2013 - 2014 LEGISLATURE
March 31, 2014 - Introduced by Representatives Goyke, Hebl, Berceau, Kessler,
Ohnstad and Pasch, cosponsored by Senator Harris. Referred to Committee
on Corrections.
AB896,1,6
1An Act to renumber 973.10 (2) (a) and (b);
to renumber and amend 302.113
2(9) (ag) and 973.10 (2) (intro.);
to amend 302.113 (9) (am), 302.113 (9) (b),
3302.113 (9) (c) and 808.075 (4) (g) 3.; and
to create 302.113 (9) (ag) 1. and
4302.113 (9) (am) 2. a. of the statutes;
relating to: length of time in confinement
5following revocation of extended supervision or probation for violating a
6condition.
Analysis by the Legislative Reference Bureau
Under current law, if a person not serving a life sentence is released to extended
supervision and violates a condition of extended supervision, the person's release
may be revoked. If the person's release is revoked, the person must return to prison
for a period that does not exceed the time remaining on the bifurcated sentence.
Under this bill, if a person released to extended supervision violates a condition of
extended supervision and the violation is not a crime and the person did not abscond,
the person must return to prison for a period not to exceed 90 days if the person is
not required to register with the Department of Corrections (DOC) as a sex offender.
Under current law, if a person on probation violates a condition of probation,
the person's probation may be revoked. If the person's probation is revoked, the
person is ordered to prison for a length of time imposed by the sentencing court.
Under this bill, if a person on probation violates a condition of probation and the
violation is not a crime and the person did not abscond, the person must be ordered
to prison for a period not to exceed 90 days if the person is not required to register
with the DOC as a sex offender.
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:
AB896,1
1Section
1. 302.113 (9) (ag) of the statutes is renumbered 302.113 (9) (ag)
2(intro.) and amended to read:
AB896,2,33
302.113
(9) (ag) (intro.) In this subsection
"
reviewing:
AB896,2,6
42. "Reviewing authority" means the division of hearings and appeals in the
5department of administration, upon proper notice and hearing, or the department
6of corrections, if the person on extended supervision waives a hearing.
AB896,2
7Section
2. 302.113 (9) (ag) 1. of the statutes is created to read:
AB896,2,88
302.113
(9) (ag) 1. "Crime" has the meaning given in s. 939.12.
AB896,3
9Section
3. 302.113 (9) (am) of the statutes is amended to read:
AB896,2,1210
302.113
(9) (am)
1. If a person released to extended supervision under this
11section violates a condition of extended supervision, the reviewing authority may
12revoke the extended supervision of the person.
AB896,2,15
132. If the extended supervision of the person is revoked, the reviewing authority
14shall order the person to be returned to prison for any specified period
of time that
15does not exceed
one of the following:
AB896,2,19
16b. If, when the person violated the condition of extended supervision, the
17person also allegedly committed a crime or the person absconded or if the person was
18required to register as a sex offender under s. 301.45, the time remaining on the
19bifurcated sentence.
The time
AB896,3,5
1(ag) 3. "Time remaining on the bifurcated sentence
" is the total length of the
2bifurcated sentence, less time served by the person in confinement under the
3sentence before release to extended supervision under sub. (2) and less all time
4served in confinement for previous revocations of extended supervision under the
5sentence.
AB896,3,8
6(am) 3. The order returning a person to prison under
this paragraph subd. 2. 7shall provide the person whose extended supervision was revoked with credit in
8accordance with ss. 304.072 and 973.155.
AB896,4
9Section
4. 302.113 (9) (am) 2. a. of the statutes is created to read:
AB896,3,1310
302.113
(9) (am) 2. a. If, when the person violated the condition of extended
11supervision, the person did not also allegedly commit a crime and did not abscond
12and if the person was not required to register as a sex offender under s. 301.45, 90
13days.
AB896,5
14Section
5. 302.113 (9) (b) of the statutes is amended to read:
AB896,3,2215
302.113
(9) (b) A person who is returned to prison after revocation of extended
16supervision shall be incarcerated for the entire period
of time specified by the order
17under par. (am)
2. The period
of time specified under par. (am)
2. may be extended
18in accordance with sub. (3). If a person is returned to prison under par. (am) for a
19period
of time that is less than the time remaining on the bifurcated sentence, the
20person shall be released to extended supervision after he or she has served the period
21of time specified by the order under par. (am)
2. and any periods of extension imposed
22in accordance with sub. (3).
AB896,6
23Section
6. 302.113 (9) (c) of the statutes is amended to read:
AB896,4,724
302.113
(9) (c) A person who is subsequently released to extended supervision
25after service of the period
of time specified by the order under par. (am)
2. is subject
1to all conditions and rules under sub. (7) and, if applicable, sub. (7m) until the
2expiration of the remaining extended supervision portion of the bifurcated sentence.
3The remaining extended supervision portion of the bifurcated sentence is the total
4length of the bifurcated sentence, less the time served by the person in confinement
5under the bifurcated sentence before release to extended supervision under sub. (2)
6and less all time served in confinement for previous revocations of extended
7supervision under the bifurcated sentence.
AB896,7
8Section
7. 808.075 (4) (g) 3. of the statutes is amended to read:
AB896,4,109
808.075
(4) (g) 3. Imposition of sentence upon revocation of probation under s.
10973.10 (2)
(a) (bm) 2. a.
AB896,8
11Section
8. 973.10 (2) (intro.) of the statutes is renumbered 973.10 (2) (am) and
12amended to read:
AB896,4,2013
973.10
(2) (am) If a probationer violates the conditions of probation, the
14department of corrections may initiate a proceeding before the division of hearings
15and appeals in the department of administration. Unless waived by the probationer,
16a hearing examiner for the division shall conduct an administrative hearing and
17enter an order either revoking or not revoking probation. Upon request of either
18party, the administrator of the division shall review the order. If the probationer
19waives the final administrative hearing, the secretary of corrections shall enter an
20order either revoking or not revoking probation.
AB896,4,25
21(bm) 1. If probation is revoked,
the probationer may not be ordered to prison
22for a period that exceeds 90 days if the probationer is not required to register as a sex
23offender under s. 301.45, and if, when the probationer violated a condition of
24probation, the probationer did not also allegedly commit a crime, as defined in s.
25939.12, and did not abscond.
AB896,5,4
12. If probation is revoked, the department shall
do one of the following if the
2probationer is required to register as a sex offender under s. 301.45, or if, when the
3probationer violated the condition of probation, the probationer allegedly committed
4a crime, as defined in s. 939.12, or absconded:
AB896,9
5Section
9. 973.10 (2) (a) and (b) of the statutes are renumbered 973.10 (2) (bm)
62. a. and b.
AB896,10
7Section
10.
Initial applicability.
AB896,5,98
(1) This act first applies to an order entered on the effective date of this
9subsection.
