AB 85 — Relating to: recommendation to revoke extended supervision, parole, or probation if a person is charged with a crime. (FE)

-Date 2026of LEGISLATUREenactment: LRB-1596/1 CMH:emw ASSEMBLY BILL 85 February 28, 2025 - Introduced by Representatives B.

ACOBSONAssembly ,Bill DONOVAN85 ,Date Dof UCHOWpublication*: , MAXEY, MURPHY, PENTERMAN , WICHGERS and KNODL , cosponsored by Senators H UTTON , BRADLEY , JACQUE, N ASS, TOMCZYK , JAMES and W ANGGAARD .

ReferredWISCONSIN ACT A N A CT to Committeeamend on302.113 Judiciary.(8m) (a), 302.114 (8m) (a), 304.06 (3) and 973.10 (2) (intro.) of the statutes;

A N A CT to amend 302.113 (8m) (a), 302.114 (8m) (a), 304.06 (3) and 973.10 (2) (intro.) of the statutes;

AnalysisThe bypeople of the Legislativestate Referenceof BureauWisconsin, Underrepresented currentin law,sen- a304.06 person(3) whoEvery isparoled releasedprisoner onremains extendedin supervision,the parole,le- orate probationand isassembly, subjectdo toenact conditionsas orfollows: rules of the release.

Ifgal thecustody personof violates a condition or rule, the persondepartment isunless subjectotherwise toprovided sanctionsby for the violation,department. which may include revocation of release.

ThisIf bill requires the Departmentdepartment ofalleges Correctionsthat toany recommendSECTION revoking1. a person’s extended supervision, parole, or probation if the person is charged with a crime while on release.

For302.113 further(8m) information(a) seeof the statestatutes andis localcondition fiscalor estimate,rule whichof willparole behas printedbeen asviolated anby appendixthe topris- thisamended bill.to read:

The302.113 people(8m) of(a) Every person released to extended oner, the statedepartment may take physical custody of Wisconsin,the representedsupervision under this section remains in senatethe andlegal assembly,cus- doprisoner enactfor asthe follows:investigation of the alleged violation.

SECTIONIf 1.tody of the department.

302.113If (8m)the (a)department ofalleges that the statutesdepartment is amendedsatisfied tothat read:any condition or rule of any condition or rule of extended supervision has been parole has been violated, it shall afford the prisoner such administrative hearings as are required by law.

302.113If (8m)the (a)violated Everyby personthe releasedperson, tothe extendeddepartment supervisionmay undertake thisphysi- -cal 2026custody Legislatureof -the 2person -for LRB-1596/1the CMH:emwinvestigation ASSEMBLYof BILLthe 85al- SECTIONprisoner 1is sectioncharged remainswith ina crime, the legaldepartment custodyshall ofleged theviolation. department.

If the departmentperson allegesis thatcharged anywith conditiona orcrime, rulerecommend ofthat extended supervision has been violated by the person,prisoner[s theparole departmentbe mayrevoked. take physical custody of the person for the investigation of the alleged violation.

IfUn- the persondepartment isshall chargedrecommend withthat athe crime,person[s theex- departmentless shallwaived recommendby thatthe parolee, the person’sfinal extendedadministrative hear- tended supervision be revoked.

Sing ECTIONshall be held before a hearing examiner from the di- SECTION 2.

302.114 (8m) (a) of the statutes is amendedvision of hearings and appeals in the department of ad- ministration who is licensed to read:practice law in this state.

302.114amended (8m) (a) Every person released to extendedread: supervision under this section remains in the legal custody of the department.

If302.114 the(8m) department(a) allegesEvery thatperson anyreleased conditionto or rule of extended supervisionThe hashearing beenexaminer violatedshall byenter thean person,order therevoking departmentor maysupervision takeunder physicalthis custodysection ofremains thein person for the investigationlegal ofcus- thenot allegedrevoking violation.parole.

IfUpon therequest personby iseither chargedparty, with a crime, the departmenttody shallof recommend that the person’sdepartment. extended supervision be revoked.

SIf ECTIONthe 3.department alleges that administrator of the division of hearings and appeals any condition or rule of extended supervision has been shall review the order.

304.06The (3)hearing examiner may order violated by the person, the department may take physi- that a deposition be taken by audiovisual means and al- cal custody of the statutesperson isfor amendedthe toinvestigation read:of the al- low the use of a recorded deposition under s.

304.06967.04 (3)(7) Everyleged paroled prisoner remains in the legal custody of the department unless otherwise provided by the department.If the department alleges that any condition or rule of parole has been violated by the prisoner, the department may take physical custody of the prisoner for the investigation of the alleged violation.

If the departmentperson is satisfiedcharged thatwith anya conditioncrime, orto rule(10). of parole has been violated, it shall afford the prisoner such administrative hearings as are required by law.

If the prisonerparolee iswaives chargedthe withfinal aadministrative crime, the department shall recommend that the prisoner’sperson[s paroleex- hearing, the secretary of corrections shall enter an order tended supervision be revoked.

Unlessrevoking waivedor bynot therevoking parolee,parole. the final administrative hearing shall be held before a hearing examiner from the division of hearings and appeals in the department of administration who is - 2026 Legislature - 3 - LRB-1596/1 CMH:emw ASSEMBLY BILL 85 SECTION 3 licensed to practice law in this state.

TheIf hearingthe examinerexaminer, shallthe enterad- anSECTION order3. revoking or not revoking parole.

Upon304.06 request(3) byof either party, the administratorstatutes ofis theamended divisionto ofministrator hearingsupon andreview, appealsor shallthe reviewsecretary in the order.case of a read:

Thewaiver hearingfinds examiner may order that athe depositionprisoner behas takenviolated by audiovisual means and allow the userules ofor a* recordedSection deposition991.11, underISCONSINSTATUTES: s.

967.04Effective (7)date toof (10).acts.

IfXEvery theact paroleeand waivesevery theportion finalof administrativean hearing,act enacted by the secretarylegislature ofover correctionsthe shallgov- enterernor's anpartial orderveto revokingwhich ordoes not revokingexpressly parole.Ifprescribe the examiner,time thewhen administratorit upontakes review,effect orshall thetake secretaryeffect inon the caseday ofafter aits waiverdate findsof thatpublication.Y theWisconsin prisonerAct has- violated2 the- rules2025 orAssembly Bill 85 conditions of parole, the examiner, the administrator uponrecommend review,that or the secretaryperson[s inprobation thebe caserevoked. of a waiver, may order the prisoner returned to prison to continue serving his or her sentence, or to continue on parole.

IfUn- upon review, or the prisonersecretary claimsin orthe appearscase toof bea indigent,waiver, less waived by the departmentprobationer, shalla referhearing examiner for may order the prisoner returned to prison to continue the authoritydivision forshall indigencyconduct determinationsan specifiedadministrative underhearing s.and serving his or her sentence, or to continue on parole.

If enter an order either revoking or not revoking probation.

the prisoner claims or appears to be indigent, the depart- Upon request of either party, the administrator of the di- ment shall refer the prisoner to the authority for indi- vision shall review the order.

If the probationer waives gency determinations specified under s.

Sthe ECTIONfinal administrative hearing, the secretary of correc- SECTION 4.

973.10 (2) (intro.) of the statutes is tions shall enter an order either revoking or not revoking amended to read:

973.10probation. (2) (intro.) If a probationer violates the conditions of probation, the department of corrections may initiate a proceeding before the division of hearings and appeals in the department of administration.

If the probationer is charged with a crime, the department shall recommend that the person’s probation be revoked.

Unless waived by the probationer, a hearing examiner for the division shall conduct an administrative hearing and enter an order either revoking or not revoking probation.

Upon request of either party, the administrator of the division shall review the order.