AB831,11,2218 303.08 (12) In counties having a house of correction, any person violating the
19privilege granted under sub. (1) may be transferred by the county jailer to the house
20of correction for the remainder of the term of the person's sentence or, if applicable,
21the remainder of the person's confinement sanction under s. 302.113 (8m) or 302.114
22(8m) or 302.115.
AB831,27 23Section 27 . 304.06 (3) of the statutes is amended to read:
AB831,11,2524 304.06 (3) (a) Every paroled prisoner remains in the legal custody of the
25department unless otherwise provided by the department.
AB831,12,5
1(b) If the department alleges that any condition or rule of parole has been
2violated by the prisoner, the department may take physical custody of the prisoner
3for the investigation of the alleged violation. If the department is satisfied that any
4condition or rule of parole has been violated it shall afford the prisoner such
5administrative hearings as are required by law.
AB831,12,9 6(c) Unless waived by the parolee, the final administrative hearing shall be held
7before a hearing examiner from the division of hearings and appeals in the
8department of administration who is licensed to practice law in this state. The
9hearing examiner shall enter an order revoking or not revoking parole under par. (g).
AB831,12,11 10(d) Upon request by either party, the administrator of the division of hearings
11and appeals in the department of administration shall review the order.
AB831,12,14 12(e) The hearing examiner may order that a deposition be taken by audiovisual
13means and allow the use of a recorded deposition under s. 967.04 (7) to (10) in a
14hearing under this subsection
.
AB831,12,16 15(f) If the parolee waives the final administrative hearing, the secretary of
16corrections
shall enter an order revoking or not revoking parole.
AB831,12,22 17(g) If the examiner, the administrator upon review, or the secretary in the case
18of a waiver finds that the prisoner has violated the rules or conditions of parole, the
19examiner, the administrator upon review, or the secretary in the case of a waiver,
20may order the prisoner returned to prison to continue serving his or her sentence, or
21to continue on parole. The hearing examiner, administrator, or secretary may not
22revoke parole under this subsection unless one of the following applies:
AB831,12,25 23(h) If the prisoner claims or appears to be indigent, the department shall refer
24the prisoner to the authority for indigency determinations specified under s. 977.07
25(1).
AB831,28
1Section 28. 304.06 (3) (g) 1. to 5. of the statutes are created to read:
AB831,13,32 304.06 (3) (g) 1. The person has committed 3 or more independent violations
3while released on parole.
AB831,13,54 2. The condition that the person violated was a condition that the person not
5contact any specified individual.
AB831,13,66 3. The person was required to register as a sex offender under s. 301.45.
AB831,13,87 4. When the person violated the condition of parole, the person also allegedly
8committed a crime.
AB831,13,99 5. The person absconded, as defined in s. 302.11 (7) (ag) 1.
AB831,29 10Section 29 . 304.06 (3g) of the statutes is repealed.
AB831,30 11Section 30. 808.075 (4) (g) 3. of the statutes is amended to read:
AB831,13,1312 808.075 (4) (g) 3. Imposition of sentence upon revocation of probation under s.
13973.10 (2) (a) (bm) 2. a.
AB831,31 14Section 31 . 950.04 (1v) (vg) of the statutes is amended to read:
AB831,13,1815 950.04 (1v) (vg) To have the department of corrections make a reasonable
16attempt to notify the victim, pursuant to s. 302.107, of a revocation of parole or of
17release to extended supervision under s. 302.11 (7), 302.113 (9), 302.114 (9), or 304.06
18(3) or (3g).
AB831,32 19Section 32. 973.10 (2) (intro.) of the statutes is renumbered 973.10 (2) (am)
20and amended to read:
AB831,14,321 973.10 (2) (am) If a probationer violates the conditions of probation, the
22department of corrections may initiate a proceeding before the division of hearings
23and appeals in the department of administration. Unless waived by the probationer,
24a hearing examiner for the division shall conduct an administrative hearing and
25enter an order either revoking or not revoking probation. Upon request of either

1party, the administrator of the division shall review the order. If the probationer
2waives the final administrative hearing, the secretary of corrections shall enter an
3order either revoking or not revoking probation.
AB831,14,4 4(bm) 2. If probation is revoked, the department shall do one of the following:
AB831,33 5Section 33. 973.10 (2) (a) and (b) of the statutes are renumbered 973.10 (2)
6(bm) 2. a. and b.
AB831,34 7Section 34 . 973.10 (2) (bm) 1. of the statutes is created to read:
AB831,14,98 973.10 (2) (bm) 1. Probation may not be revoked unless one of the following
9applies:
AB831,14,1010 a. The person committed 3 or more independent violations while on probation.
AB831,14,1211 b. The condition that the person violated was a condition that the person not
12contact any specified individual.
AB831,14,1313 c. The person was required to register as a sex offender under s. 301.45.
AB831,14,1514 d. When the person violated the condition of probation, the person also
15allegedly committed a crime.
AB831,14,1616 e. The person absconded, as defined in s. 302.113 (9) (ag) 1.
AB831,35 17Section 35 . 973.10 (2s) of the statutes is repealed.
AB831,36 18Section 36. Initial applicability.
AB831,14,2019 (1) This act first applies to an order entered on the effective date of this
20subsection.
AB831,14,2121 (End)
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