What is Revocation in Wisconsin?
Revocation occurs when a person on probation, parole, or extended supervision is taken into custody. This step follows a review by their probation and parole agent or the Department of Corrections (DOC) after allegations of rule violations or new criminal charges. If it’s decided that the individual failed to comply with supervision terms, they may be returned to incarceration or face a judge for sentencing.
The Revocation Hearing Process
In Wisconsin, a revocation hearing evaluates whether a person on supervision has met their terms of release. At the hearing, an administrative law judge will review evidence presented by the probation and parole agent to determine if the individual should be revoked from supervision. If the individual doesn’t waive their right to a hearing, they’ll participate in this less formal setting to contest the agent’s claims and present alternatives to revocation (ATR). For more information about operating after a revocation, click here.
Types of Supervision in Wisconsin
Wisconsin uses several supervision methods:
- Probation: An alternative to prison time, probation allows individuals to serve their sentences under strict supervision while remaining in the community.
- Parole: After serving part of their sentence, individuals may be granted conditional release, requiring compliance with specific rules.
- Extended Supervision: Following incarceration, individuals undergo extended monitoring as mandated by Wisconsin’s Truth in Sentencing laws.
Supervised individuals must comply with rules such as meeting with their supervising officer, undergoing drug testing, and maintaining employment. Non-compliance may lead to further consequences.
Role of the Probation and Parole Agent
Agents play a key role in the revocation process. They initiate investigations when they suspect violations and make revocation recommendations to the DOC. Building a respectful relationship with these agents can impact the revocation outcome, as agents’ insights often influence decisions in court.
Interested in learning more about expungement? Click here.
How Long Can I Be in Custody?
The length of custody can vary. If the individual faces new criminal charges, they may be held until those are resolved. Otherwise, probation and parole holds are typically short, but agents can request extensions. During this hold, agents may decide not to proceed with revocation, releasing the individual with new conditions or an ATR.
Knowing if You’re Being Revoked
If an agent decides to proceed with revocation, they’ll serve the individual with a list of alleged violations. The individual can either waive their right to a hearing or prepare for the scheduled revocation hearing.
Should I Waive My Right to a Revocation Hearing?
The choice to waive a revocation hearing is significant. Waiting for over a month while in custody can be daunting, especially if there’s uncertainty about returning to family or work. Though revocation may seem less formal than other legal processes, it has serious implications—freedom is at stake. Additionally, time spent in custody will count toward the sentence, even if the individual is revoked.
Why is Revocation Happening?
The DOC considers several factors before proceeding with revocation, including the individual’s risk level and the severity of alleged violations. Higher-risk individuals or those with severe violations may face stronger responses. Generally, revocation is a last resort when other options don’t seem viable.
Should I Hire an Attorney?
Though not required, having an attorney during a revocation hearing can be helpful. Attorneys can access supervision notes, advocate for ATRs, and address points of the Plotkin Analysis, which considers:
- Public safety risks,
- Need for correctional treatment, and
- Seriousness of violations.
What to Expect
Staying civil and cooperative with the probation and parole agent can improve the chances of a favorable outcome. Consider the time in custody to reflect on your options, and, if needed, consult with an attorney.
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