AB351,43,8
1302.335 (2) (a) (intro.) The department shall begin a preliminary revocation
2hearing within 15 working days after the probationer or , parolee or person on
3community supervision
is detained in the county jail, other county facility or the
4tribal jail. The department may extend, for cause, this deadline by not more than
55 additional working days upon written notice to the probationer or, parolee or
6person on community supervision
and the sheriff, the tribal chief of police or other
7person in charge of the county facility. This paragraph does not apply under any of
8the following circumstances:
AB351, s. 104 9Section 104. 302.335 (2) (a) 1. of the statutes is amended to read:
AB351,43,1110 302.335 (2) (a) 1. The probationer or , parolee or person on community
11supervision
has waived, in writing, the right to a preliminary hearing.
AB351, s. 105 12Section 105. 302.335 (2) (a) 2. of the statutes is amended to read:
AB351,43,1413 302.335 (2) (a) 2. The probationer or , parolee or person on community
14supervision
has given and signed a written statement that admits the violation.
AB351, s. 106 15Section 106. 302.335 (2) (a) 3. of the statutes is amended to read:
AB351,43,1916 302.335 (2) (a) 3. There has been a finding of probable cause in a felony criminal
17action and the probationer or, parolee or person on community supervision is bound
18over for trial for the same or similar conduct that is alleged to be a violation of
19supervision.
AB351, s. 107 20Section 107. 302.335 (2) (b) of the statutes is amended to read:
AB351,44,321 302.335 (2) (b) The division shall begin a final revocation hearing within 50
22calendar days after the person is detained in the county jail, other county facility or
23the tribal jail. The department may request the division to extend this deadline by
24not more than 10 additional calendar days, upon notice to the probationer or, parolee
25or person on community supervision, the sheriff, the tribal chief of police or other

1person in charge of the facility, and the division. The division may grant the request.
2This paragraph does not apply if the probationer or, parolee or person on community
3supervision
has waived the right to a final revocation hearing.
AB351, s. 108 4Section 108. 302.335 (3) of the statutes is amended to read:
AB351,44,85 302.335 (3) If there is a failure to begin a hearing within the time requirements
6under sub. (2), the sheriff, the tribal chief of police or other person in charge of a
7county facility shall notify the department at least 24 hours before releasing a
8probationer or, parolee or person on community supervision under this subsection.
AB351, s. 109 9Section 109. 302.335 (4) of the statutes is amended to read:
AB351,44,1410 302.335 (4) This section applies to probationers or, parolees or persons on
11community supervision
who begin detainment in a county jail, other county facility
12or a tribal jail on or after July 1, 1990, except that this section does not apply to any
13probationer or, parolee or person on community supervision who is in the county jail,
14other facility or the tribal jail and serving a sentence.
AB351, s. 110 15Section 110. 303.065 (1) of the statutes is renumbered 303.065 (1) (a) and
16amended to read:
AB351,44,1917 303.065 (1) (a) The Except as provided in par. (b), the department may grant
18work release privileges to any person incarcerated within the state prisons, except
19that no
.
AB351,44,25 20(b) 1. A person serving a life sentence, other than a life sentence specified in
21subd. 2.,
may be considered for work release until only after he or she has reached
22parole eligibility under s. 304.06 (1) (b) or 973.014 (1) (a) or (b), whichever is
23applicable, and no or he or she has reached his or her community supervision
24eligibility date under s. 302.114 (9) (b) or 973.014 (1g) (a) 1. or 2., whichever is
25applicable.
AB351,45,2
12. A person serving a life sentence under s. 939.62 (2m) or 973.014 (1) (c) or (1g)
2(a) 3.
may not be considered for work release.
AB351, s. 111 3Section 111. 303.21 (1) (a) of the statutes, as affected by 1997 Wisconsin Act
4.... (Senate Bill 68), is amended to read:
AB351,45,165 303.21 (1) (a) If an inmate of a state institution, in the performance of assigned
6work is injured so as to be permanently incapacitated or to have materially reduced
7earning power, the inmate may, upon being released from such institution, either
8upon release on parole or community supervision or upon final discharge, be allowed
9and paid such compensation as the department of workforce development finds the
10inmate entitled to. The inmate shall be compensated on the same basis as if the
11injury had been covered by ch. 102, except that the total paid to any inmate may not
12exceed $10,000 and may be paid in instalments. If the injury results from
13employment in a prison industry, the payment shall be made from the revolving
14appropriation for its operation. If there is no revolving appropriation, payment shall
15be made from the general fund. In case of dispute, the procedure for hearing, award
16and appeal shall be as set forth in ss. 102.16 to 102.26.
AB351, s. 112 17Section 112. 303.215 of the statutes is amended to read:
AB351,46,3 18303.215 Compensation to prisoners or residents injured in prison
19industries employment.
In accordance with s. 102.03 (2), for an inmate of a state
20institution or a resident subject to s. 303.01 (1) (b) employed under s. 303.06 (2),
21compensation under ch. 102 on being released from the applicable institution, on
22parole, on community supervision, on final discharge or in accordance with ch. 938,
23whichever is applicable, is the exclusive remedy against the department and any
24employe of the department for any injury sustained by the inmate or resident while
25performing service growing out of and incidental to that employment. The

1department shall make any payments required under this section from the revolving
2appropriation for the operation of prison industries or, if there is no revolving
3appropriation for the operation of prison industries, from the general fund.
AB351, s. 113 4Section 113. 304.02 (3) (c) of the statutes is amended to read:
AB351,46,75 304.02 (3) (c) The institution social worker or the probation, community
6supervision
and parole agent of record has reason to believe the prisoner will be able
7to maintain himself or herself in society without engaging in assaultive activity.
AB351, s. 114 8Section 114. 304.02 (4) of the statutes is amended to read:
AB351,46,119 304.02 (4) If a person is sentenced under s. 973.032, he or she is eligible for a
10release to parole supervision under this section and remains in the intensive
11sanctions program unless discharged by the department under s. 301.048 (6) (a).
AB351, s. 115 12Section 115. 304.02 (5) of the statutes is amended to read:
AB351,46,1513 304.02 (5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life
14sentence under s. 939.62 (2m) or 973.014 (1) (c) or (1g) is not eligible for release to
15parole supervision under this section.
AB351, s. 116 16Section 116. 304.02 (6) of the statutes is created to read:
AB351,46,1917 304.02 (6) Notwithstanding subs. (1) to (3), a prisoner is not eligible for release
18to parole supervision under this section if he or she is serving a bifurcated sentence
19under s. 973.01.
AB351, s. 117 20Section 117. 304.06 (1) (b) of the statutes is amended to read:
AB351,47,1021 304.06 (1) (b) Except as provided in sub. (1m) or s. 302.045 (3), 961.49 (2),
22973.01 (6)
or 973.0135, the parole commission may parole an inmate of the Wisconsin
23state prisons or any felon or any person serving at least one year or more in a county
24house of correction or a county reforestation camp organized under s. 303.07, when
25he or she has served 25% of the sentence imposed for the offense, or 6 months,

1whichever is greater. Except as provided in s. 939.62 (2m) or 973.014 (1) (b) or (c),
2(1g) or (2)
, the parole commission may parole an inmate serving a life term when he
3or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject
4to extension using the formulas under s. 302.11 (2). The person serving the life term
5shall be given credit for time served prior to sentencing under s. 973.155, including
6good time under s. 973.155 (4). The secretary may grant special action parole
7releases under s. 304.02. The department or the parole commission shall not provide
8any convicted offender or other person sentenced to the department's custody any
9parole eligibility or evaluation until the person has been confined at least 60 days
10following sentencing.
AB351, s. 118 11Section 118. 304.06 (1y) of the statutes is amended to read:
AB351,47,1412 304.06 (1y) If a person is sentenced under s. 973.032, he or she is eligible for
13a release to parole supervision under this section and remains in the intensive
14sanctions program unless discharged by the department under s. 301.048 (6) (a).
AB351, s. 119 15Section 119. 304.062 (title) of the statutes is amended to read:
AB351,47,17 16304.062 (title) Ordering parolees and persons on community
17supervision
to perform community service work.
AB351, s. 120 18Section 120. 304.062 (1) of the statutes is amended to read:
AB351,48,219 304.062 (1) The department may order that a parolee or a person on community
20supervision
perform community service work for a public agency or a nonprofit
21charitable organization. An order may apply only if agreed to by the parolee or the
22person on community supervision
and the organization or agency. The department
23shall ensure that the parolee or the person on community supervision is provided a
24written statement of the terms of the community service order and shall monitor the

1parolee's compliance of the parolee or person on community supervision with the
2community service order.
AB351, s. 121 3Section 121. 304.062 (2) of the statutes is amended to read:
AB351,48,94 304.062 (2) Any organization or agency acting in good faith to which a parolee
5or person on community supervision is assigned under an order under this section
6has immunity from any civil liability in excess of $25,000 for acts or omissions by or
7impacting on the parolee or person on community supervision. The department has
8immunity from any civil liability for acts or omissions by or impacting on the parolee
9or person on community supervision regarding the assignment under this section.
AB351, s. 122 10Section 122. 304.063 (title) of the statutes is amended to read:
AB351,48,12 11304.063 (title) Notification prior to release on community supervision
12or
parole.
AB351, s. 123 13Section 123. 304.063 (2) (intro.) of the statutes is amended to read:
AB351,48,1914 304.063 (2) (intro.) Before a prisoner is released on parole under s. 302.11,
15304.02 or 304.06 or on community supervision under s. 302.113 or 302.114, if
16applicable, for a violation of s. 940.01, 940.03, 940.05, 940.225 (1) or (2), 948.02 (1)
17or (2), 948.025, 948.06 or 948.07, the department shall make a reasonable effort to
18notify all of the following persons, if they can be found, in accordance with sub. (3)
19and after receiving a completed card under sub. (4):
AB351, s. 124 20Section 124. 304.063 (3) of the statutes is amended to read:
AB351,48,2321 304.063 (3) The department shall make a reasonable effort to send the notice,
22postmarked at least 7 days before a prisoner is released on parole or community
23supervision
, to the last-known address of the persons under sub. (2).
AB351, s. 125 24Section 125. 304.071 (2) of the statutes is amended to read:
AB351,49,3
1304.071 (2) If a prisoner is not eligible for parole under s. 939.62 (2m), 961.49
2(2), 973.01 (6), 973.014 (1) (c) or (1g) or 973.032 (5), he or she is not eligible for parole
3under this section.
AB351, s. 126 4Section 126. 304.072 (title) of the statutes is amended to read:
AB351,49,6 5304.072 (title) Period of probation, community supervision or parole
6tolled.
AB351, s. 127 7Section 127. 304.072 (1) of the statutes is amended to read:
AB351,49,178 304.072 (1) If the department of corrections in the case of a parolee or,
9probationer or person on community supervision who is reinstated or waives a
10hearing or the division of hearings and appeals in the department of administration
11in the case of a hearing determines that a parolee or , probationer or person on
12community supervision
has violated the terms of his or her supervision, the
13department or division may toll all or any part of the period of time between the date
14of the violation and the date an order of revocation or reinstatement is entered,
15subject to credit according to the terms of s. 973.155 for any time the parolee or,
16probationer or person on community supervision spent confined in connection with
17the violation.
AB351, s. 128 18Section 128. 304.072 (2) of the statutes is amended to read:
AB351,49,2319 304.072 (2) If a parolee or, probationer or person on community supervision is
20alleged to have violated the terms of his or her supervision but the department or
21division determines that the alleged violation was not proven, the period between the
22alleged violation and the determination shall be treated as service of the
23probationary, community supervision or parole period.
AB351, s. 129 24Section 129. 304.072 (3) of the statutes is amended to read:
AB351,50,5
1304.072 (3) Except as provided in s. 973.09 (3) (b), the department preserves
2jurisdiction over a probationer or, parolee or person on community supervision if it
3commences an investigation, issues a violation report or issues an apprehension
4request concerning an alleged violation prior to the expiration of the probationer's
5or, parolee's or person's term of supervision.
AB351, s. 130 6Section 130. 304.072 (4) of the statutes is amended to read:
AB351,50,117 304.072 (4) The sentence of a revoked parolee or person on community
8supervision
resumes running on the day he or she is received at a correctional
9institution subject to sentence credit for the period of custody in a jail, correctional
10institution or any other detention facility pending revocation according to the terms
11of s. 973.155.
AB351, s. 131 12Section 131. 304.073 (2) of the statutes is amended to read:
AB351,50,1913 304.073 (2) Beginning on January 1, 1996, the department shall charge a fee
14to any probationer or, parolee or person on community supervision who is under
15minimum or administrative supervision and is supervised by the department. The
16fee does not apply if the person is supervised by a vendor under s. 301.08 (1) (c) 2.
17The department shall set the fee sufficient to cover the cost of supervision. The
18department shall collect moneys for the fee charged under this subsection and credit
19those moneys to the appropriation account under s. 20.410 (1) (ge).
AB351, s. 132 20Section 132. 304.074 (title) of the statutes is amended to read:
AB351,50,22 21304.074 (title) Reimbursement fee for persons on probation and,
22parole
, and community supervision.
AB351, s. 133 23Section 133. 304.074 (2) of the statutes is amended to read:
AB351,51,824 304.074 (2) Beginning on January 1, 1996, the department shall charge a fee
25to probationers and, parolees and persons on community supervision to partially

1reimburse the department for the costs of providing supervision and services. The
2department shall set varying rates for probationers and , parolees or persons on
3community supervision
based on ability to pay and with the goal of receiving at least
4$1 per day, if appropriate, from each probationer and , parolee and person on
5community supervision
. The department shall not charge a fee while the
6probationer or, parolee or person on community supervision is exempt under sub. (3).
7The department shall collect moneys for the fees charged under this subsection and
8credit those moneys to the appropriation account under s. 20.410 (1) (gf).
AB351, s. 134 9Section 134. 304.074 (3) (intro.) of the statutes is amended to read:
AB351,51,1210 304.074 (3) (intro.) The department may decide not to charge a fee under sub.
11(2) to any probationer or, parolee or person on community supervision while he or she
12meets any of the following conditions:
AB351, s. 135 13Section 135. 304.074 (3) (d) of the statutes is amended to read:
AB351,51,1614 304.074 (3) (d) Has a statement from a physician certifying to the department
15that the probationer or, parolee or person on community supervision should be
16excused from working for medical reasons.
AB351, s. 136 17Section 136. 304.074 (4) of the statutes is amended to read:
AB351,51,2018 304.074 (4) The fee under sub. (2) does not apply to any probationer or, parolee
19or person on community supervision who is under minimum or administrative
20supervision.
AB351, s. 137 21Section 137. 304.075 of the statutes is amended to read:
AB351,52,8 22304.075 (title) Probationer and parolee loan Loan fund for
23probationers, parolees and
persons on community supervision. The
24department shall create a revolving fund out of any moneys in its hands belonging
25to probationers and, parolees or persons on community supervision who absconded,

1or whose whereabouts are unknown. The fund shall be used to defray the expenses
2of clothing, transportation, maintenance and other necessities for probationers and,
3parolees and persons on community supervision who are without means to secure
4those necessities. All payments made from the fund shall be repaid by probationers
5or, parolees or persons on community supervision for whose benefit they are made
6whenever possible; and any moneys belonging to them so paid into the revolving fund
7shall be repaid to them in accordance with law, in case a claim therefor is filed with
8the department upon showing the legal right of the claimant to such money.
AB351, s. 138 9Section 138. 304.13 (1) (intro.) of the statutes is amended to read:
AB351,52,1410 304.13 (1) (intro.) That it shall be competent for the duly constituted judicial
11and administrative authorities of a sending state to permit any person convicted of
12an offense within the sending state and placed on probation or released on
13community supervision or parole to reside in any receiving state while on probation,
14community supervision
or parole, if:
AB351, s. 139 15Section 139. 304.13 (2) of the statutes is amended to read:
AB351,52,2016 304.13 (2) That each receiving state will assume the duties of visitation of and
17supervision over probationers, persons on community supervision or parolees of any
18sending state and in the exercise of those duties will be governed by the same
19standards that prevail for its own probationers, persons on community supervision
20and parolees.
AB351, s. 140 21Section 140. 304.13 (3) of the statutes is amended to read:
AB351,53,1022 304.13 (3) That the duly accredited officers of a sending state may at all times
23enter a receiving state and there apprehend and retake any person on probation,
24community supervision
or parole. For that purpose no formalities will be required
25other than establishing the authority of the officer and the identity of the person to

1be retaken. All legal requirements to obtain extradition of fugitives from justice are
2expressly waived on the part of states party hereto, as to such persons. The decision
3of the sending state to retake a person on probation, community supervision or parole
4shall be conclusive upon and not reviewable within the receiving state; provided,
5however, that if at the time when a state seeks to retake a probationer , person on
6community supervision
or parolee there should be pending against that person
7within the receiving state any criminal charge, or that person should be suspected
8of having committed within such state a criminal offense, that person shall not be
9retaken without the consent of the receiving state until discharged from prosecution
10or from imprisonment for such offense.
AB351, s. 141 11Section 141. 304.13 (7) of the statutes is amended to read:
AB351,53,1812 304.13 (7) That this compact shall continue in force and remain binding upon
13such ratifying state until renounced by it. The duties and obligations hereunder of
14a renouncing state shall continue as to parolees, persons on community supervision
15or probationers residing therein at the time of withdrawal or until finally discharged
16by the sending state. Renunciation of this compact shall be by the same authority
17which ratified it, by sending 6 months' notice in writing of its intention to withdraw
18the compact to the other states party thereto.
AB351, s. 142 19Section 142. 304.13 (8) (b) of the statutes is amended to read:
AB351,53,2220 304.13 (8) (b) "Sending state" means a party to this compact permitting its
21probationers, persons on community supervision and parolees to reside in a receiving
22state.
AB351, s. 143 23Section 143. 304.135 of the statutes is amended to read:
AB351,54,16 24304.135 (title) Out-of-state parolee supervision of parolees and
25persons on community supervision
without compact. The department may

1permit any person convicted of an offense within this state and placed on probation
2or released on community supervision or parole to reside in any other state not a
3party to the compact authorized by s. 304.13 whenever the authorities of the
4receiving state agree to assume the duties of visitation of and supervision over the
5probationer, person on community supervision or parolee, governed by the same
6standards that prevail for its own probationers, persons on community supervision
7and parolees, on the same terms as are provided in s. 304.13 (1) and (2) in the case
8of states signatory to the compact. Before permitting any probationer , person on
9community supervision
or parolee to leave this state under this section, the
10department shall obtain from him or her a signed agreement to return to this state
11upon demand of the department and an irrevocable waiver of all procedure
12incidental to extradition. The department may, in like manner, receive for
13supervision probationers, persons on community supervision and parolees convicted
14in states not signatory to the compact, and shall have the same custody and control
15of those persons as it has over probationers, persons on community supervision and
16parolees of this state.
AB351, s. 144 17Section 144. 304.137 of the statutes is amended to read:
AB351,55,2 18304.137 Determination concerning submission of human biological
19specimen.
If the department accepts supervision of a probationer , person on
20community supervision
or parolee from another state under s. 304.13 or 304.135, the
21department shall determine whether the violation of law for which the person is on
22probation, community supervision or parole is comparable to a violation of s. 940.225
23(1) or (2), 948.02 (1) or (2) or 948.025. If the department determines that a person
24on probation, community supervision or parole from another state violated a law that
25is comparable to a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025, the

1department shall direct the probationer, person on community supervision or
2parolee to provide a biological specimen under s. 165.76.
AB351, s. 145 3Section 145. 304.14 of the statutes is amended to read:
AB351,55,12 4304.14 (title) Cooperative return of parole , community supervision and
5probation violators.
The secretary may deputize any person regularly employed
6by another state to act as an officer and agent of this state in effecting the return of
7any person who has violated the terms and conditions of parole, community
8supervision
or probation as granted by this state. In any matter relating to the
9return of such person, any agent so deputized shall have all the powers of a police
10officer of this state. Any deputization pursuant to this section shall be in writing and
11any person authorized to act as an agent under this section shall carry formal
12evidence of the deputization and shall produce the same upon demand.
AB351, s. 146 13Section 146. 341.605 (3) of the statutes is amended to read:
AB351,55,1514 341.605 (3) Whoever violates sub. (1) or (2) may be fined not more than $5,000
15or imprisoned for not more than 5 7 years and 6 months, or both, for each violation.
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