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Wisconsin Assembly Bill AB310

Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB310 Compare Versions

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33 2023 - 2024 LEGISLATURE
44 2023 ASSEMBLY BILL 310
55 June 9, 2023 - Introduced by Representatives RETTINGER, MAXEY, GUNDRUM,
66 BEHNKE, BRANDTJEN, DITTRICH, MOSES, MURPHY, O'CONNOR and ROZAR,
77 cosponsored by Senators BRADLEY, NASS, HUTTON, JACQUE and STROEBEL.
88 Referred to Committee on Corrections.
99 ***AUTHORS SUBJECT TO CHANGE***
1010 AN ACT to renumber and amend 973.015 (1m) (b); to amend 302.113 (8m) (a),
1111 302.114 (8m) (a), 304.06 (3), 973.015 (1m) (a) 3. and 973.10 (2) (intro.); and to
1212 create 973.015 (1m) (b) 1. b. of the statutes; relating to: recommendation to
1313 revoke extended supervision, parole, or probation if a person is charged with a
1414 crime and expunging a criminal record of a crime.
1515 Analysis by the Legislative Reference Bureau
1616 Under current law, a person who is released on extended supervision, parole,
1717 or probation is subject to conditions or rules of the release. If the person violates a
1818 condition or rule, the person is subject to sanctions for the violation, which may
1919 include revocation of release. This bill requires the Department of Corrections to
2020 recommend revoking a person's extended supervision, parole, or probation if the
2121 person is charged with a crime while on release.
2222 Under current law, a sentencing court may order a person's criminal record
2323 expunged of a crime if the court determines that the person will benefit and society
2424 will not be harmed and if all of the following apply: 1) the maximum term of
2525 imprisonment for the crime is six years or less (Class H felony and below); 2) the
2626 person committed the crime before the age of 25; 3) if the crime is a felony, the person
2727 had not been previously convicted of a felony; and 4) the crime was not a violent
2828 felony. The bill adds that the court may not order the record expunged of a crime if
2929 the person had previously been convicted of a crime, including a crime for which the
3030 record had been expunged.
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3838 Current law specifies that the expungement order must be made only at
3939 sentencing, and then the record is not expunged until the person completes his or her
4040 sentence. Under current law, a person is not considered to have completed his or her
4141 sentence if the person has been convicted of a subsequent offense or, if on probation,
4242 the probation was revoked and the person has not satisfied all conditions of
4343 probation. The bill adds that a person has not completed his or her sentence if
4444 criminal charges are pending against the person or, if the person was on probation,
4545 the person violated any rule or condition of the probation or at least one year has not
4646 elapsed since being placed on probation.
4747 For further information see the state and local fiscal estimate, which will be
4848 printed as an appendix to this bill.
4949 The people of the state of Wisconsin, represented in senate and assembly, do
5050 enact as follows:
5151 SECTION 1. 302.113 (8m) (a) of the statutes is amended to read:
5252 302.113 (8m) (a) Every person released to extended supervision under this
5353 section remains in the legal custody of the department. If the department alleges
5454 that any condition or rule of extended supervision has been violated by the person,
5555 the department may take physical custody of the person for the investigation of the
5656 alleged violation. If the person is charged with a crime, the department shall
5757 recommend that the person's extended supervision be revoked.
5858 SECTION 2. 302.114 (8m) (a) of the statutes is amended to read:
5959 302.114 (8m) (a) Every person released to extended supervision under this
6060 section remains in the legal custody of the department. If the department alleges
6161 that any condition or rule of extended supervision has been violated by the person,
6262 the department may take physical custody of the person for the investigation of the
6363 alleged violation. If the person is charged with a crime, the department shall
6464 recommend that the person's extended supervision be revoked.
6565 SECTION 3. 304.06 (3) of the statutes is amended to read:
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8383 SECTION 3
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8585 304.06 (3) Every paroled prisoner remains in the legal custody of the
8686 department unless otherwise provided by the department. If the department alleges
8787 that any condition or rule of parole has been violated by the prisoner, the department
8888 may take physical custody of the prisoner for the investigation of the alleged
8989 violation. If the department is satisfied that any condition or rule of parole has been
9090 violated, it shall afford the prisoner such administrative hearings as are required by
9191 law. If the prisoner is charged with a crime, the department shall recommend that
9292 the prisoner's parole be revoked. Unless waived by the parolee, the final
9393 administrative hearing shall be held before a hearing examiner from the division of
9494 hearings and appeals in the department of administration who is licensed to practice
9595 law in this state. The hearing examiner shall enter an order revoking or not revoking
9696 parole. Upon request by either party, the administrator of the division of hearings
9797 and appeals shall review the order. The hearing examiner may order that a
9898 deposition be taken by audiovisual means and allow the use of a recorded deposition
9999 under s. 967.04 (7) to (10). If the parolee waives the final administrative hearing, the
100100 secretary of corrections shall enter an order revoking or not revoking parole. If the
101101 examiner, the administrator upon review, or the secretary in the case of a waiver
102102 finds that the prisoner has violated the rules or conditions of parole, the examiner,
103103 the administrator upon review, or the secretary in the case of a waiver, may order the
104104 prisoner returned to prison to continue serving his or her sentence, or to continue on
105105 parole. If the prisoner claims or appears to be indigent, the department shall refer
106106 the prisoner to the authority for indigency determinations specified under s. 977.07
107107 (1).
108108 SECTION 4. 973.015 (1m) (a) 3. of the statutes is amended to read:
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134134 SECTION 4 ASSEMBLY BILL 310
135135 973.015 (1m) (a) 3. No court may order a record of conviction expunged under
136136 this subsection if the person has, in his or her lifetime, been convicted of a separate
137137 felony or a separate misdemeanor, including a conviction for which the record has
138138 been expunged under this subsection. No court may order that a record of a
139139 conviction for any of the following be expunged:
140140 a. A Class H felony, if the person has, in his or her lifetime, been convicted of
141141 a prior felony offense, or if the felony that is a violent offense, as defined in s. 301.048
142142 (2) (bm), or is a violation of s. 940.32, 948.03 (2), (3), or (5) (a) 1., 2., 3., or 4., or 948.095.
143143 b. A Class I felony, if the person has, in his or her lifetime, been convicted of a
144144 prior felony offense, or if the felony that is a violent offense, as defined in s. 301.048
145145 (2) (bm), or is a violation of s. 948.23 (1) (a).
146146 SECTION 5. 973.015 (1m) (b) of the statutes is renumbered 973.015 (1m) (b) 1.
147147 (intro.) and amended to read:
148148 973.015 (1m) (b) 1. (intro.) A person has successfully completed the sentence
149149 if all of the following apply:
150150 a. The person has not been subsequently convicted of a subsequent offense and,
151151 if misdemeanor or felony.
152152 c. If the person was placed on probation, the probation has not been was not
153153 revoked, the probationer did not violate any rule or condition of the probation, at
154154 least one year has elapsed since the probationer was placed on probation, and the
155155 probationer has satisfied the conditions of probation.
156156 2. Upon successful completion of the sentence the detaining or probationary
157157 authority shall issue a certificate of discharge which shall be forwarded to the court
158158 of record and which shall have the effect of expunging the record. If the person has
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187187 been imprisoned, the detaining authority shall also forward a copy of the certificate
188188 of discharge to the department.
189189 SECTION 6. 973.015 (1m) (b) 1. b. of the statutes is created to read:
190190 973.015 (1m) (b) 1. b. The person has no criminal charges pending.
191191 SECTION 7. 973.10 (2) (intro.) of the statutes is amended to read:
192192 973.10 (2) (intro.) If a probationer violates the conditions of probation, the
193193 department of corrections may initiate a proceeding before the division of hearings
194194 and appeals in the department of administration. If the probationer is charged with
195195 a crime, the department shall recommend that the person's probation be revoked.
196196 Unless waived by the probationer, a hearing examiner for the division shall conduct
197197 an administrative hearing and enter an order either revoking or not revoking
198198 probation. Upon request of either party, the administrator of the division shall
199199 review the order. If the probationer waives the final administrative hearing, the
200200 secretary of corrections shall enter an order either revoking or not revoking
201201 probation. If probation is revoked, the department shall:
202202 SECTION 8.0Initial applicability.
203203 (1) The treatment of ss. 302.113 (8m) (a), 302.114 (8m) (a), 304.06 (3), and
204204 973.10 (2) (intro.) first applies to charges that are filed on the effective date of this
205205 subsection.
206206 (2) The treatment of s. 973.015 (1m) (a) 3. first applies to orders made at
207207 sentencing on the effective date of this subsection.
208208 (3) The renumbering and amendment of s. 973.015 (1m) (b) and the creation
209209 of s. 973.015 (1m) (b) 1. b. first apply to determinations as to whether a person has
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235235 successfully completed a sentence that are made on the effective date of this
236236 subsection.
237237 (END)
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