Wisconsin 2019-2020 Regular Session Status: In Committee 3 R cosponsors

SB 752 — Relating to: recommendation to revoke parole, probation, and extended supervision if a person is charged with a crime. (FE)

Last action — Failed to pass pursuant to Senate Joint Resolution 1

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

80 added · 59 removed

Plain-language change summary

The bill SB 752 has been amended to focus on more specific criminal charges when recommending the revocation of parole, probation, or extended supervision. Instead of considering any crime, the Department of Corrections is now required to recommend revocation only if a person is charged with a felony or a violent misdemeanor. Additionally, if those charges are dismissed or the individual is found not guilty, they will be released back to supervision and cannot have their supervision revoked for that same incident. This change matters because it provides more protection for individuals against the revocation of their supervision for charges that may not lead to a conviction.

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- 2020 LEGISLATURE LRBa1129/1 CMH:kjf SENATE AMENDMENT 1, TO SENATE BILL 752 February 10, 2020 - Offered by SenatorANGGAARD .
- 2020 LEGISLATURE LRB-5479/1 CMH:amn SENATE BILL 752 January 29, 2020 - Introduced by Senators C RAIG, JACQUE, M ARKLEIN, NASS and STROEBEL , cosponsored by Representatives HUTTON, BRANDTJEN , ANFELIPPO , DITTRICH, DUCHOW , EDMING , GUNDRUM , H ORLACHER , AGLER , AMES , KNODL , KUGLITSCH , TT, PLUMER , AMTHUN , ORTWELL , ITTL and W ICHGERS.
At the locations indicated, amend the bill as follows:
Referred to Committee on Judiciary and Public Safety.
1.
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;
Page 1, line 3:
relating to:
delete “crime" and substitute “felony or a violent misdemeanor".
recommendation to revoke parole, probation, and extended supervision if a person is charged with a crime.
2.
Analysis by the Legislative Reference Bureau 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 extended supervision, parole, or probation.
Page 2, line 1:
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
delete “crime," and substitute “felony or a violent misdemeanor, as defined in s.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
941.29 (1g) (b),".
SECTION 1.
3.
302.113 (8m) (a) of the statutes is amended to read:
Page 2, line 2:
302.113 (8m) (a) Every person released to extended supervision under this section remains in the legal custody of the department.
after that line insert:
If the department alleges that any condition or rule of extended supervision has been violated by the person, the department may take physical custody of the person for the investigation of the - 2020 Legislature - 2 - LRB-5479/1 CMH:amn SENATE BILL 752 SECTION 1 alleged violation.
“SECTION 1f.
If the person is charged with a crime, the department shall recommend that the person's extended supervision be revoked.
302.113 (8m) (c) of the statutes is created to read:
SECTION 2.
302.113 (8m) (c) If the department is required to recommend revocation under par.
302.114 (8m) (a) of the statutes is amended to read:
(a) and the charges are dismissed or the person is found not guilty of the charges filed, the person shall be released to extended supervision and provided with credit in accordance with s.
302.114 (8m) (a) Every person released to extended supervision under this section remains in the legal custody of the department.
304.072.
If the department alleges that any condition or rule of extended supervision has been violated by the person, the department may take physical custody of the person for the investigation of the alleged violation.
Unless the dismissed charge is refiled, the person's extended supervision may not be revoked for the same act for which the person was charged even if the act is a violation of a condition or rule.”.
If the person is charged with a crime, the department shall recommend that the person's extended supervision be revoked.
LRBa1129/1 - 2020 Legislature - 2 - CMH:kjf 4.
SECTION 3.
Page 2, line 8:
304.06 (3) of the statutes is amended to read:
delete “crime" and substitute “felony or a violent misdemeanor, as defined in s.
304.06 (3) Every paroled prisoner remains in the legal custody of the department unless otherwise provided by the department.
941.29 (1g) (b),".
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.
5.
If the department is satisfied that any condition or rule of parole has been violated it shall afford the prisoner such administrative hearings as are required by law.
Page 2, line 9:
If the person is charged with a crime, the department shall recommend that the person's parole be revoked.
after that line insert:
Unless waived by the parolee, 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 licensed to practice law in this state.
“S ECTION 2f.
The hearing examiner shall enter an order revoking or not revoking parole.
302.114 (8m) (c) of the statutes is created to read:
Upon request by either party, the administrator of the division of hearings and appeals shall review the order.
302.114 (8m) (c) If the department is required to recommend revocation under par.
The hearing examiner may order that a deposition be taken by audiovisual means and allow the use of a recorded deposition under s.
(a) and the charges are dismissed or the person is found not guilty of the charges filed, the person shall be released to extended supervision and provided with credit in accordance with s.
967.04 (7) to (10).
304.072.
If the parolee waives the final administrative hearing, the LRB-5479/1 - 2020 Legislature - 3 - CMH:amn SECTION 3 SENATE BILL 752 secretary of corrections shall enter an order revoking or not revoking parole.
Unless the dismissed charge is refiled, the person's extended supervision may not be revoked for the same act for which the person was charged even if the act is a violation of a condition or rule.”.
If the examiner, the administrator upon review, or the secretary in the case of a waiver finds that the prisoner has violated the rules or conditions of parole, the examiner, the administrator upon review, or the secretary in the case of a waiver, may order the prisoner returned to prison to continue serving his or her sentence, or to continue on parole.
6.
If the prisoner claims or appears to be indigent, the department shall refer the prisoner to the authority for indigency determinations specified under s.
Page 2, line 17:
977.07 (1).
delete “crime," and substitute “felony or a violent misdemeanor, as defined in s.
SECTION 4.
941.29 (1g) (b),".
973.10 (2) (intro.) of the statutes is amended to read:
7.
973.10 (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.
Page 2, line 18:
If the person is charged with a crime, the department shall recommend that the person's probation be revoked.
after “revoked." insert “If the charges are dismissed or the person is found not guilty of the charges filed, the person shall be released to parole and provided with credit in accordance with s.
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.
304.072.
Upon request of either party, the administrator of the division shall review the order.
Unless the dismissed charge is refiled, the person's parole may not be revoked for the same act for which the person was charged even if the act is a violation of a condition or rule.".
If the probationer waives the final administrative hearing, the secretary of corrections shall enter an order either revoking or not revoking probation.
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8.
If probation is revoked, the department shall:
Page 3, line 8:
SECTION 5.0Initial applicability.
after that line insert:
(1) This act first applies to charges that are filed on the effective date of this subsection.
“S ECTION 3f.
304.072 (2) of the statutes is amended to read:
304.072 (2) If a parolee, probationer or person on extended supervision is alleged to have violated the terms of his or her supervision but the department or division determines that the alleged violation was not proven, the period between the alleged violation and the determination shall be treated as service of the probationary, extended supervision, parole period.
If a person is released under LRBa1129/1 - 2020 Legislature - 3 - CMH:kjf s.
302.113 (8m) (a), 302.114 (8m) (a), 304.06 (3), or 973.10 (2) (intro.) due to a dismissal of a charge or a finding of not guilty, the period between the recommendation to revoke and the release shall be treated as service of the probationary, extended supervision, or parole period.”.
9.
Page 3, line 13:
delete “crime," and substitute “felony or a violent misdemeanor, as defined in s.
941.29 (1g) (b),".
10.
Page 3, line 13:
after “revoked.sert “If the charges are dismissed or the person is found not guilty of the charges filed, the person shall be released to probation and provided with credit in accordance with s.
304.072.
Unless the dismissed charge is refiled, the person's probation may not be revoked for the same act for which the person was charged even if the act is a violation of a condition or rule.".
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How this bill changes current law

3 changes Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill creates provisions related to the release to extended supervision for offenders whose charges are dismissed or they are found not guilty, while amending terms to specify 'felony or a violent misdemeanor'.

  • 302.113 (8m) (c)

    If the department is required to recommend revocation under par. (a) and the charges are dismissed or the person is found not guilty of the charges filed, the person shall be released to extended supervision and provided with credit in accordance with s. 304.072. Unless the dismissed charge is refiled, the person's extended supervision may not be revoked for the same act for which the person was charged even if the act is a violation of a condition or rule.

    Establishes a process for releasing offenders to extended supervision if they are found not guilty or charges are dismissed.

  • 302.114 (8m) (c)

    If the department is required to recommend revocation under par. (a) and the charges are dismissed or the person is found not guilty of the charges filed, the person shall be released to extended supervision and provided with credit in accordance with s. 304.072. Unless the dismissed charge is refiled, the person's extended supervision may not be revoked for the same act for which the person was charged even if the act is a violation of a condition or rule.

    Creates a similar release provision for inmates serving life sentences in the event of a dismissal or a not guilty verdict.

  • 304.072 (2)

    If a parolee, probationer or person on extended supervision is alleged to have violated the terms of his or her supervision but the department or division determines that the alleged violation was not proven, the period between the alleged violation and the determination shall be treated as service of the probationary, extended supervision or parole period. → If a parolee, probationer or person on extended supervision is alleged to have violated the terms of his or her supervision but the department or division determines that the alleged violation was not proven, the period between the alleged violation and the determination shall be treated as service of the probationary, extended supervision, parole period. If a person is released under s. 302.113 (8m) (a), 302.114 (8m) (a), 304.06 (3), or 973.10 (2) (intro.) due to a dismissal of a charge or a finding of not guilty, the period between the recommendation to revoke and the release shall be treated as service of the probationary, extended supervision, or parole period.

    Clarifies that time served between recommendation for revocation and actual release should count towards probationary or parole periods.

Action History

  1. Failed to pass pursuant to Senate Joint Resolution 1

  2. Fiscal estimate received

  3. Fiscal estimate received

  4. Available for scheduling

  5. Report passage as amended recommended by Committee on Judiciary and Public Safety, Ayes 3, Noes 2

  6. Report adoption of Senate Amendment 1 recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 0

  7. Executive action taken

  8. Senate Amendment 1 offered by Senator Wanggaard

  9. Public hearing held

  10. Representative Sortwell withdrawn as a cosponsor

  11. Read first time and referred to Committee on Judiciary and Public Safety

  12. Introduced by Senators Craig, Jacque, Marklein, Nass and Stroebel; cosponsored by Representatives Hutton, Brandtjen, Sanfelippo, Dittrich, Duchow, Edming, Gundrum, Horlacher, Jagler, James, Knodl, Kuglitsch, Ott, Plumer, Ramthun, Sortwell, Tittl and Wichgers

Sponsors

Sponsorship breakdown

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5 sponsors · 0 co-sponsors · 127 not signed on

Sponsors (5)

Co-sponsors (0)

None.

Not signed on (127)

127 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors SB 752?
SB 752 is sponsored by Craig, Stroebel, Nass, Steve (Republican), Jacque, André (Republican), and Marklein, Howard (Republican).
What is the current status of SB 752?
This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 752?
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