304.071 Note
NOTE: Sub. (2) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
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;
1997 a. 283,
326; s. 13.93 (2) (c).
304.072
304.072
Period of probation, extended supervision or parole tolled. 304.072(1)(1) If the department of corrections in the case of a parolee, probationer or person on extended supervision 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, probationer or person on extended supervision 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, probationer or person on extended supervision spent confined in connection with the violation.
304.072(2)
(2) If a parolee, probationer or person on extended supervision 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, extended supervision or parole period.
304.072(3)
(3) Except as provided in
s. 973.09 (3) (b), the department preserves jurisdiction over a probationer, parolee or person on extended supervision 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, parolee's or person's term of supervision.
304.072(4)
(4) The sentence of a revoked parolee or person on extended supervision 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 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(2)
(2) Beginning on January 1, 1996, the department shall charge a fee to any probationer, parolee or person on extended supervision 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). 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(2m)(a)(a) If a probationer, parolee or person on extended supervision who owes unpaid fees to the department under
sub. (2) is discharged from probation or from his or her sentence before the department collects the unpaid fees, the department shall, at the time of discharge, issue a notice to the probationer, parolee or person on extended supervision that states that he or she owes unpaid fees under
sub. (2) and that he or she is responsible for the payment of the unpaid fees. The notice under this paragraph shall be issued with the certificate of discharge required under
s. 304.078 or
973.09 (5).
304.073(2m)(b)
(b) The department may request the attorney general to bring a civil action to recover unpaid fees owed to the department under
sub. (2) by a person who has been discharged from probation or from his or her sentence and who, at the time of discharge, owed the department unpaid fees under
sub. (2). Before requesting the attorney general to bring a civil action under this paragraph, the department shall deduct any fees owed to the department that were inaccurately assessed against the person.
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(4)
(4) The department may decide not to charge a fee under
sub. (2) to any probationer, parolee or person on extended supervision if the probationer, parolee or person on extended supervision demonstrates that he or she is unable to pay the fee because of any of the following:
304.073(4)(a)
(a) The probationer, parolee or person on extended supervision is undergoing treatment approved by the department and is unable to work.
304.073(4)(b)
(b) The probationer, parolee or person on extended supervision has a statement from a physician certifying to the department that the probationer, parolee or person on extended supervision should be excused from working for medical reasons.
304.073 History
History: 1995 a. 27;
1997 a. 27,
283.
304.074
304.074
Reimbursement fee for persons on probation, parole, and extended supervision. 304.074(2)
(2) Beginning on January 1, 1996, the department shall charge a fee to probationers, parolees and persons on extended supervision to partially reimburse the department for the costs of providing supervision and services. The department shall set varying rates for probationers, parolees or persons on extended supervision based on ability to pay and with the goal of receiving at least $1 per day, if appropriate, from each probationer, parolee and person on extended supervision. The department shall not charge a fee while the probationer, parolee or person on extended supervision 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, parolee or person on extended supervision while he or she meets any of the following conditions:
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, parolee or person on extended supervision should be excused from working for medical reasons.
304.074(4)
(4) The fee under
sub. (2) does not apply to any probationer, parolee or person on extended supervision who is under minimum or administrative supervision.
304.074(4m)(a)(a) If a probationer, parolee or person on extended supervision who owes unpaid fees to the department under
sub. (2) is discharged from probation or from his or her sentence before the department collects the unpaid fees, the department shall, at the time of discharge, issue a notice to the probationer, parolee or person on extended supervision that states that he or she owes unpaid fees under
sub. (2) and that he or she is responsible for the payment of the unpaid fees. The notice under this paragraph shall be issued with the certificate of discharge required under
s. 304.078 or
973.09 (5).
304.074(4m)(b)
(b) The department may request the attorney general to bring a civil action to recover unpaid fees owed to the department under
sub. (2) by a person who has been discharged from probation or from his or her sentence and who, at the time of discharge, owed the department unpaid fees under
sub. (2). Before requesting the attorney general to bring a civil action under this paragraph, the department shall deduct any fees owed to the department that were inaccurately assessed against the person.
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;
1997 a. 27,
283.
304.075
304.075
Loan fund for probationers, parolees and persons on extended supervision. The department shall create a revolving fund out of any moneys in its hands belonging to probationers, parolees or persons on extended supervision 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, parolees and persons on extended supervision who are without means to secure those necessities. All payments made from the fund shall be repaid by probationers, parolees or persons on extended supervision 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;
1997 a. 283.
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. 304.09(1)(a)
(a) "Member of the family" means spouse, child, sibling, parent or legal guardian.
304.09(1)(b)
(b) "Victim" means a person against whom a crime has been committed.
304.09(2)
(2) The notice of the pardon application shall state the name of the convict, the crime of which he or she was convicted, the date and term of sentence and the date if known, when the application is to be heard by the governor. The notice shall be served on the following persons, if they can be found:
304.09(2)(a)
(a) The judge who participated in the trial of the convict.
304.09(2)(b)
(b) The district attorney who participated in the trial of the convict.
304.09(2)(c)
(c) The victim or, if the victim is dead, an adult member of the victim's family.
304.09(3)
(3) The notice shall inform the persons under
sub. (2) of the manner in which they may provide written statements or participate in any applicable hearing. The applicant shall serve notice on the persons under
sub. (2) (a) and
(b) at least 3 weeks before the hearing of the application. The governor shall make a reasonable attempt to serve notice on the person under
sub. (2) (c) at least 3 weeks before the hearing of the application. The notice shall be published at least once each week for 2 successive weeks before the hearing in a newspaper of general circulation in the county where the offense was committed. If there is no such newspaper, the notice shall be posted in a conspicuous place on the door of the courthouse of the county for 3 weeks before the hearing and published once each week for 2 consecutive weeks before the hearing in a newspaper published in an adjoining county. Publication as required in this subsection shall be completed by a date designated by the governor. The date shall be a reasonable time prior to the hearing date.
304.09 History
History: 1983 a. 364;
1989 a. 31 s.
1708; Stats. 1989 s. 304.09;
1997 a. 181.
304.10
304.10
Pardon application papers; victim's statement. 304.10(1)(1) An application for pardon shall be accompanied by the following papers:
304.10(1)(a)
(a) Notice of application and acknowledgments or affidavits showing due service and affidavits showing due publication and posting whenever required;
304.10(1)(b)
(b) A certified copy of the court record entries, the indictment or information, and any additional papers on file in the court, if obtainable, as the governor requires;
304.10(1)(c)
(c) A full sworn statement by the applicant of all facts and reasons upon which the application is based;
304.10(1)(d)
(d) Written statements by the judge and the district attorney who tried the case, if obtainable, indicating their views regarding the application and stating any circumstances within their knowledge in aggravation or extenuation of the applicant's guilt;
304.10(1)(e)
(e) A certificate of the keeper of the prison where the applicant has been confined showing whether the applicant has conducted himself or herself in a peaceful and obedient manner.
304.10(2)
(2) When a victim or member of the victim's family receives notice under
s. 304.09 (3), he or she may provide the governor with written statements indicating his or her views regarding the application and stating any circumstances within his or her knowledge in aggravation or extenuation of the applicant's guilt. Upon receipt of any such statement, the governor shall place the statement with the other pardon application papers.
304.10(3)
(3) Any statement or paper containing a reference to the address of a victim or a member of the victim's family which is contained in a statement or other paper accompanying a pardon application is not subject to
s. 19.35 and shall be closed to the public. The governor, using the procedure under
s. 19.36 (6), shall delete any reference to the address in any statement or paper made public.
304.10 History
History: 1983 a. 364;
1989 a. 31 s.
1709; Stats. 1989 s. 304.10;
1991 a. 269,
316;
1995 a. 224.
304.11
304.11
Conditional pardon; enforcement. 304.11(1)
(1) In case a pardon is granted upon conditions the governor may issue a warrant to carry the conditions into effect.
304.11(2)
(2) If it appears to the governor during the term of the sentence that the convicted person violated or failed to comply with any such condition, the governor may issue a warrant to any sheriff commanding the sheriff to arrest the convicted person and bring the convicted person before the governor.
304.11(3)
(3) If upon inquiry it further appears to the governor that the convicted person has violated or failed to comply with any of those conditions, the governor may issue his or her warrant remanding the person to the institution from which discharged, and the person shall be confined and treated as though no pardon had been granted, except that the person loses any applicable good time which he or she had earned. If the person is returned to prison, the person is subject to the same limitations as a revoked parolee under
s. 302.11 (7). The department shall determine the period of incarceration under
s. 302.11 (7) (a). If the governor determines the person has not violated or failed to comply with the conditions, the person shall be discharged subject to the conditional pardon.
304.11 History
History: 1983 a. 528;
1989 a. 31 s.
1710; Stats. 1989 s. 304.11;
1991 a. 316.
304.115
304.115
Emergency removal. When an emergency exists which in the opinion of the secretary makes it advisable, the secretary may permit the temporary removal of a convicted person for such period and upon such conditions as the secretary determines. The secretary may delegate this authority to the deputy and the wardens and superintendents of the state prisons.
304.115 History
History: 1989 a. 31 s.
1711; Stats. 1989 s. 304.115.
304.12
304.12
Execution and record of warrants. When a convicted person is pardoned or the person's sentence is commuted, or the person is remanded to prison for the violation of any of the conditions of that person's pardon, the officer to whom the warrant is issued after executing it shall make return thereon to the governor forthwith and shall file with the clerk of the court in which the offender was convicted a certified copy of the warrant and return, and the clerk shall enter and file the same with the records of the case.
304.12 History
History: 1989 a. 31 s.
1712; Stats. 1989 s. 304.12;
1991 a. 316.
304.13
304.13
Uniform act for out-of-state parolee supervision; state compacts. The governor of this state is authorized and directed to enter into a compact on behalf of this state with any state of the United States legally joining therein in the form substantially as follows:
A COMPACT.
Entered into by and among the contracting states, signatories hereto, with the consent of the congress of the United States of America, granted by an act entitled "An act granting the consent of congress to any two or more states to enter into agreements or compacts for cooperative effort and mutual assistance in the prevention of crime and for other purposes".
The contracting states solemnly agree:
304.13(1)
(1) That it shall be competent for the duly constituted judicial and administrative authorities of a sending state to permit any person convicted of an offense within the sending state and placed on probation or released on extended supervision or parole to reside in any receiving state while on probation, extended supervision or parole, if:
304.13(1)(a)
(a) Such person is in fact a resident of or has family residing within the receiving state and can obtain employment there; or
