304.063 Notification prior to release on parole.
304.065 Offender release information.
304.072 Period of probation or parole tolled.
304.073 Administrative and minimum supervision.
304.074 Reimbursement fee for persons on probation and parole.
304.075 Probationer and parolee loan fund.
304.078 Civil rights restored to convicted persons satisfying sentence.
304.08 Applications for pardon; regulations.
304.09 Notice of pardon application.
304.10 Pardon application papers; victim's statement.
304.11 Conditional pardon; enforcement.
304.115 Emergency removal.
304.12 Execution and record of warrants.
304.13 Uniform act for out-of-state parolee supervision; state compacts.
304.135 Out-of-state parolee supervision without compact.
304.137 Determination concerning submission of human biological specimen.
304.14 Cooperative return of parole and probation violators.
304.15 Nonapplicability of chapter.
Ch. 304 Cross-reference
Cross-reference: See definitions in s.
301.01.
304.01
304.01
Parole commission and commission chairperson; general duties. 304.01(1)(1) The chairperson of the parole commission shall administer and supervise the commission and its activities and shall be the final parole granting authority, except as provided in
s. 304.02.
304.01(2)
(2) The parole commission shall conduct regularly scheduled interviews to consider the parole of eligible inmates of the adult correctional institutions under the control of the department of corrections, eligible inmates transferred under
ch. 51 and under the control of the department of health and family services and eligible inmates in any county house of correction. The department of corrections shall provide all of the following to the parole commission:
304.01(2)(a)
(a) Records relating to inmates which are in the custody of the department and are necessary to the conduct of the commission's responsibilities.
304.01(2)(b)
(b) Scheduling assistance for parole interviews at the correctional institutions.
304.01(2)(c)
(c) Clerical support related to the parole interviews.
304.01(2)(d)
(d) Appropriate physical space at the correctional institutions to conduct the parole interviews.
304.01 History
History: 1989 a. 31;
1995 a. 27 s.
9126 (19).
304.02
304.02
Special action parole release. 304.02(1)
(1) The department shall use a special action release program to relieve crowding in state prisons by releasing certain prisoners to parole supervision using a procedure other than mandatory release under
s. 302.11 or release under
s. 304.06 (1) (b).
304.02(2)
(2) The department shall promulgate rules for the special action release program, including eligibility criteria, procedures for the secretary to decide whether to grant a prisoner a special action release to parole supervision, procedures for notifying persons, offices or agencies under
s. 304.06 (1) (c) and
(g) of releases, and conditions of release. If applicable, the department shall also comply with
s. 304.063.
304.02(3)
(3) Notwithstanding any eligibility criteria prescribed by department rule, a prisoner is eligible for special action release to parole supervision without meeting the eligibility criteria if all of the following conditions are met:
304.02(3)(a)
(a) The prisoner population equals or exceeds the statewide prisoner population limit promulgated by rule under
s. 301.055.
304.02(3)(b)
(b) The prisoner is not currently incarcerated regarding a felony conviction for an assaultive crime.
304.02(3)(c)
(c) The institution social worker or the probation and parole agent of record has reason to believe the prisoner will be able to maintain himself or herself in society without engaging in assaultive activity.
304.02(3)(d)
(d) The inmate is not granted a special action release more than 18 months before his or her expected release date under
s. 302.11.
304.02(4)
(4) If a person is sentenced under
s. 973.032, he or she is eligible for a release to parole supervision under this section and remains in the intensive sanctions program unless discharged by the department under
s. 301.048 (6).
304.06
304.06
Paroles from state prisons and house of correction. 304.06(1)(a)1.
1. "Member of the family" means spouse, child, sibling, parent or legal guardian.
304.06(1)(a)2.
2. "Victim" means a person against whom a crime has been committed.
304.06(1)(b)
(b) Except as provided in
sub. (1m) or
s. 302.045 (3),
961.49 (2) or
973.0135, the parole commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under
s. 303.07, when he or she has served 25% of the sentence imposed for the offense, or 6 months, whichever is greater. Except as provided in
s. 939.62 (2m) or
973.014, the parole commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under
s. 302.11 (1) and subject to extension using the formulas under
s. 302.11 (2). The person serving the life term shall be given credit for time served prior to sentencing under
s. 973.155, including good time under
s. 973.155 (4). The secretary may grant special action parole releases under
s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing.
304.06(1)(c)
(c) If an inmate applies for parole under this subsection, the parole commission shall notify the following, if they can be found, in accordance with
par. (d):
304.06(1)(c)1.
1. The office of the court that participated in the trial or that accepted the inmate's plea of guilty or no contest, whichever is applicable.
304.06(1)(c)2.
2. The office of the district attorney that participated in the trial of the inmate or that prepared for proceedings under
s. 971.08 regarding the inmate's plea of guilty or no contest, whichever is applicable.
304.06(1)(c)3.
3. The victim of the crime committed by the inmate or, if the victim died as a result of the crime, an adult member of the victim's family or, if the victim is younger than 18 years old, the victim's parent or legal guardian, upon submission of a card under
par. (f) requesting notification.
304.06(1)(d)1.1. The notice under
par. (c) shall inform the offices and persons under
par. (c) 1. to
3. of the manner in which they may provide written statements under this subsection and inform persons under
par. (c) 3. who are victims, or family members of victims, of crimes specified in
s. 940.01,
940.03,
940.05,
940.225 (1) or
(2),
948.02 (1) or
(2),
948.025,
948.06 or
948.07 of the manner in which they may have direct input in the parole decision-making process under
par. (em). The parole commission shall provide notice under this paragraph for an inmate's first application for parole and, upon request, for subsequent applications for parole.
304.06(1)(d)2.
2. The notice shall be by 1st class mail to an office's or a person's last-known address sent at least 3 weeks before the interview or hearing upon the parole application.
304.06(1)(d)3.
3. The notice shall state the name of the inmate, the date and term of the sentence and the date when the written statement must be received in order to be considered. If the notice is to an office under
par. (c) 1. or
2., the notice shall also state the crime of which the inmate was convicted.
304.06(1)(d)3m.
3m. If applicable, the notice shall state the manner in which the person may have direct input in the parole decision-making process.
304.06(1)(d)4.
4. If the notice is for a first application for parole, the notice shall inform the offices and persons under
par. (c) 1. to
3. that notification of subsequent applications for parole will be provided only upon request.
304.06(1)(e)
(e) The parole commission shall permit any office or person under
par. (c) 1. to
3. to provide written statements. The parole commission shall give consideration to any written statements provided by any such office or person and received on or before the date specified in the notice. This paragraph does not limit the authority of the parole commission to consider other statements or information that it receives in a timely fashion.
304.06(1)(f)
(f) The parole commission shall design and prepare cards for persons specified in
par. (c) 3. to send to the commission. The cards shall have space for these persons to provide their names and addresses, the name of the applicable prisoner and any other information the parole commission determines is necessary. The parole commission shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in
par. (c) 3. These persons may send completed cards to the parole commission. All commission records or portions of records that relate to mailing addresses of these persons are not subject to inspection or copying under
s. 19.35 (1). Before any written statement of a person specified in
par. (c) 3. is made a part of the documentary record considered in connection with a parole hearing under this section, the parole commission shall obliterate from the statement all references to the mailing addresses of the person.
304.06(1)(g)
(g) Before a person is released on parole under this subsection, the parole commission shall so notify the municipal police department and the county sheriff for the area where the person will be residing. The notification requirement under this paragraph does not apply if a municipal department or county sheriff submits to the parole commission a written statement waiving the right to be notified. If applicable, the department shall also comply with
s. 304.063.
304.06(1m)
(1m) The parole commission may waive the 25% or 6-month service of sentence requirement under
sub. (1) (b) under any of the following circumstances:
304.06(1m)(a)
(a) If it determines that extraordinary circumstances warrant an early release and the sentencing court has been notified and permitted to comment upon the proposed recommendation.
304.06(1m)(b)
(b) If the department recommends that the person be placed on parole that includes the condition under
sub. (1x) and the commission orders that condition.
304.06(1x)
(1x) The parole commission may require as a condition of parole that the person is placed in the intensive sanctions program under
s. 301.048. In that case, the person is in the legal custody of the department under that section and is subject to revocation of parole under
sub. (3).
304.06(1y)
(1y) If a person is sentenced under
s. 973.032, he or she is eligible for a release to parole supervision under this section and remains in the intensive sanctions program unless discharged by the department under
s. 301.048 (6).
304.06(2)
(2) No prisoner under
sub. (1) may be paroled until the parole commission is satisfied that the prisoner has adequate plans for suitable employment or to otherwise sustain himself or herself. The paroled prisoner shall report to the department in such manner and at such times as it requires.
304.06(3)
(3) Every paroled prisoner remains in the legal custody of the department unless otherwise provided by the department. If the department alleges that any condition or rule of parole has been violated by the prisoner, the department may take physical custody of the prisoner for the investigation of the alleged violation. If the department is satisfied that any condition or rule of parole has been violated it shall afford the prisoner such administrative hearings as are required by law. Unless waived by the parolee, the final administrative hearing shall be held before a hearing examiner from the division of hearings and appeals in the department of administration who is licensed to practice law in this state. The hearing examiner shall enter an order revoking or not revoking parole. Upon request by either party, the administrator of the division of hearings and appeals shall review the order. The hearing examiner may order the taking and allow the use of a videotaped deposition under
s. 967.04 (7) to
(10). If the parolee waives the final administrative hearing, the secretary of corrections shall enter an order revoking or not revoking parole. If the examiner, the administrator upon review, or the secretary in the case of a waiver finds that the prisoner has violated the rules or conditions of parole, the examiner, the administrator upon review, or the secretary in the case of a waiver, may order the prisoner returned to prison to continue serving his or her sentence, or to continue on parole. If the prisoner claims or appears to be indigent, the department shall refer the prisoner to the authority for indigency determinations specified under
s. 977.07 (1).
304.06(3d)
(3d) Upon demand prior to a revocation hearing under
sub. (3), the district attorney shall disclose to a defendant the existence of any videotaped oral statement of a child under
s. 908.08 which is within the possession, custody or control of the state and shall make reasonable arrangements for the defendant and defense counsel to view the videotaped statement. If, subsequent to compliance with this subsection, the state obtains possession, custody or control of such a videotaped statement, the district attorney shall promptly notify the defendant of that fact and make reasonable arrangements for the defendant and defense counsel to view the videotaped statement.
304.06(3e)
(3e) The division of hearings and appeals in the department of administration shall make either an electronic or stenographic record of all testimony at each parole revocation hearing. The division shall prepare a written transcript of the testimony only at the request of a judge who has granted a petition for judicial review of the revocation decision. Each hearing notice shall include notice of the provisions of this subsection and a statement that any person who wants a written transcript may record the hearing at his or her own expense.
304.06(3m)
(3m) If the convicting court is informed by the department that a prisoner on parole has absconded and that the prisoner's whereabouts are unknown, the court may issue a capias for execution by the sheriff.
304.06(4)(a)(a) If any person convicted of a misdemeanor or traffic offense, any person convicted of a criminal offense and sentenced to 2 years or less in a house of correction or any person committed to a house of correction for treatment and rehabilitation for addiction to a controlled substance or controlled substance analog under
ch. 961, during the period of confinement or treatment appears to have been rehabilitated or cured to the extent, in the opinion of the superintendent of the house of correction or the person in charge of treatment and rehabilitation of a prisoner at that institution, that the prisoner may be released, the prisoner may be released upon conditional parole. Before a person is released on conditional parole under this paragraph, the superintendent or person in charge of treatment and rehabilitation shall so notify the municipal police department and county sheriff for the area where the person will be residing. The notification requirement does not apply if a municipal department or county sheriff submits to the department a written statement waiving the right to be notified.
304.06(4)(b)
(b) Application for such conditional parole shall be made in writing by the superintendent of the house of correction to the court of commitment stating the facts justifying the application. The court shall proceed to take testimony in support of the application. If the judge is satisfied from the evidence that there is good reason to believe that the prisoner has been rehabilitated or cured to the extent that he or she may be released and that proper provision for employment and residence has been made for the prisoner, the judge may order the prisoner's release on parole to the superintendent of the house of correction, on such conditions to be stated in the order of release as the judge determines. In the event of violation of any such conditions by the prisoner, he or she shall be returned to the court and may be recommitted to the house of correction to serve the remainder of his or her sentence or for further treatment.
304.06 History
History: 1971 c. 125,
219;
1973 c. 90,
198,
333;
1975 c. 156,
199;
1977 c. 29,
353,
418,
449;
1979 c. 356;
1981 c. 266;
1983 a. 27,
64,
197,
528,
538;
1985 a. 262 s.
8;
1987 a. 244 ss.
1 to
3,
7;
1987 a. 412;
1989 a. 31 ss.
1699 to
1700p; Stats. 1989 s. 304.06;
1989 a. 107,
122;
1991 a. 39;
1993 a. 79,
89,
97,
178,
194,
227,
289,
377,
479,
491;
1995 a. 27,
77,
352,
387,
444,
448; s. 13.93 (2) (c).
304.06 Annotation
Amendment to s. 57.06 (1), 1987 stats. [now s. 304.06 (1)] by ch. 90, laws of 1973, did not restore right of trial court to fix minimum sentences. Ch. 90 did not remove 1 yr. period under ss. 973.02 and 973.15. Edelman v. State, 62 W (2d) 613, 215 NW (2d) 386.
304.06 Annotation
A certiorari proceeding in the committing court to review a revocation of parole or probation is not a criminal proceeding. Contrary language in State ex rel. H&SS Dept. v. Circuit Court, 57 W (2d) 329, is withdrawn. State ex rel. Hanson v. H&SS Dept. 64 W (2d) 367, 219 NW (2d) 267.
304.06 Annotation
See note to Art. I, sec. 12, citing State ex rel. Mueller v. Powers, 64 W (2d) 643, 221 NW (2d) 692, concerning ex post facto legislation.
304.06 Annotation
Refusal of parole board to grant discretionary parole is subject to judicial review. Failure to notify prisoner of standards and criteria applied to parole application constituted denial of due process. State ex rel. Tyznik v. H&SS Dept. 71 W (2d) 169, 238 NW (2d) 66.
304.06 Annotation
Every violation of probation or parole does not result in automatic revocation. Snajder v. State, 74 W (2d) 303, 246 NW (2d) 665.
304.06 Annotation
See note to Art. I, sec. 8, citing State ex rel. Struzik v. H&SS Dept. 77 W (2d) 216, 252 NW (2d) 660.
304.06 Annotation
See note to Art. I, sec. 8, citing State ex rel. Flowers v. H&SS Dept. 81 W (2d) 376, 260 NW (2d) 727.
304.06 Annotation
Presentence incarceration due to indigency must be credited towards a life sentence for the purpose of determining eligibility for parole. Wilson v. State, 82 W (2d) 657, 264 NW (2d) 234.
304.06 Annotation
Parole agent's failure to act on knowledge of similar prior violations did not preclude revocation. Van Ermen v. H&SS Dept. 84 W (2d) 57, 267 NW (2d) 17 (1978).
304.06 Annotation
Prison inmates subject to parole rescission are entitled to Morrissey-Gagnon due process. State ex rel. Klinke v. H&SS Dept. 87 W (2d) 110, 273 NW (2d) 379 (Ct. App. 1978).
304.06 Annotation
Secretary's authority to revoke under s. 57.06 (3), 1987 stats. [now s. 304.06 (3)] cannot be bound by agent's representations. State ex rel. Lewis v. H&SS Dept. 89 W (2d) 220, 278 NW (2d) 232 (Ct. App. 1979).
304.06 Annotation
Parole violation may not be proved entirely by unsubstantiated hearsay testimony. State ex rel. Henschel v. H&SS Dept. 91 W (2d) 268, 280 NW (2d) 785 (Ct. App. 1979).
304.06 Annotation
See note to Art. I, sec. 1, citing State v. Aderhold, 91 W (2d) 306, 284 NW (2d) 108 (Ct. App. 1979).
