Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB93 Compare Versions

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

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1	1	2025 - 2026 LEGISLATURE
2	2	LRB-2212/1
3	3	CMH:emw
4	4	2025 SENATE BILL 93
5	5	March 7, 2025 - Introduced by Senators HUTTON, BRADLEY, JACQUE, NASS,
6	6	TOMCZYK, JAMES and WANGGAARD, cosponsored by Representatives B.
7	7	JACOBSON, DONOVAN, DUCHOW, KNODL, MAXEY, MURPHY, PENTERMAN and
8	8	WICHGERS. Referred to Committee on Judiciary and Public Safety.
9	9	AN ACT to amend 302.113 (8m) (a), 302.114 (8m) (a), 304.06 (3) and 973.10 (2)
10	10	(intro.) of the statutes; relating to: recommendation to revoke extended
11	11	supervision, parole, or probation if a person is charged with a crime.
12	12	Analysis by the Legislative Reference Bureau
13	13	Under current law, a person who is released on extended supervision, parole,
14	14	or probation is subject to conditions or rules of the release. If the person violates a
15	15	condition or rule, the person is subject to sanctions for the violation, which may
16	16	include revocation of release. This bill requires the Department of Corrections to
17	17	recommend revoking a person[s extended supervision, parole, or probation if the
18	18	person is charged with a crime while on release.
19	19	For further information see the state and local fiscal estimate, which will be
20	20	printed as an appendix to this bill.
21	21	The people of the state of Wisconsin, represented in senate and assembly, do
22	22	enact as follows:
23	23	SECTION 1. 302.113 (8m) (a) of the statutes is amended to read:
24	24	302.113 (8m) (a) Every person released to extended supervision under this
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29	29	5 2025 - 2026 Legislature
30	30	SENATE BILL 93
31	31	- 2 - LRB-2212/1
32	32	CMH:emw
33	33	SECTION 1
34	34	section remains in the legal custody of the department. If the department alleges
35	35	that any condition or rule of extended supervision has been violated by the person,
36	36	the department may take physical custody of the person for the investigation of the
37	37	alleged violation. If the person is charged with a crime, the department shall
38	38	recommend that the person[s extended supervision be revoked.
39	39	SECTION 2. 302.114 (8m) (a) of the statutes is amended to read:
40	40	302.114 (8m) (a) Every person released to extended supervision under this
41	41	section remains in the legal custody of the department. If the department alleges
42	42	that any condition or rule of extended supervision has been violated by the person,
43	43	the department may take physical custody of the person for the investigation of the
44	44	alleged violation. If the person is charged with a crime, the department shall
45	45	recommend that the person[s extended supervision be revoked.
46	46	SECTION 3. 304.06 (3) of the statutes is amended to read:
47	47	304.06 (3) Every paroled prisoner remains in the legal custody of the
48	48	department unless otherwise provided by the department. If the department
49	49	alleges that any condition or rule of parole has been violated by the prisoner, the
50	50	department may take physical custody of the prisoner for the investigation of the
51	51	alleged violation. If the department is satisfied that any condition or rule of parole
52	52	has been violated, it shall afford the prisoner such administrative hearings as are
53	53	required by law. If the prisoner is charged with a crime, the department shall
54	54	recommend that the prisoner[s parole be revoked. Unless waived by the parolee, the
55	55	final administrative hearing shall be held before a hearing examiner from the
56	56	division of hearings and appeals in the department of administration who is
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79	79	23 2025 - 2026 Legislature
80	80	SENATE BILL 93
81	81	- 3 - LRB-2212/1
82	82	CMH:emw
83	83	SECTION 3
84	84	licensed to practice law in this state. The hearing examiner shall enter an order
85	85	revoking or not revoking parole. Upon request by either party, the administrator of
86	86	the division of hearings and appeals shall review the order. The hearing examiner
87	87	may order that a deposition be taken by audiovisual means and allow the use of a
88	88	recorded deposition under s. 967.04 (7) to (10). If the parolee waives the final
89	89	administrative hearing, the secretary of corrections shall enter an order revoking or
90	90	not revoking parole. If the examiner, the administrator upon review, or the
91	91	secretary in the case of a waiver finds that the prisoner has violated the rules or
92	92	conditions of parole, the examiner, the administrator upon review, or the secretary
93	93	in the case of a waiver, may order the prisoner returned to prison to continue
94	94	serving his or her sentence, or to continue on parole. If the prisoner claims or
95	95	appears to be indigent, the department shall refer the prisoner to the authority for
96	96	indigency determinations specified under s. 977.07 (1).
97	97	SECTION 4. 973.10 (2) (intro.) of the statutes is amended to read:
98	98	973.10 (2) (intro.) If a probationer violates the conditions of probation, the
99	99	department of corrections may initiate a proceeding before the division of hearings
100	100	and appeals in the department of administration. If the probationer is charged
101	101	with a crime, the department shall recommend that the person[s probation be
102	102	revoked. Unless waived by the probationer, a hearing examiner for the division
103	103	shall conduct an administrative hearing and enter an order either revoking or not
104	104	revoking probation. Upon request of either party, the administrator of the division
105	105	shall review the order. If the probationer waives the final administrative hearing,
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127	127	22 2025 - 2026 Legislature
128	128	SENATE BILL 93
129	129	- 4 - LRB-2212/1
130	130	CMH:emw
131	131	SECTION 4
132	132	the secretary of corrections shall enter an order either revoking or not revoking
133	133	probation. If probation is revoked, the department shall:
134	134	SECTION 5. Initial applicability.
135	135	(1) The treatment of ss. 302.113 (8m) (a), 302.114 (8m) (a), 304.06 (3), and
136	136	973.10 (2) (intro.) first applies to charges that are filed on the effective date of this
137	137	subsection.
138	138	(END)
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