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 v. Circuit Court, 57 W (2d) 329, is withdrawn.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).
304.06 Annotation See note to Art. I, sec. 8, citing State ex rel. Alvarez v. Lotter, 91 W (2d) 329, 283 NW (2d) 408 (Ct. App. 1979).
304.06 Annotation See note to 973.15, citing State v. Stuhr, 92 W (2d) 46, 284 NW (2d) 459 (Ct. App. 1979).
304.06 Annotation Inmate who entered into Mutual Agreement Program (MAP) "contract" for discretionary parole may not bring civil action for breach of contract. Coleman v. Percy, 96 W (2d) 578, 292 NW (2d) 615 (1980).
304.06 Annotation Mandatory release parole violator may be required to serve beyond final discharge date originally set by court. State ex rel. Bieser v. Percy, 97 W (2d) 702, 295 NW (2d) 179 (Ct. App. 1980).
304.06 Annotation See note to 302.12, citing Parker v. Percy, 105 W (2d) 486, 314 NW (2d) 166 (Ct. App. 1981).
304.06 Annotation See note to Art. VII, sec. 8, citing State v. Spanbauer, 108 W (2d) 548, 322 NW (2d) 511 (Ct. App. 1982).
304.06 Annotation Due process was not violated by holding two revocation hearings dealing with same conduct where first hearing was based on facts and second hearing was based on conviction. State ex rel. Leroy v. H&SS Dept. 110 W (2d) 291, 329 NW (2d) 229 (Ct. App. 1982).
304.06 Annotation Sub. (1r) creates a presumption for parole for inmates who obtain a high school equivalency diploma that does not otherwise apply; to give effect to that presumption, a substantively different standard must be applied than in ordinary parole cases under sub. (1) (b). Hansen v. Dane County Circuit Ct. 181 W (2d) 993, 513 NW (2d) 139 (Ct. App. 1994).
304.06 Annotation When probationer or parolee is charged with a crime and may have otherwise violated conditions of release, revocation hearings based on the non-criminal violations should be held without delay. 65 Atty. Gen. 20.
304.06 Annotation Convict has no constitutional right to be paroled. Greenholtz v. Nebraska Penal Inmates, 442 US 1 (1979).
304.06 Annotation Probation and parole revocation in Wisconsin. 1977 WLR 503.
304.062 304.062 Ordering parolees to perform community service work.
304.062(1)(1) The department may order that a parolee perform community service work for a public agency or a nonprofit charitable organization. An order may apply only if agreed to by the parolee and the organization or agency. The department shall ensure that the parolee is provided a written statement of the terms of the community service order and shall monitor the parolee's compliance with the community service order.
304.062(2) (2) Any organization or agency acting in good faith to which a parolee is assigned under an order under this section has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the parolee. The department has immunity from any civil liability for acts or omissions by or impacting on the parolee regarding the assignment under this section.
304.062 History History: 1995 a. 96.
304.063 304.063 Notification prior to release on parole.
304.063(1) (1) In this section:
304.063(1)(a) (a) "Member of the family" means spouse, child, sibling, parent or legal guardian.
304.063(1)(b) (b) "Victim" means a person against whom a crime has been committed.
304.063(2) (2) Before a prisoner is released on parole under s. 302.11, 304.02 or 304.06, if applicable, for a violation of s. 940.01, 940.03, 940.05, 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06 or 948.07, the department shall make a reasonable effort to notify all of the following persons, if they can be found, in accordance with sub. (3) and after receiving a completed card under sub. (4):
304.063(2)(a) (a) The victim of the crime committed by the prisoner 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.
304.063(2)(b) (b) Any witness who testified against the prisoner in any court proceeding involving the offense.
304.063(3) (3) The department shall make a reasonable effort to send the notice, postmarked at least 7 days before a prisoner is released on parole, to the last-known address of the persons under sub. (2).
304.063(4) (4) The department shall design and prepare cards for any person specified in sub. (2) to send to the department. The cards shall have space for any such person to provide his or her name and address, the name of the applicable prisoner and any other information the department determines is necessary. The department shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in sub. (2). These persons may send completed cards to the department. All department 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).
304.063 History History: 1993 a. 97, 227, 479, 491.
304.065 304.065 Offender release information. The department shall obtain computer software and use the software to provide local law enforcement agencies with information regarding offenders who have been released to or placed in the agencies' jurisdictions.
304.065 History History: 1993 a. 98.
304.071 304.071 Military parole.
304.071(1)(1) The parole commission may at any time grant a parole to any prisoner in any penal institution of this state, or the department may at any time suspend the supervision of any person who is on probation or parole to the department, if the prisoner or person on probation or parole is eligible for induction into the U.S. armed forces. The suspension of parole or probation shall be for the duration of his or her service in the armed forces; and the parole or probation shall again become effective upon his or her discharge from the armed forces in accordance with regulations prescribed by the department. If he or she receives an honorable discharge from the armed forces, the governor may discharge him or her and the discharge has the effect of a pardon. Upon the suspension of parole or probation by the department, the department shall issue an order setting forth the conditions under which the parole or probation is suspended, including instructions as to where and when and to whom the paroled person shall report upon discharge from the armed forces.
304.071(2) (2) If a prisoner is not eligible for parole under s. 939.62 (2m), 961.49 (2), 973.014 (1) (c) or 973.032 (5), he or she is not eligible for parole under this section.
304.071 History History: 1989 a. 31 ss. 1702, 1703; Stats. 1989 s. 304.071; 1991 a. 39; 1993 a. 289; 1995 a. 48, 448.
304.072 304.072 Period of probation or parole tolled.
304.072(1) (1) If the department of corrections in the case of a parolee or probationer who is reinstated or waives a hearing or the division of hearings and appeals in the department of administration in the case of a hearing determines that a parolee or probationer has violated the terms of his or her supervision, the department or division may toll all or any part of the period of time between the date of the violation and the date an order of revocation or reinstatement is entered, subject to credit according to the terms of s. 973.155 for any time the parolee or probationer spent confined in connection with the violation.
304.072(2) (2) If a parolee or probationer is alleged to have violated the terms of his or her supervision but the department or division determines that the alleged violation was not proven, the period between the alleged violation and the determination shall be treated as service of the probationary or parole period.
304.072(3) (3) Except as provided in s. 973.09 (3) (b), the department preserves jurisdiction over a probationer or parolee if it commences an investigation, issues a violation report or issues an apprehension request concerning an alleged violation prior to the expiration of the probationer's or parolee's term of supervision.
304.072(4) (4) The sentence of a revoked parolee resumes running on the day he or she is received at a correctional institution subject to sentence credit for the period of custody in a jail, correctional institution or any other detention facility pending revocation according to the terms of s. 973.155.
304.072(5) (5) The sentence of a revoked probationer shall be credited with the period of custody in a jail, correctional institution or any other detention facility pending revocation and commencement of sentence according to the terms of s. 973.155.
304.072 History History: 1975 c. 41, 199; 1977 c. 353; 1983 a. 528; 1989 a. 31 s. 1704; Stats. 1989 s. 304.072; 1989 a. 107.
304.072 Note NOTE: The following annotations concern s. 57.072, 1975 stats., [now s. 304.072] which was repealed and recreated by ch. 353, laws of 1977 and again by Act 528, laws of 1983.
304.072 Annotation The court can revoke a probation after the probationary period has expired when the defendant has committed several crimes during the period. Williams v. State, 50 W (2d) 709, 184 NW (2d) 844.
304.072 Annotation Before tolling statute applies, department must make final determination that violation occurred. Locklear v. State, 87 W (2d) 392, 274 NW (2d) 898 (Ct. App. 1978).
304.072 Annotation Where revocation proceedings were initiated prior to expiration of parole period, parole was properly revoked after period expired. State ex rel. Avery v. Percy, 99 W (2d) 459, 299 NW (2d) 886 (Ct. App. 1980).
304.072 AnnotationDepartment may not grant jail credit where it is not provided for by statute. 71 Atty. Gen. 102.
304.073 304.073 Administrative and minimum supervision.
304.073(1)(1) In this section:
304.073(1)(a) (a) "Administrative supervision" has the meaning given in s. 301.08 (1) (c) 1. a.
304.073(1)(b) (b) "Minimum supervision" has the meaning given in s. 301.08 (1) (c) 1. b.
304.073(2) (2) Beginning on January 1, 1996, the department shall charge a fee to any probationer or parolee who is under minimum or administrative supervision and is supervised by the department. The fee does not apply if the person is supervised by a vendor under s. 301.08 (1) (c) 2. The department shall set the fee sufficient to cover the cost of supervision. The department shall collect moneys for the fee charged under this subsection and credit those moneys to the appropriation account under s. 20.410 (1) (ge).
304.073(3) (3) The department shall promulgate rules setting the rate under sub. (2) and providing the procedure and timing for collecting the fee charged under sub. (2).
304.073 History History: 1995 a. 27.
304.074 304.074 Reimbursement fee for persons on probation and parole.
304.074(1)(1) In this section:
304.074(1)(a) (a) "Administrative supervision" has the meaning given in s. 301.08 (1) (c) 1. a.
304.074(1)(b) (b) "Minimum supervision" has the meaning given in s. 301.08 (1) (c) 1. b.
304.074(2) (2) Beginning on January 1, 1996, the department shall charge a fee to probationers and parolees to partially reimburse the department for the costs of providing supervision and services. The department shall set varying rates for probationers and parolees based on ability to pay and with the goal of receiving at least $1 per day, if appropriate, from each probationer and parolee. The department shall not charge a fee while the probationer or parolee is exempt under sub. (3). The department shall collect moneys for the fees charged under this subsection and credit those moneys to the appropriation account under s. 20.410 (1) (gf).
304.074(3) (3) The department may decide not to charge a fee under sub. (2) to any probationer or parolee while he or she meets any of the following conditions:
304.074(3)(a) (a) Is unemployed.
304.074(3)(b) (b) Is pursuing a full-time course of instruction approved by the department.
304.074(3)(c) (c) Is undergoing treatment approved by the department and is unable to work.
304.074(3)(d) (d) Has a statement from a physician certifying to the department that the probationer or parolee should be excused from working for medical reasons.
304.074(4) (4) The fee under sub. (2) does not apply to any probationer or parolee who is under minimum or administrative supervision.
304.074(5) (5) The department shall promulgate rules setting rates under sub. (2) and providing the procedure and timing for collecting fees charged under sub. (2).
304.074 History History: 1995 a. 27.
304.075 304.075 Probationer and parolee loan fund. The department shall create a revolving fund out of any moneys in its hands belonging to probationers and parolees who absconded, or whose whereabouts are unknown. The fund shall be used to defray the expenses of clothing, transportation, maintenance and other necessities for probationers and parolees who are without means to secure those necessities. All payments made from the fund shall be repaid by probationers or parolees for whose benefit they are made whenever possible; and any moneys belonging to them so paid into the revolving fund shall be repaid to them in accordance with law, in case a claim therefor is filed with the department upon showing the legal right of the claimant to such money.
304.075 History History: 1977 c. 29; 1989 a. 31 s. 1705; Stats. 1989 s. 304.075.
304.078 304.078 Civil rights restored to convicted persons satisfying sentence. Every person who is convicted of a crime obtains a restoration of his or her civil rights by serving out his or her term of imprisonment or otherwise satisfying his or her sentence. The certificate of the department or other responsible supervising agency that a convicted person has served his or her sentence or otherwise satisfied the judgment against him or her is evidence of that fact and that the person is restored to his or her civil rights. The department or other agency shall list in the person's certificate rights which have been restored and which have not been restored. Persons who served out their terms of imprisonment or otherwise satisfied their sentences prior to August 14, 1947, are likewise restored to their civil rights from and after September 25, 1959.
304.078 History History: 1987 a. 226; 1989 a. 31 s. 1706; Stats. 1989 s. 304.078.
304.078 Annotation Restoration of civil rights is not a "pardon" for the purposes of liquor and cigarette license statutes. 60 Atty. Gen. 452.
304.078 Annotation A person convicted of a crime may vote if he has satisfied his sentence. 61 Atty. Gen. 260.
304.078 Annotation See note to art. XIII, sec. 3, citing 63 Atty. Gen. 74.
304.078 Annotation The operation of this section on a prior conviction is irrelevant to a conviction for which a prior conviction is a predicate. Roehl v. U.S. 977 F (2d) 375 (1992).
304.08 304.08 Applications for pardon; regulations. All applications for pardon of any convict serving sentence of one year or more, except for pardons to be granted within 10 days next before the time when the convict would be otherwise entitled to discharge pursuant to law, shall be made and conducted in the manner hereinafter prescribed, and according to such additional regulations as may from time to time be prescribed by the governor.
304.08 History History: 1989 a. 31 s. 1707; Stats. 1989 s. 304.08.
304.08 Annotation Executive clemency in Wisconsin. Bauer, 1973 WLR 1154.
304.09 304.09 Notice of pardon application.
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This is an archival version of the Wis. Stats. database for 1995. See Are the Statutes on this Website Official?