Wisconsin Senate Bill SB309

Wisconsin 2023-2024 Regular Session

• Introduced: 5/24/23
• Refer: 5/24/23
• Report Pass: 10/24/23
• Failed: 4/15/24

Caption

Recommendation to revoke extended supervision, parole, or probation if a person is charged with a crime and expunging a criminal record of a crime. (FE)

Impact

One of the notable impacts of SB309 is its amendment to the expungement laws regarding criminal records. Under the bill, individuals with prior convictions, including those previously expunged, would not qualify for further expungement of a new conviction. The bill also outlines that a person is not considered to have completed their sentence if criminal charges are pending against them, heightening the thresholds for individuals seeking to clean their records. Consequently, this could have a lasting effect on reintegration into society by limiting access to expungement for those who might benefit significantly from it.

Summary

Senate Bill 309 aims to modify the laws surrounding the revocation of extended supervision, parole, or probation when individuals are charged with a crime while on release. The bill requires the Department of Corrections to recommend revocation of supervision types if the individual is charged with a new offense. This proposal represents a significant shift in accountability for individuals on supervised release, placing stricter conditions that may impact the population experiencing reentry into society. Currently, the law allows for revocation, but this bill necessitates that it be recommended outright upon new criminal charges.

Contention

The passage of SB309 may lead to increased contention between supporters who advocate for stricter penalties for repeat offenders and opponents who argue that the bill undermines rehabilitative efforts and supports a cycle of recidivism. Advocates for the bill believe that making a clear stance on criminal behavior during supervised release can reduce crime and enhance public safety. Critics, however, raise concerns that these changes may disproportionately affect marginalized communities and those attempting to reintegrate following their sentences. They fear that harsher policies could lead to more individuals being trapped in the criminal justice system without fair opportunities for rehabilitation.