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Wisconsin Senate Bill SB309

Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB309 Compare Versions

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33 2023 - 2024 LEGISLATURE
44 2023 SENATE BILL 309
55 May 24, 2023 - Introduced by Senators BRADLEY, NASS, HUTTON, JACQUE and
66 STROEBEL, cosponsored by Representatives RETTINGER, MAXEY, GUNDRUM,
77 BEHNKE, BRANDTJEN, DITTRICH, MOSES, MURPHY, O'CONNOR and ROZAR.
88 Referred to Committee on Judiciary and Public Safety.
99 AN ACT to renumber and amend 973.015 (1m) (b); to amend 302.113 (8m) (a),
1010 302.114 (8m) (a), 304.06 (3), 973.015 (1m) (a) 3. and 973.10 (2) (intro.); and to
1111 create 973.015 (1m) (b) 1. b. of the statutes; relating to: recommendation to
1212 revoke extended supervision, parole, or probation if a person is charged with a
1313 crime and expunging a criminal record of a crime.
1414 Analysis by the Legislative Reference Bureau
1515 Under current law, a person who is released on extended supervision, parole,
1616 or probation is subject to conditions or rules of the release. If the person violates a
1717 condition or rule, the person is subject to sanctions for the violation, which may
1818 include revocation of release. This bill requires the Department of Corrections to
1919 recommend revoking a person's extended supervision, parole, or probation if the
2020 person is charged with a crime while on release.
2121 Under current law, a sentencing court may order a person's criminal record
2222 expunged of a crime if the court determines that the person will benefit and society
2323 will not be harmed and if all of the following apply: 1) the maximum term of
2424 imprisonment for the crime is six years or less (Class H felony and below); 2) the
2525 person committed the crime before the age of 25; 3) if the crime is a felony, the person
2626 had not been previously convicted of a felony; and 4) the crime was not a violent
2727 felony. The bill adds that the court may not order the record expunged of a crime if
2828 the person had previously been convicted of a crime, including a crime for which the
2929 record had been expunged.
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3737 Current law specifies that the expungement order must be made only at
3838 sentencing, and then the record is not expunged until the person completes his or her
3939 sentence. Under current law, a person is not considered to have completed his or her
4040 sentence if the person has been convicted of a subsequent offense or, if on probation,
4141 the probation was revoked and the person has not satisfied all conditions of
4242 probation. The bill adds that a person has not completed his or her sentence if
4343 criminal charges are pending against the person or, if the person was on probation,
4444 the person violated any rule or condition of the probation or at least one year has not
4545 elapsed since being placed on probation.
4646 For further information see the state and local fiscal estimate, which will be
4747 printed as an appendix to this bill.
4848 The people of the state of Wisconsin, represented in senate and assembly, do
4949 enact as follows:
5050 SECTION 1. 302.113 (8m) (a) of the statutes is amended to read:
5151 302.113 (8m) (a) Every person released to extended supervision under this
5252 section remains in the legal custody of the department. If the department alleges
5353 that any condition or rule of extended supervision has been violated by the person,
5454 the department may take physical custody of the person for the investigation of the
5555 alleged violation. If the person is charged with a crime, the department shall
5656 recommend that the person's extended supervision be revoked.
5757 SECTION 2. 302.114 (8m) (a) of the statutes is amended to read:
5858 302.114 (8m) (a) Every person released to extended supervision under this
5959 section remains in the legal custody of the department. If the department alleges
6060 that any condition or rule of extended supervision has been violated by the person,
6161 the department may take physical custody of the person for the investigation of the
6262 alleged violation. If the person is charged with a crime, the department shall
6363 recommend that the person's extended supervision be revoked.
6464 SECTION 3. 304.06 (3) of the statutes is amended to read:
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8484 304.06 (3) Every paroled prisoner remains in the legal custody of the
8585 department unless otherwise provided by the department. If the department alleges
8686 that any condition or rule of parole has been violated by the prisoner, the department
8787 may take physical custody of the prisoner for the investigation of the alleged
8888 violation. If the department is satisfied that any condition or rule of parole has been
8989 violated, it shall afford the prisoner such administrative hearings as are required by
9090 law. If the prisoner is charged with a crime, the department shall recommend that
9191 the prisoner's parole be revoked. Unless waived by the parolee, the final
9292 administrative hearing shall be held before a hearing examiner from the division of
9393 hearings and appeals in the department of administration who is licensed to practice
9494 law in this state. The hearing examiner shall enter an order revoking or not revoking
9595 parole. Upon request by either party, the administrator of the division of hearings
9696 and appeals shall review the order. The hearing examiner may order that a
9797 deposition be taken by audiovisual means and allow the use of a recorded deposition
9898 under s. 967.04 (7) to (10). If the parolee waives the final administrative hearing, the
9999 secretary of corrections shall enter an order revoking or not revoking parole. If the
100100 examiner, the administrator upon review, or the secretary in the case of a waiver
101101 finds that the prisoner has violated the rules or conditions of parole, the examiner,
102102 the administrator upon review, or the secretary in the case of a waiver, may order the
103103 prisoner returned to prison to continue serving his or her sentence, or to continue on
104104 parole. If the prisoner claims or appears to be indigent, the department shall refer
105105 the prisoner to the authority for indigency determinations specified under s. 977.07
106106 (1).
107107 SECTION 4. 973.015 (1m) (a) 3. of the statutes is amended to read:
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133133 SECTION 4 SENATE BILL 309
134134 973.015 (1m) (a) 3. No court may order a record of conviction expunged under
135135 this subsection if the person has, in his or her lifetime, been convicted of a separate
136136 felony or a separate misdemeanor, including a conviction for which the record has
137137 been expunged under this subsection. No court may order that a record of a
138138 conviction for any of the following be expunged:
139139 a. A Class H felony, if the person has, in his or her lifetime, been convicted of
140140 a prior felony offense, or if the felony that is a violent offense, as defined in s. 301.048
141141 (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.
142142 b. A Class I felony, if the person has, in his or her lifetime, been convicted of a
143143 prior felony offense, or if the felony that is a violent offense, as defined in s. 301.048
144144 (2) (bm), or is a violation of s. 948.23 (1) (a).
145145 SECTION 5. 973.015 (1m) (b) of the statutes is renumbered 973.015 (1m) (b) 1.
146146 (intro.) and amended to read:
147147 973.015 (1m) (b) 1. (intro.) A person has successfully completed the sentence
148148 if all of the following apply:
149149 a. The person has not been subsequently convicted of a subsequent offense and,
150150 if misdemeanor or felony.
151151 c. If the person was placed on probation, the probation has not been was not
152152 revoked, the probationer did not violate any rule or condition of the probation, at
153153 least one year has elapsed since the probationer was placed on probation, and the
154154 probationer has satisfied the conditions of probation.
155155 2. Upon successful completion of the sentence the detaining or probationary
156156 authority shall issue a certificate of discharge which shall be forwarded to the court
157157 of record and which shall have the effect of expunging the record. If the person has
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184184 SECTION 5
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186186 been imprisoned, the detaining authority shall also forward a copy of the certificate
187187 of discharge to the department.
188188 SECTION 6. 973.015 (1m) (b) 1. b. of the statutes is created to read:
189189 973.015 (1m) (b) 1. b. The person has no criminal charges pending.
190190 SECTION 7. 973.10 (2) (intro.) of the statutes is amended to read:
191191 973.10 (2) (intro.) If a probationer violates the conditions of probation, the
192192 department of corrections may initiate a proceeding before the division of hearings
193193 and appeals in the department of administration. If the probationer is charged with
194194 a crime, the department shall recommend that the person's probation be revoked.
195195 Unless waived by the probationer, a hearing examiner for the division shall conduct
196196 an administrative hearing and enter an order either revoking or not revoking
197197 probation. Upon request of either party, the administrator of the division shall
198198 review the order. If the probationer waives the final administrative hearing, the
199199 secretary of corrections shall enter an order either revoking or not revoking
200200 probation. If probation is revoked, the department shall:
201201 SECTION 8.0Initial applicability.
202202 (1) The treatment of ss. 302.113 (8m) (a), 302.114 (8m) (a), 304.06 (3), and
203203 973.10 (2) (intro.) first applies to charges that are filed on the effective date of this
204204 subsection.
205205 (2) The treatment of s. 973.015 (1m) (a) 3. first applies to orders made at
206206 sentencing on the effective date of this subsection.
207207 (3) The renumbering and amendment of s. 973.015 (1m) (b) and the creation
208208 of s. 973.015 (1m) (b) 1. b. first apply to determinations as to whether a person has
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234234 successfully completed a sentence that are made on the effective date of this
235235 subsection.
236236 (END)
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