AB660: Bill Text

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AB660, s. 31 Section 31. 973.10 (2) of the statutes is repealed and recreated to read: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