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.
AB831,1,11 1An Act to repeal 302.113 (8m) (b), 304.06 (3g) and 973.10 (2s); to renumber
2302.113 (8m) (a) and 973.10 (2) (a) and (b); to renumber and amend 302.11
3(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),
5302.113 (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)
81. 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
of Corrections.
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:
AB831,1 1Section 1 . 20.410 (1) (a) of the statutes is amended to read:
AB831,3,32 20.410 (1) (a) General program operations. The amounts in the schedule to
3operate institutions and provide field services and administrative services. No
4payments may be made under this paragraph for payments in accordance with other

1states 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.
AB831,2 4Section 2 . 20.410 (1) (ab) of the statutes is amended to read:
AB831,3,115 20.410 (1) (ab) Corrections contracts and agreements. The amounts in the
6schedule for payments made in accordance with contracts entered into under ss.
7301.21, 302.25, and 302.27 (1), contracts entered into with the federal government
8under 18 USC 5003, and intra-agency agreements relating to the placement of
9prisoners. Annually, there is transferred from this appropriation account to the
10appropriation account under par. (kj) the cost savings reported under s. 301.03 (6s)
11(b) 4.
AB831,3 12Section 3 . 20.410 (1) (kj) of the statutes is created to read:
AB831,3,1613 20.410 (1) (kj) Recidivism reduction services. All moneys transferred from the
14appropriation accounts under pars. (a) and (ab) to provide services to persons who
15are on probation, or who are soon to be or are currently on parole or extended
16supervision, following a felony conviction, in an effort to reduce recidivism.
AB831,4 17Section 4 . 301.03 (6s) of the statutes is created to read:
AB831,3,1818 301.03 (6s) (a) In this subsection, “recidivism” means any of the following:
AB831,3,2019 1. A return to prison upon revocation of extended supervision, parole, or
20probation.
AB831,3,2221 2. A conviction for a crime that was committed within 3 years of release from
22confinement.
AB831,4,223 (b) No later than June 15 each year, submit a report on revocations of parole,
24extended supervision, and probation to the governor, the chief clerk of each house of
25the legislature for distribution to the appropriate standing committees under s.

113.172 (3), and the director of state courts. The report shall include all of the
2following data:
AB831,4,53 1. The rate of recidivism among probationers, parolees, and persons on
4extended supervision by region and demographics, including the level of the
5recidivism event.
AB831,4,76 2. The number of and reason for revocations of probation, parole, and extended
7supervision by region and demographics.
AB831,4,88 3. The number and lengths of short-term sanctions imposed under s. 302.115.
AB831,4,109 4. An accounting of the cost savings for the preceding 12-month period that
10resulted from the use of short-term sanctions in lieu of revocations.
AB831,5 11Section 5 . 301.035 (2) of the statutes is amended to read:
AB831,4,1412 301.035 (2) Assign hearing examiners from the division to preside over
13hearings under ss. 302.11 (7), 302.113 (9), 302.114 (9), 302.115, 938.357 (5), 973.10
14and 975.10 (2) and ch. 304.
AB831,6 15Section 6 . 302.107 (2) of the statutes is amended to read:
AB831,4,2016 302.107 (2) 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
18reasonable effort to send a notice of the revocation to a victim of an offense committed
19by the inmate, if the victim can be found, in accordance with sub. (3) and after
20receiving a completed card under sub. (4).
AB831,7 21Section 7 . 302.11 (7) (ag) of the statutes is renumbered 302.11 (7) (ag) (intro.)
22and amended to read:
AB831,4,2323 302.11 (7) (ag) (intro.) In this subsection “ reviewing:
AB831,5,3
13. “Reviewing authority" means the division of hearings and appeals in the
2department of administration, upon proper notice and hearing, or the department
3of corrections, if the parolee waives a hearing.
AB831,8 4Section 8 . 302.11 (7) (ag) 1. of the statutes is created to read:
AB831,5,65 302.11 (7) (ag) 1. “Abscond” means to fail to report or make oneself available
6for supervision for a period of more than 60 consecutive days.
AB831,9 7Section 9 . 302.11 (7) (am) of the statutes is renumbered 302.11 (7) (am) 1.
8(intro.) and amended to read:
AB831,5,129 302.11 (7) (am) 1. (intro.) The reviewing authority may not return a parolee
10released 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:
AB831,5,14 13(ag) 2. “Remainder of the sentence is” means the entire sentence, less time
14served in custody prior to parole.
AB831,5,18 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.
The
17revocation order shall provide the parolee with credit in accordance with ss. 304.072
18and 973.155.
AB831,10 19Section 10 . 302.11 (7) (am) 1. a. to e. of the statutes are created to read:
AB831,5,2120 302.11 (7) (am) 1. a. The person committed 3 or more independent violations
21while released on parole.
AB831,5,2322 b. The condition that the person violated was a condition that the person not
23contact any specified individual.
AB831,5,2424 c. The person was required to register as a sex offender under s. 301.45.
AB831,6,2
1d. When the person violated the condition of parole, the person also allegedly
2committed a crime.
AB831,6,33 e. The person absconded.
AB831,11 4Section 11 . 302.113 (8m) (a) of the statutes is renumbered 302.113 (8m).
AB831,12 5Section 12 . 302.113 (8m) (b) of the statutes is repealed.
AB831,13 6Section 13. 302.113 (9) (ag) of the statutes is renumbered 302.113 (9) (ag)
7(intro.) and amended to read:
AB831,6,88 302.113 (9) (ag) (intro.) In this subsection “ reviewing:
AB831,6,11 93. “Reviewing authority" means the division of hearings and appeals in the
10department of administration, upon proper notice and hearing, or the department
11of corrections, if the person on extended supervision waives a hearing.
AB831,14 12Section 14. 302.113 (9) (ag) 1. and 2. of the statutes are created to read:
AB831,6,1413 302.113 (9) (ag) 1. “Abscond” means to fail to report or make oneself available
14for supervision for a period of more than 60 consecutive days.
AB831,6,1515 2. “Crime" has the meaning given in s. 939.12.
AB831,15 16Section 15. 302.113 (9) (am) of the statutes is renumbered 302.113 (9) (am) 1.
17(intro.) and amended to read:
AB831,6,2118 302.113 (9) (am) 1. (intro.) If a person released to extended supervision under
19this section violates a condition of extended supervision, the reviewing authority
20may not revoke the extended supervision of the person. unless one of the following
21applies:
AB831,6,25 222. If the extended supervision of the person is revoked under subd. 1., the
23reviewing authority shall order the person to be returned to prison for any specified
24period of time that does not exceed the time remaining on the bifurcated sentence.
25The time
AB831,7,5
1(ag) 4. “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.
AB831,7,8 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.
AB831,16 9Section 16 . 302.113 (9) (am) 1. a. to e. of the statutes are created to read:
AB831,7,1110 302.113 (9) (am) 1. a. The person committed 3 or more independent violations
11during his or her term of extended supervision.
AB831,7,1312 b. The condition that the person violated was a condition that the person not
13contact any specified individual.
AB831,7,1414 c. The person was required to register as a sex offender under s. 301.45.
AB831,7,1615 d. When the person violated the condition of extended supervision, the person
16also allegedly committed a crime.
AB831,7,1717 e. The person absconded.
AB831,17 18Section 17. 302.113 (9) (b) of the statutes is amended to read:
AB831,8,219 302.113 (9) (b) A person who is returned to prison after revocation of extended
20supervision shall be incarcerated for the entire period of time specified by the order
21under par. (am) 2. The period of time specified under par. (am) 2. may be extended
22in accordance with sub. (3). If a person is returned to prison under par. (am) 2. for
23a period of time that is less than the time remaining on the bifurcated sentence, the
24person shall be released to extended supervision after he or she has served the period

1of time specified by the order under par. (am) 2. and any periods of extension imposed
2in accordance with sub. (3).
AB831,18 3Section 18. 302.113 (9) (c) of the statutes is amended to read:
AB831,8,124 302.113 (9) (c) A person who is subsequently released to extended supervision
5after service of the period of time specified by the order under par. (am) 2. is subject
6to all conditions and rules under sub. (7) and, if applicable, sub. (7m) until the
7expiration of the time remaining extended supervision portion of on the bifurcated
8sentence. The remaining extended supervision portion of the bifurcated sentence is
9the total length of the bifurcated sentence, less the time served by the person in
10confinement under the bifurcated sentence before release to extended supervision
11under sub. (2) and less all time served in confinement for previous revocations of
12extended supervision under the bifurcated sentence.
AB831,19 13Section 19 . 302.114 (9) (ag) of the statutes is amended to read:
AB831,8,1514 302.114 (9) (ag) In this subsection “reviewing authority" has the meaning given
15in s. 302.113 (9) (ag) 3.
AB831,20 16Section 20 . 302.115 of the statutes is created to read:
AB831,8,18 17302.115 Sanctions for violation of condition of probation, parole, or
18extended supervision.
(1) In this section:
AB831,8,2019 (a) “Abscond” means to fail to report or make oneself available for supervision
20for a period of more than 60 consecutive days.
AB831,8,2321 (b) “Reviewing authority” means the division of hearings and appeals in the
22department of administration or, if a hearing is waived under par. (5), the
23department.
Loading...
Loading...