Wisconsin Petition for Early Discharge from Probation 973.09(3)(d) is a legal action that allows individuals on probation to seek early discharge from probationary status before their probationary period has ended. The petition is used to request early discharge from all or part of a sentence of probation imposed by the court. This process is often referred to as a "90-day rule" because the petition must be filed within 90 days of the judgment and sentence of probation. There are two types of petitions for early discharge from probation in Wisconsin: one for felonies and another for misdemeanors. The petition must be filed in the county in which the probationer was sentenced and the person filing the petition must bear the burden of proof. The court will consider the petition and make a decision based on the facts and circumstances of the case.
Wisconsin Petition for Early Discharge from Probation 973.09(3)(d)
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Early Discharge Only probation cases may be discharged early and the offender must meet the following criteria: Served at least 50 percent of the probation term. ?Minimum or Administrative supervision for a reasonable period of time. Satisfied all conditions of probation that were set by the sentencing court.
When supervision is revoked, the client is either: ? returned to court for sentencing, or ? transported to a correctional facility to begin serving the sentence indicated by the Court. Protection of the public is the primary consideration in any revocation decision.
Only offenders on probation or parole are eligible for early discharge, including those supervised in another state under Interstate Compact. Offenders on Extended Supervision are not eligible for early discharge. An offender placed on lifetime supervision as a sex offender under s.
By Carlos Gamino. When you perform an offender search through the Wisconsin Department of Corrections, you may see the term ?active community supervision.? Active community supervision, in Wisconsin, means that the offender has been released from jail or prison.
Wisconsin Probation Rules Avoid all conduct that violates federal or state statute, municipal or county ordinances, tribal law or which is not in the best interest of the public welfare or your rehabilitation. Report all arrests or police contact to your agent within 72 hours.
What is a withheld sentence? This phrase means that the defendant was simply placed on probation, and advised by the court at the time of sentencing that the sentence was withheld. For example, the defendant was put on probation for 2 years. Again, the defendant does not sit any time in jail unless he is revoked.