "Felony parolee" means a person who is released to parole and who is serving a sentence for committing a felony.

AB660,14,20 2. "Misdemeanor parolee" means a person who is released to parole and who is serving a sentence for committing a misdemeanor and who is not a felony parolee.

AB660, s. 27 Section 27. 304.06 (3) (b) 2. of the statutes is created to read:

AB660,15,2 304.06 (3) (b) 2. a. If the department alleges a felony parolee has violated a rule or condition of parole by committing a new crime, violating a rule that prohibits contact with a victim or a witness, violating a rule that prohibits contact with a minor if the felony parolee is serving a sentence for a violation of ch. 948, or absconding from supervision for more than 180 days, the department shall take physical custody of the prisoner for the investigation of the alleged violation.

AB660,15,9 b. If the department is satisfied that a condition or rule of parole specified in subd. 2. a. has been violated, it may initiate proceedings to revoke the parolee's parole and shall afford the prisoner such administrative hearings as are required by law. If the department does not initiate proceedings to revoke the parolee's parole, the department shall notify the district attorney in the county where the parolee was convicted that it alleges the parolee has committed a violation specified in subd. 2. a. but does not wish to initiate revocation proceedings.

AB660,15,12 c. Within 30 days of receiving notice under subd. 2. b., the district attorney in the county where the parolee was convicted may initiate revocation proceedings and shall afford the prisoner such administrative hearings as are required by law.

AB660,15,19 d. Upon request of a district attorney who is proceeding under subd. 2. c., the department shall retain physical custody of the parolee until the conclusion of the revocation proceedings and assist the district attorney in the revocation proceedings. Assistance under this subd. 2. d. may include serving the parolee with notice of the district attorney's intent to revoke parole, providing records relating to the parolee to the district attorney, and allowing a supervising agent to testify at revocation proceedings.

AB660,16,3 e. Unless waived by the parolee, the final administrative hearing shall be held before a hearing examiner from the division of hearings and appeals in the department of administration who is licensed to practice law in this state. If the department or the district attorney proves by a preponderance of the evidence that the parolee committed a violation set forth in subd. 2. a., the hearing examiner shall enter an order revoking parole and the parolee shall be returned to prison for not less than one-half of the time remaining on his or her sentence. Review of a revocation under this subdivision is limited to whether the department or the district attorney proved a violation by a preponderance of the evidence.

AB660, s. 28 Section 28. 304.06 (3) (c) of the statutes is created to read:

AB660,16,5 304.06 (3) (c) In any proceeding under par. (b):

AB660,16,7 1. The hearing examiner may order that a deposition be taken by audiovisual means and allow the use of a recorded deposition under s. 967.04 (7) to (10).

AB660,16,11 2. The hearing examiner shall grant a continuance sought by any party, not to exceed 30 days, for the purpose of gathering evidence, holding a preliminary hearing for a felony relating to the alleged violation of a rule or condition, or preparing a transcript or other record of a preliminary hearing or other proceeding.

AB660,16,18 3. If the parolee allegedly violated a rule or condition or parole by committing a felony, the felony victim's or witness's testimony from a preliminary examination regarding the felony is admissible to determine whether the parolee violated the conditions of his or her parole by committing the felony. If such testimony is available, a party to the administrative hearing may not subpoena the victim or witness to appear at the administrative hearing unless the party shows good cause for requiring the victim's or witness's appearance.

AB660,16,21 4. If the parolee claims or appears to be indigent, the department shall refer the parolee to the authority for indigency determinations specified under s. 977.07 (1).

AB660, s. 29 Section 29. 304.06 (3g) of the statutes is created to read:

AB660,17,3 304.06 (3g) If the department of corrections does not seek review of a decision to not revoke parole in a proceeding brought under sub. (3) (b) 2., the department shall notify the district attorney in the county where the person was convicted that it does not intend to seek review of the decision. The district attorney may, within 60 days after it receives notice from the department under this subsection, seek review of the decision.

AB660, s. 30 Section 30. 808.075 (4) (g) 3. of the statutes is amended to read:

AB660,17,6 808.075 (4) (g) 3. Imposition of sentence upon revocation of probation under s. 973.10 (2) (a) (c) 1.

AB660, s. 31 Section 31. 973.10 (2) of the statutes is repealed and recreated to read:

AB660,17,8 973.10 (2) (a) In this subsection:

AB660,17,10 1. "Felony probationer" means a person who is placed on probation for committing a felony.

AB660,17,12 2. "Misdemeanor probationer" means a person who is placed on probation for committing a misdemeanor and who is not a felony probationer.

AB660,17,23 (b) 1. If the department of corrections alleges that a misdemeanor probationer has violated a condition of probation or that a felony probationer has violated a condition of probation other than one listed in subd. 2., the department shall proceed under this subdivision and may initiate revocation proceedings before the division of hearings and appeals in the department of administration. Unless waived by the probationer, a hearing examiner for the division shall conduct an administrative hearing and upon finding, by a preponderance of the evidence, that the probationer violated a condition of probation, shall enter an order either revoking or not revoking probation. Upon request of either party, the administrator of the division shall review the order. If the probationer waives the final administrative hearing, the secretary of corrections shall enter an order either revoking or not revoking parole.

AB660,18,5 2. a. If the department of corrections alleges that a felony probationer has violated a condition of probation by committing a new crime, violating a condition that prohibits contact with a victim or a witness, violating a condition that prohibits contact with a minor if the felony probationer is on probation for a violation of ch. 948, or absconding from supervision for more than 180 days, the department shall take physical custody of the probationer for the investigation of the alleged violation and proceed under this subdivision.

AB660,18,12 b. If the department is satisfied that a condition of probation specified in subd. 2. a. has been violated, it may initiate revocation proceedings before the division of hearings and appeals in the department of administration. If the department does not initiate proceedings, the department shall notify the district attorney in the county where the probationer was convicted that it alleges the probationer has committed a violation specified in subd. 2. a. but does not wish to initiate revocation proceedings.

AB660,18,14 c. Within 30 days of receiving notice under subd. 2. b., the district attorney in the county where the probationer was convicted may initiate revocation proceedings.

AB660,18,21 d. Upon request of a district attorney who is proceeding under subd. 2. c., the department shall retain physical custody of the probationer until the conclusion of the revocation proceedings and assist the district attorney in the revocation proceedings. Assistance under this subd. 2. d. may include serving the probationer with notice of the district attorney's intent to revoke probation, providing records relating to the probation to the district attorney, and allowing a supervising agent to testify at revocation proceedings.

AB660,18,25 e. Unless waived by the probationer, a hearing examiner for the division shall conduct an administrative hearing. If the department or the district attorney proves by a preponderance of the evidence that the probationer committed a violation set forth in subd. 2. a., the hearing examiner shall enter an order revoking probation.

AB660,19,1 (c) If probation is revoked, the department shall:

AB660,19,4 1. If the probationer has not already been sentenced, order the probationer brought before the court for sentence which shall then be imposed without further stay under s. 973.15.

AB660,19,7 2. If the probationer has already been sentenced, order the probationer to prison, and the term of the sentence shall begin on the date the probationer enters the prison.

AB660, s. 32 Section 32. 973.10 (2c) of the statutes is created to read:

AB660,19,15 973.10 (2c) A felony victim's or witness's testimony from a preliminary examination regarding the felony is admissible in any administrative hearing held under sub. (2) (b) 2. to determine whether a probationer violated a condition of probation by committing the felony. If such testimony is available, a party to the administrative hearing may not subpoena the victim or witness to appear at the administrative hearing unless the party shows good cause for requiring the victim's or witness's appearance.

AB660, s. 33 Section 33. 973.10 (2e) of the statutes is created to read:

AB660,19,20 973.10 (2e) Review of an order to revoke probation is limited to whether the department of corrections or, in an action brought under sub. (2) (b) 2., the district attorney proved by a preponderance of the evidence that the probationer violated a condition of probation.

AB660, s. 34 Section 34. 973.10 (5) of the statutes is created to read:

AB660,20,2 973.10 (5) If the department of corrections does not seek review of a decision to not revoke probation in proceedings brought under sub. (2) (b) 2., the department shall notify the district attorney in the county where the person was convicted that it does not intend to seek review of the decision. The district attorney may, within 60 days after it receives notice from the department under this subdivision, seek review of the decision.

AB660, s. 35 Section 35. 973.155 (1) (b) of the statutes is amended to read:

AB660,20,8 973.155 (1) (b) The categories in par. (a) and sub. (1m) include custody of the convicted offender which is in whole or in part the result of a probation, extended supervision or parole hold under s. 302.113 (8m) or (8r), 302.114 (8m) or (8r), 304.06 (3), or 973.10 (2) placed upon the person for the same course of conduct as that resulting in the new conviction.

AB660, s. 36 Section 36. Initial applicability.

AB660,20,11 (1) This act first applies to a violation of a rule or condition that occurs on the effective date of this subsection.

AB660,20,12 (End)