CHAPTER 57 PROBATION, PAROLES, AND PARDONS OF CONVICTS PROBATION FOR FELONIES 57.01 Suspension of sentence. 57.02 Control of probationers. 57.03 Recommitment on violation of probation; discharge. PROBATION IN OTHER CASES 57.04 Probation for misdemeanors and desertion. 57.05 Probation of minors. PAROLE OF PRISONERS 57.06 Paroles from the state prison and the Milwaukee house of correction. 57.07 Paroles from other penal institutions. 57.07-5 Probationers' revolving fund. PARDONS 57.08 Applications for pardon; regulations. 57.09 Notice of application. 57.10 Application papers. 57.11 Conditional pardon. 57.12 Execution, return, and record of warrants. PROBATION FOR FELONIES 57.01 Suspension of sentence. Whenever any adult is convicted of a felony punishable by imprisonment for a term not exceeding ten years, convictions under section 4587c excepted, and it appears to the satisfaction of the court that such person has never before been convicted of a felony in this state or elsewhere, that the character of the defendant and the circumstances of the case indicate that he is not likely again to commit crime, and that the public good does not require that he shall suffer the penalty provided by law, said court may, except as otherwise provided for by law, by order suspend the judgment or stay the execution thereof and place the defendant on probation, stating therein the reasons for the order, which shall be made a part of the record, and may impose as a condition of making the order or of continuing the same in effect that the defendant shall make restitution or pay the costs of prosecution, or do both. [1917 s. 4734a; 1919 c. 615 s. 2.1 57.02 Control of probationers. (1) The state board of control shall furnish the clerk of every court of record in this state exercising criminal jurisdiction with blank forms, setting forth all requirements and conditions used by them in the parole of persons from the state institutions, but amended so as to be applicable to the probation of convicts. (2) Except as provided otherwise in subsection 3, every defendant placed on probation pursuant to section 57.01 shall be subject to the control and management of the said board under the regulations applying to persons paroled from state institutions after a period of imprisonment therein; and immediately upon the entry of the order of probation the clerk of the court shall certify a copy of the record in the case and deliver the same to the said board, whereupon the custody of the convict shall vest in the said board. (3) In all counties having a population of two hundred and fifty thousand or more, the municipal court shall have charge of all persons placed on probation pursuant to section 57.01, instead of the state board of control; and said court shall appoint one chief probation officer, who shall be a resi dent of said county, at a salary of not less than fifteen hundred dollars per annum and such necessary expenses as may from time to time be allowed by the county board, to be paid as other county officers are paid. Said probation officer shall be an officer of said court and subject to its control, shall have power of arrest, and shall execute all orders of the court affecting such probationers. The county board shall provide quarters and stationery for the use of said chief probation officer, and may, from time to time, provide for and fix the salaries of additional probation officers, who shall be subordinate to said chief probation officer. Said chief probation officer shall report to the court as provided in subsection 4 of section 57.04, and the clerk of the court shall transmit a copy of such reports to the state board of control, [Stats. 1917 s. 4734c, 4734d, 4734e, 4734m; 1919 c. 615 s. 3.] 57.03 Recommitment on violation of probation; discharge. (1) Whenever it appears to the board of control that any such probationer in its charge has violated the regulations or conditions of his probation, the said board may, upon full investigation and personal hearing, order him to be brought before the court for sentence upon his former conviction, which shall then be imposed without further stay, or if already sentenced to any penal institution, may order him to be imprisoned in said institution, and the term of said sentence shall be deemed to have begun at the date of his first detention at said institution. A copy of the order of the board shall be sufficient authority for the officer executing it to take and convey such probationer to the court or to the prison; but any officer may, without order or warrant, whenever it appears to him necessary in order to prevent escape or enforce discipline, take and detain the probationer and bring him before the board for its action. (2) Whenever, in the judgment of the board, the probationer has satisfactorily met the conditions of his probation, he shall be discharged from further supervision, and said board shall issue to him a certificate of final discharge; but the period of probation shall not be less than the minimum nor more than the maximum term for which he might have been imprisoned. [Stats. 1917 s. 4734g, 4734h; 1919 c. 615 s. 5.] |