2019 - 2020 LEGISLATURE
January 30, 2020 - Introduced by Representatives Goyke, Sortwell, Gruszynski,
Sargent, C. Taylor, Zamarripa, Neubauer, Anderson, Pope, Subeck,
Emerson, Bowen, Stubbs, Kolste, Crowley, Considine, L. Myers, Spreitzer,
Ohnstad and Billings, cosponsored by Senators L. Taylor, Johnson, Larson,
Risser and Smith. Referred to Committee on Corrections.
1An Act to repeal
302.113 (8m) (b), 304.06 (3g) and 973.10 (2s); to renumber
302.113 (8m) (a) and 973.10 (2) (a) and (b); to renumber and amend
(7) (ag), 302.11 (7) (am), 302.113 (9) (ag), 302.113 (9) (am) and 973.10 (2) (intro.); 4to amend
20.410 (1) (a), 20.410 (1) (ab), 301.035 (2), 302.107 (2), 302.113 (9) (b), 5
302.113 (9) (c), 302.114 (9) (ag), 302.33 (1), 303.08 (1) (intro.), 303.08 (2), 303.08 6
(5) (intro.), 303.08 (6), 303.08 (12), 304.06 (3), 808.075 (4) (g) 3. and 950.04 (1v) 7
(vg); and to create
20.410 (1) (kj), 301.03 (6s), 302.11 (7) (ag) 1., 302.11 (7) (am) 8
1. a. to e., 302.113 (9) (ag) 1. and 2., 302.113 (9) (am) 1. a. to e., 302.115, 304.06 9
(3) (g) 1. to 5. and 973.10 (2) (bm) 1. of the statutes; relating to: maximum
10period of imprisonment following revocation of extended supervision or
11probation and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill changes the conditions under which a person's probation, parole, or
extended supervision may be revoked and allows the use of short-term sanctions as
an alternative to revocation.
Under current law, a person's probation, parole, or extended supervision may
be revoked if he or she violates a condition or rule of probation, parole, or extended
supervision. Under this bill, a person's probation, parole, or extended supervision
may not be revoked unless one of the following conditions is met:
1. The person committed three or more independent violations during his or her
term of probation, parole, or extended supervision.
2. The condition that the person violated was a condition that the person not
contact any specified individual.
3. The person was required to register as a sex offender with the Department
4. When the person violated the rule or condition, the person also allegedly
committed a crime.
5. The person absconded.
Under current law, if a person admits that he or she has violated a rule or
condition of probation or extended supervision, DOC may sanction the person with
imprisonment for up to 90 days. Under the bill, DOC may sanction the person with
imprisonment for only 30 days, unless the violation meets the grounds for revocation
of probation, parole, or extended supervision, in which case DOC may sanction the
person with imprisonment for up to 90 days.
Under the bill, if DOC alleges that a person on probation, parole, or extended
supervision has violated a rule or condition that is not grounds for revocation, and
the person does not admit to the violation or waive a hearing, the Division of
Hearings and Appeals must hold a hearing on the allegation of the violation and may
impose a sanction of imprisonment for up to 30 days for the violation or up to 90 days
if the violation meets the grounds for revocation. Under the bill, if the person waives
a hearing, DOC may impose the sanction without a hearing.
Under the bill, DOC is required to submit an annual report to the governor, the
legislature, and the state courts on data related to the revocation of extended
supervision and probation and recidivism. The bill requires DOC to report on the
amount of cost savings that results from the limitation on incarceration for
revocations imposed under this bill. The bill requires DOC to use the money saved
on incarceration under this bill to fund programs to reduce recidivism.
For further information see the state 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:
20.410 (1) (a) of the statutes is amended to read:
(a) General program operations.
The amounts in the schedule to 3
operate institutions and provide field services and administrative services. No 4
payments may be made under this paragraph for payments in accordance with other
states party to the interstate corrections compact under s. 302.25. Annually, there
2is transferred from this appropriation account to the appropriation account under
3par. (kj) the cost savings reported under s. 301.03 (6s) (b) 4.
20.410 (1) (ab) of the statutes is amended to read:
(ab) Corrections contracts and agreements.
The amounts in the 6
schedule for payments made in accordance with contracts entered into under ss. 7
301.21, 302.25, and 302.27 (1), contracts entered into with the federal government 8
under 18 USC 5003
, and intra-agency agreements relating to the placement of 9
prisoners. Annually, there is transferred from this appropriation account to the
10appropriation account under par. (kj) the cost savings reported under s. 301.03 (6s)
20.410 (1) (kj) of the statutes is created to read:
(kj) Recidivism reduction services.
All moneys transferred from the 14
appropriation accounts under pars. (a) and (ab) to provide services to persons who 15
are on probation, or who are soon to be or are currently on parole or extended 16
supervision, following a felony conviction, in an effort to reduce recidivism.
301.03 (6s) of the statutes is created to read:
(a) In this subsection, “recidivism” means any of the following:
1. A return to prison upon revocation of extended supervision, parole, or 20
2. A conviction for a crime that was committed within 3 years of release from 22
(b) No later than June 15 each year, submit a report on revocations of parole, 24
extended supervision, and probation to the governor, the chief clerk of each house of 25
the legislature for distribution to the appropriate standing committees under s.
13.172 (3), and the director of state courts. The report shall include all of the 2
1. The rate of recidivism among probationers, parolees, and persons on 4
extended supervision by region and demographics, including the level of the 5
2. The number of and reason for revocations of probation, parole, and extended 7
supervision by region and demographics.
3. The number and lengths of short-term sanctions imposed under s. 302.115.
4. An accounting of the cost savings for the preceding 12-month period that 10
resulted from the use of short-term sanctions in lieu of revocations.
301.035 (2) of the statutes is amended to read:
Assign hearing examiners from the division to preside over 13
hearings under ss. 302.11 (7), 302.113 (9), 302.114 (9), 302.115,
938.357 (5), 973.10 14
and 975.10 (2) and ch. 304.
302.107 (2) of the statutes is amended to read:
Upon revocation of parole or extended supervision under s. 302.11 17
(7), 302.113 (9), 302.114 (9), or 304.06 (3) or (3g)
, the department shall make a 18
reasonable effort to send a notice of the revocation to a victim of an offense committed 19
by the inmate, if the victim can be found, in accordance with sub. (3) and after 20
receiving a completed card under sub. (4).
302.11 (7) (ag) of the statutes is renumbered 302.11 (7) (ag) (intro.) 22
and amended to read:
(ag) (intro.) In this subsection “
authority" means the division of hearings and appeals in the 2
department of administration, upon proper notice and hearing, or the department 3
of corrections, if the parolee waives a hearing.
302.11 (7) (ag) 1. of the statutes is created to read:
(ag) 1. “Abscond” means to fail to report or make oneself available 6
for supervision for a period of more than 60 consecutive days.
302.11 (7) (am) of the statutes is renumbered 302.11 (7) (am) 1. 8
(intro.) and amended to read:
(am) 1. (intro.) The reviewing authority may not
return a parolee 10
released under sub. (1) or (1g) (b) or s. 304.02 or 304.06 (1) to prison for a period up
11to the remainder of the sentence
for a violation of the conditions of parole. The
12remainder unless one of the following applies:
13(ag) 2. “Remainder
of the sentence is” means
the entire sentence, less time 14
served in custody prior to parole.
15(am) 2. If the reviewing authority revokes parole, the revocation order may
16return the parolee to prison for a period up to the remainder of the sentence.
revocation order shall provide the parolee with credit in accordance with ss. 304.072 18
302.11 (7) (am) 1. a. to e. of the statutes are created to read:
(am) 1. a. The person committed 3 or more independent violations 21
while released on parole.