New Wisconsin Bill Would Make Revocation Mandatory

 Posted on April 09, 2025 in Criminal Defense

More than 60,000 residents across the state of Wisconsin are currently under community supervision – about three to four times the number of those in prison. Community supervision means the individual has been sentenced to probation as an alternative to jail or is under parole with extended supervision following his or her prison sentence completion. Community supervision is usually preferable for those facing criminal offense sentencing, which could equal months or years in prison.

A public hearing on April 1 for a bill that could change the way community supervision works gave little indication as to whether the bill would pass. Each year, thousands of people who are found to have violated the conditions of their community supervision are sent back to prison under revocation. The new bill would make revocation mandatory if the person under community supervision is charged with a new offense.

Currently, the Department of Corrections in Wisconsin has some flexibility regarding whether to ask a judge to revoke an individual's probation, parole, or extended supervision. This bill would make it an automatic return to prison should any new charges occur. If you have questions regarding your community supervision, probation, or parole, speak to a knowledgeable Dodge County, WI criminal defense attorney.

What Do Those Who Are For and Against the Bill Believe?

The Wisconsin Department of Corrections is against the proposal, claiming it will remove their department’s discretion regarding recommendations of revocation based on a person’s risk level. The bill will also increase the prison population in the state by about 4,600 people, which equals $245.7 million in increased yearly operational costs.

An administrative law judge would still have the final say in each situation, although these judges have overwhelmingly agreed with the Department of Corrections nearly 90 percent of the time. Even a low-level charge, like disorderly conduct, would send a person on community supervision back to prison without giving the individual the benefit of a trial. Advocates of the bill believe it will reduce repeat offenses and improve public safety.

What Does Community Supervision Entail?

Under Wisconsin Administrative Code s. DOC 328.12, an individual could have his or her community supervision revoked and be sent back to prison for failing to comply with any of the following:

• No laws shall be violated while on community supervision.
• An individual must report any police contact or arrest to his or her agent within 72 hours.
•  Every effort should be made to cooperate with counseling and address identified case plan goals.
• The individual must inform his or her agent of his or her whereabouts and activities as directed.
• A written monthly report must be submitted.
• The individual must be available for and must cooperate with searches of his or her property, computer, residence, or cell phone.
• All ordered tests, including blood samples, DNA collection, breathalyzer, and urinalysis, must be complied with.
• Approval must be obtained prior to changing employment or residence.
• Before leaving the state, a travel permit from the agent must be approved.
• A motor vehicle may not be operated, sold, traded, or purchased without the agent’s written approval.
•  Making a purchase on credit or borrowing money requires agent approval.  
• All court-ordered financial obligations must be paid promptly.
• No firearm may be purchased, possessed, owned, or carried without the agent's permission.
• The individual may not vote until all terms and conditions of a felony sentence have been completed.

Contact a Waukesha County, WI Criminal Defense Lawyer

If you are facing community supervision, you could benefit from speaking to a skilled Milwaukee County, WI criminal defense attorney from Bucher Law Group, LLC. Attorney Bucher has litigated some of the most high-profile, complex cases across the state, directing or personally handling dozens of homicides, hundreds of DUIs, and thousands of serious drug cases. To schedule your free consultation, call 262-303-4916.