302.335 Restrictions on detaining probationers, parolees and persons on extended supervision in county or tribal jail.

(1) In this section, “division" means the division of hearings and appeals in the department of administration.

(2) If a probationer, parolee or person on extended supervision is detained in a county jail or other county facility, or in a tribal jail under s. 302.445, pending disposition of probation, parole or extended supervision revocation proceedings, the following conditions apply:

(a) The department shall begin a preliminary revocation hearing within 15 working days after the probationer, parolee or person on extended supervision is detained in the county jail, other county facility or the tribal jail. The department may extend, for cause, this deadline by not more than 5 additional working days upon written notice to the probationer, parolee or person on extended supervision and the sheriff, the tribal chief of police or other person in charge of the county facility. This paragraph does not apply under any of the following circumstances:

1. The probationer, parolee or person on extended supervision has waived, in writing, the right to a preliminary hearing.

2. The probationer, parolee or person on extended supervision has given and signed a written statement that admits the violation.

3. There has been a finding of probable cause in a felony criminal action and the probationer, parolee or person on extended supervision is bound over for trial for the same or similar conduct that is alleged to be a violation of supervision.

4. There has been an adjudication of guilt by a court for the same conduct that is alleged to be a violation of supervision.

(b) The division shall begin a final revocation hearing within 50 calendar days after the person is detained in the county jail, other county facility or the tribal jail. The department may request the division to extend this deadline by not more than 10 additional calendar days, upon notice to the probationer, parolee or person on extended supervision, the sheriff, the tribal chief of police or other person in charge of the facility, and the division. The division may grant the request. This paragraph does not apply if the probationer, parolee or person on extended supervision has waived the right to a final revocation hearing.

(2j) The department shall allow a probationer detained in a county jail, tribal jail, or county house of correction under this section to be considered for participation in a program under s. 303.08 (1) (a), (b), (bn), or (e) if the person was placed on probation for a misdemeanor and the probation violation for which he or she is confined is not a crime. The sheriff, tribal chief of police, or superintendent of the house of correction, in conjunction with the department, shall determine the probationer's eligibility to participate in such programs and may terminate participation at any time.

(3) If there is a failure to begin a hearing within the time requirements under sub. (2), the sheriff, the tribal chief of police or other person in charge of a county facility shall notify the department at least 24 hours before releasing a probationer, parolee or person on extended supervision under this subsection.

(4) This section applies to probationers, parolees or persons on extended supervision who begin detainment in a county jail, other county facility or a tribal jail on or after July 1, 1990, except that this section does not apply to any probationer, parolee or person on extended supervision who is in the county jail, other facility or the tribal jail and serving a sentence.

History: 1989 a. 121; 1991 a. 39; 1993 a. 48; 1997 a. 283; 2017 a. 199.

The sub. (2) (b) requirement that a hearing be held within 50 days of detention is directory, not mandatory. State ex rel. Jones v. Division of Hearings and Appeals, 195 Wis. 2d 669, 536 N.W.2d 213 (Ct. App. 1995), 94-3378.