973.09(3)(c)2.
2. The probationer is not presently able to make required restitution payments and the probationer and the person to whom restitution is owed consent to the performance of community service work under sub.
(7m) in satisfaction of restitution ordered for that person, for which an extended period of probation is required.
973.09(3)(c)3.
3. The probationer stipulates to the extension of supervision and the court finds that extension would serve the purposes for which probation was imposed.
973.09(3)(d)
(d) The court may modify a person's period of probation and discharge the person from probation if all of the following apply:
973.09(3)(d)1.
1. The department petitions the court to discharge the person from probation.
973.09(3)(d)2.
2. The probationer has completed 50 percent of his or her period of probation.
973.09(3)(d)3.
3. The probationer has satisfied all conditions of probation that were set by the sentencing court.
973.09(3)(d)4.
4. The probationer has satisfied all rules and conditions of probation that were set by the department.
973.09(3)(d)5.
5. The probationer has fulfilled all financial obligations to his or her victims, the court, and the department, including the payment of any fine, forfeiture, fee or surcharge, or order of restitution.
973.09(3m)(b)
(b) When a court receives a petition under sub.
(3) (d), the clerk of the circuit court shall send a notice of hearing to the victim of the crime committed by the probationer, if the victim has submitted a card under par.
(c) requesting notification. The notice shall inform the victim that he or she may appear at any hearing scheduled under sub.
(3) (d) and shall inform the victim of the manner in which he or she may provide a statement concerning the modification of the probationer's term of probation. The clerk of the circuit court shall make a reasonable attempt to send the notice of hearing to the last-known address of the victim, postmarked at least 10 days before the date of the hearing.
973.09(3m)(c)
(c) The director of state courts shall design and prepare cards for a victim to send to the clerk of the circuit court for the county in which the probationer was convicted and sentenced. The cards shall have space for a victim to provide his or her name and address, the name of the applicable probationer, and any other information that the director of state courts determines is necessary. The director of state courts shall provide the cards, without charge, to clerks of circuit court. Clerks of circuit court shall provide the cards, without charge, to victims. Victims may send completed cards to the clerk of the circuit court for the county in which the probationer was convicted and sentenced. All court records or portions of records that relate to mailing addresses of victims are not subject to inspection or copying under s.
19.35 (1).
973.09(4)(a)(a) The court may also require as a condition of probation that the probationer be confined during such period of the term of probation as the court prescribes, but not to exceed one year. The court may grant the privilege of leaving the county jail, Huber facility, work camp, or tribal jail during the hours or periods of employment or other activity under s.
303.08 (1) while confined under this subsection. The court may specify the necessary and reasonable hours or periods during which the probationer may leave the jail, Huber facility, work camp, or tribal jail or the court may delegate that authority to the sheriff. In those counties without a Huber facility under s.
303.09, a work camp under s.
303.10, or an agreement under s.
302.445, the probationer shall be confined in the county jail. In those counties with a Huber facility under s.
303.09, the sheriff shall determine whether confinement under this subsection is to be in that facility or in the county jail. In those counties with a work camp under s.
303.10, the sheriff shall determine whether confinement is to be in the work camp or the county jail. The sheriff may transfer persons confined under this subsection between a Huber facility or a work camp and the county jail. In those counties with an agreement under s.
302.445, the sheriff shall determine whether a person who is confined under this subsection but who is not subject to an order under par.
(b) is to be confined in the tribal jail or the county jail, unless otherwise provided under the agreement. In those counties, the sheriff may transfer persons confined under this subsection between a tribal jail and a county jail, unless otherwise provided under the agreement.
973.09(4)(b)
(b) With the consent of the department and when recommended in the presentence investigation, the court may order that a felony offender subject to this subsection be confined in a facility located in the city of Milwaukee under s.
301.13 or
301.16 (1q), for the purpose of allowing the offender to complete an alcohol and other drug abuse treatment program.
973.09(4)(c)
(c) While subject to this subsection, the probationer is subject to s.
303.08 (1),
(3) to
(6),
(8) to
(12), and
(14) or to s.
303.10, whichever is applicable, to all the rules of the facility to which the probationer is confined, and to the discipline of the department, if confined to a facility under par.
(b), or the sheriff.
973.09(4m)
(4m) The department shall inform each probationer who is disqualified from voting under s.
6.03 (1) (b) that he or she may not vote in any election until his or her civil rights are restored. The department shall use the form designed under s.
301.03 (3a) to inform the probationer, and the probationer and a witness shall sign the form.
973.09(5)
(5) When the period of probation for a probationer has expired, the probationer shall be discharged from probation and the department shall do all of the following:
973.09(5)(a)
(a) If the probationer was placed on probation for a felony, issue the probationer one of the following:
973.09(5)(a)1.
1. A certificate of discharge from probation for the felony for which he or she was placed on probation if, at the time of discharge, the probationer is on probation or parole for another felony.
973.09(5)(a)2.
2. A certificate of final discharge if, at the time of discharge, the probationer is not on probation or parole for another felony. A certificate of final discharge under this subdivision shall list the civil rights which have been restored to the probationer and the civil rights which have not been restored to the probationer.
973.09(5)(b)
(b) If the probationer was placed on probation for a misdemeanor, notify the probationer that his or her period of probation has expired.
973.09(5)(c)
(c) In all cases, notify the court that placed the probationer on probation that the period of probation has expired.
973.09(7m)(a)(a) Except as provided in s.
943.017 (3), the court may require as a condition of probation that the probationer perform community service work for a public agency or a nonprofit charitable organization. The number of hours of work required may not exceed what would be reasonable considering the seriousness of the offense and any other offense which is read into the record at the time of conviction. An order may only apply if agreed to by the probationer and the organization or agency. The court shall ensure that the probationer is provided a written statement of the terms of the community service order and that the community service order is monitored. If the court requires the conditions provided in this subsection and sub.
(4), the probationer reduces the period of confinement under sub.
(4) at a rate of one day for each 3 days of work performed. A day of work equals 8 hours of work performed.
973.09(7m)(b)
(b) Any organization or agency acting in good faith to which a probationer is assigned pursuant to an order under this subsection has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the probationer.
973.09 History
History: 1971 c. 298;
1979 c. 119,
189,
238,
355,
356;
1981 c. 50,
88,
326,
352,
391;
1983 a. 27,
104,
254,
346,
519,
538;
1985 a. 150;
1987 a. 347,
398,
403,
412;
1989 a. 31,
121,
188;
1991 a. 39;
1993 a. 48,
486;
1995 a. 24,
224,
281;
1997 a. 27,
41,
289;
1999 a. 9,
58,
69,
186;
2001 a. 16,
104,
109;
2003 a. 33,
121,
139,
141;
2005 a. 25,
149,
451;
2007 a. 20,
84;
2009 a. 28,
100;
2011 a. 38,
266;
2013 a. 20,
79;
2015 a. 170,
371;
2021 a. 227.