Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB85 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	2025 - 2026 LEGISLATURE
2	2	LRB-1596/1
3	3	CMH:emw
4	4	2025 ASSEMBLY BILL 85
5	5	February 28, 2025 - Introduced by Representatives B. JACOBSON, DONOVAN,
6	6	DUCHOW, MAXEY, MURPHY, PENTERMAN, WICHGERS and KNODL, cosponsored
7	7	by Senators HUTTON, BRADLEY, JACQUE, NASS, TOMCZYK, JAMES and
8	8	WANGGAARD. Referred to Committee on Judiciary.
9	9
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to amend 302.113 (8m) (a), 302.114 (8m) (a), 304.06 (3) and 973.10 (2)
12	12	(intro.) of the statutes; relating to: recommendation to revoke extended
13	13	supervision, parole, or probation if a person is charged with a crime.
14	14	Analysis by the Legislative Reference Bureau
15	15	Under current law, a person who is released on extended supervision, parole,
16	16	or probation is subject to conditions or rules of the release. If the person violates a
17	17	condition or rule, the person is subject to sanctions for the violation, which may
18	18	include revocation of release. This bill requires the Department of Corrections to
19	19	recommend revoking a person[s extended supervision, parole, or probation if the
20	20	person is charged with a crime while on release.
21	21	For further information see the state and local fiscal estimate, which will be
22	22	printed as an appendix to this bill.
23	23	The people of the state of Wisconsin, represented in senate and assembly, do
24	24	enact as follows:
25	25	SECTION 1. 302.113 (8m) (a) of the statutes is amended to read:
26	26	302.113 (8m) (a) Every person released to extended supervision under this
27	27	1
28	28	2
29	29	3
30	30	4
31	31	5 2025 - 2026 Legislature
32	32	ASSEMBLY BILL 85
33	33	- 2 - LRB-1596/1
34	34	CMH:emw
35	35	SECTION 1
36	36	section remains in the legal custody of the department. If the department alleges
37	37	that any condition or rule of extended supervision has been violated by the person,
38	38	the department may take physical custody of the person for the investigation of the
39	39	alleged violation. If the person is charged with a crime, the department shall
40	40	recommend that the person[s extended supervision be revoked.
41	41	SECTION 2. 302.114 (8m) (a) of the statutes is amended to read:
42	42	302.114 (8m) (a) Every person released to extended supervision under this
43	43	section remains in the legal custody of the department. If the department alleges
44	44	that any condition or rule of extended supervision has been violated by the person,
45	45	the department may take physical custody of the person for the investigation of the
46	46	alleged violation. If the person is charged with a crime, the department shall
47	47	recommend that the person[s extended supervision be revoked.
48	48	SECTION 3. 304.06 (3) of the statutes is amended to read:
49	49	304.06 (3) Every paroled prisoner remains in the legal custody of the
50	50	department unless otherwise provided by the department. If the department
51	51	alleges that any condition or rule of parole has been violated by the prisoner, the
52	52	department may take physical custody of the prisoner for the investigation of the
53	53	alleged violation. If the department is satisfied that any condition or rule of parole
54	54	has been violated, it shall afford the prisoner such administrative hearings as are
55	55	required by law. If the prisoner is charged with a crime, the department shall
56	56	recommend that the prisoner[s parole be revoked. Unless waived by the parolee, the
57	57	final administrative hearing shall be held before a hearing examiner from the
58	58	division of hearings and appeals in the department of administration who is
59	59	1
60	60	2
61	61	3
62	62	4
63	63	5
64	64	6
65	65	7
66	66	8
67	67	9
68	68	10
69	69	11
70	70	12
71	71	13
72	72	14
73	73	15
74	74	16
75	75	17
76	76	18
77	77	19
78	78	20
79	79	21
80	80	22
81	81	23 2025 - 2026 Legislature
82	82	ASSEMBLY BILL 85
83	83	- 3 - LRB-1596/1
84	84	CMH:emw
85	85	SECTION 3
86	86	licensed to practice law in this state. The hearing examiner shall enter an order
87	87	revoking or not revoking parole. Upon request by either party, the administrator of
88	88	the division of hearings and appeals shall review the order. The hearing examiner
89	89	may order that a deposition be taken by audiovisual means and allow the use of a
90	90	recorded deposition under s. 967.04 (7) to (10). If the parolee waives the final
91	91	administrative hearing, the secretary of corrections shall enter an order revoking or
92	92	not revoking parole. If the examiner, the administrator upon review, or the
93	93	secretary in the case of a waiver finds that the prisoner has violated the rules or
94	94	conditions of parole, the examiner, the administrator upon review, or the secretary
95	95	in the case of a waiver, may order the prisoner returned to prison to continue
96	96	serving his or her sentence, or to continue on parole. If the prisoner claims or
97	97	appears to be indigent, the department shall refer the prisoner to the authority for
98	98	indigency determinations specified under s. 977.07 (1).
99	99	SECTION 4. 973.10 (2) (intro.) of the statutes is amended to read:
100	100	973.10 (2) (intro.) If a probationer violates the conditions of probation, the
101	101	department of corrections may initiate a proceeding before the division of hearings
102	102	and appeals in the department of administration. If the probationer is charged
103	103	with a crime, the department shall recommend that the person[s probation be
104	104	revoked. Unless waived by the probationer, a hearing examiner for the division
105	105	shall conduct an administrative hearing and enter an order either revoking or not
106	106	revoking probation. Upon request of either party, the administrator of the division
107	107	shall review the order. If the probationer waives the final administrative hearing,
108	108	1
109	109	2
110	110	3
111	111	4
112	112	5
113	113	6
114	114	7
115	115	8
116	116	9
117	117	10
118	118	11
119	119	12
120	120	13
121	121	14
122	122	15
123	123	16
124	124	17
125	125	18
126	126	19
127	127	20
128	128	21
129	129	22 2025 - 2026 Legislature
130	130	ASSEMBLY BILL 85
131	131	- 4 - LRB-1596/1
132	132	CMH:emw
133	133	SECTION 4
134	134	the secretary of corrections shall enter an order either revoking or not revoking
135	135	probation. If probation is revoked, the department shall:
136	136	SECTION 5. Initial applicability.
137	137	(1) The treatment of ss. 302.113 (8m) (a), 302.114 (8m) (a), 304.06 (3), and
138	138	973.10 (2) (intro.) first applies to charges that are filed on the effective date of this
139	139	subsection.
140	140	(END)
141	141	1
142	142	2
143	143	3
144	144	4
145	145	5
146	146	6
147	147	7