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Wisconsin Legislature: SB93: Bill Text
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SB93: Bill Text
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2025 - 2026 LEGISLATURE
LRB-2212/1
CMH:emw
2025 SENATE BILL 93
March 7, 2025 - Introduced by Senators
Hutton
,
Bradley
,
Jacque
,
Nass
,
Tomczyk
,
James
and
Wanggaard
, cosponsored by Representatives
B. Jacobson
,
Donovan
,
Duchow
,
Knodl
,
Maxey
,
Murphy
,
Penterman
and
Wichgers
. Referred to Committee on Judiciary and Public Safety.
SB93,1,3
1
An Act
to amend
302.113 (8m) (a), 302.114 (8m) (a), 304.06 (3) and 973.10 (2)
2
(intro.) of the statutes;
relating to:
recommendation to revoke extended
3
supervision, parole, or probation if a person is charged with a crime.
Analysis by the Legislative Reference Bureau
Under current law, a person who is released on extended supervision, parole, or probation is subject to conditions or rules of the release. If the person violates a condition or rule, the person is subject to sanctions for the violation, which may include revocation of release. This bill requires the Department of Corrections to recommend revoking a person’s extended supervision, parole, or probation if the person is charged with a crime while on release.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB93,1
4
Section
1
.
302.113 (8m) (a) of the statutes is amended to read:
SB93,2,5
5
302.113
(8m)
(a) Every person released to extended supervision under this
1
section remains in the legal custody of the department. If the department alleges
2
that any condition or rule of extended supervision has been violated by the person,
3
the department may take physical custody of the person for the investigation of the
4
alleged violation.
If the person is charged with a crime, the department shall
5
recommend that the person’s extended supervision be revoked.
SB93,2
6
Section
2
.
302.114 (8m) (a) of the statutes is amended to read:
SB93,2,12
7
302.114
(8m)
(a) Every person released to extended supervision under this
8
section remains in the legal custody of the department. If the department alleges
9
that any condition or rule of extended supervision has been violated by the person,
10
the department may take physical custody of the person for the investigation of the
11
alleged violation.
If the person is charged with a crime, the department shall
12
recommend that the person’s extended supervision be revoked.
SB93,3
13
Section
3
.
304.06 (3) of the statutes is amended to read:
SB93,3,13
14
304.06
(3)
Every paroled prisoner remains in the legal custody of the
15
department unless otherwise provided by the department. If the department
16
alleges that any condition or rule of parole has been violated by the prisoner, the
17
department may take physical custody of the prisoner for the investigation of the
18
alleged violation. If the department is satisfied that any condition or rule of parole
19
has been violated
,
it shall afford the prisoner such administrative hearings as are
20
required by law.
If the prisoner is charged with a crime, the department shall
21
recommend that the prisoner’s parole be revoked.
Unless waived by the parolee, the
22
final administrative hearing shall be held before a hearing examiner from the
23
division of hearings and appeals in the department of administration who is
1
licensed to practice law in this state. The hearing examiner shall enter an order
2
revoking or not revoking parole. Upon request by either party, the administrator of
3
the division of hearings and appeals shall review the order. The hearing examiner
4
may order that a deposition be taken by audiovisual means and allow the use of a
5
recorded deposition under s. 967.04 (7) to (10). If the parolee waives the final
6
administrative hearing, the secretary of corrections shall enter an order revoking or
7
not revoking parole. If the examiner, the administrator upon review, or the
8
secretary in the case of a waiver finds that the prisoner has violated the rules or
9
conditions of parole, the examiner, the administrator upon review, or the secretary
10
in the case of a waiver, may order the prisoner returned to prison to continue
11
serving his or her sentence, or to continue on parole. If the prisoner claims or
12
appears to be indigent, the department shall refer the prisoner to the authority for
13
indigency determinations specified under s. 977.07 (1).
SB93,4
14
Section
4
.
973.10 (2) (intro.) of the statutes is amended to read:
SB93,4,2
15
973.10
(2)
(intro.) If a probationer violates the conditions of probation, the
16
department of corrections may initiate a proceeding before the division of hearings
17
and appeals in the department of administration.
If the probationer is charged
18
with a crime, the department shall recommend that the person’s probation be
19
revoked.
Unless waived by the probationer, a hearing examiner for the division
20
shall conduct an administrative hearing and enter an order either revoking or not
21
revoking probation. Upon request of either party, the administrator of the division
22
shall review the order. If the probationer waives the final administrative hearing,
1
the secretary of corrections shall enter an order either revoking or not revoking
2
probation. If probation is revoked, the department shall:
SB93,5
3
Section
5
. Initial applicability.
SB93,4,6
4
(
1
) The treatment of ss. 302.113 (8m) (a), 302.114 (8m) (a), 304.06 (3), and
5
973.10 (2) (intro.) first applies to charges that are filed on the effective date of this
6
subsection.
SB93,4,7
7
(end)
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/2025/related/proposals/sb93
true
proposaltext
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proposaltext/2025/REG/SB93
proposaltext/2025/REG/SB93
section
true
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