Skip to main content
Probation in Wisconsin

Wisconsin Probation Rules | Probation in Wisconsin

Wisconsin Probation Rules to Know

Probation is a sentencing option that allows defendants to fulfill their sentence outside of prison or jail. Wisconsin probation rules require community-based supervision. Specific requirements for probation are set by the judge in the case. Judges impose several conditions or requirements when they allow offenders to receive probation in lieu of imprisonment. These conditions are set to ensure the offender does not pose a threat to the community or commit another offense. Offenders must follow all of their probation rules in order to fulfill their sentencing requirements.

How is Probation Granted?

Probation can be granted in two ways in Wisconsin.

  1. Sentence Withheld, Placed on Probation. This option protects offenders from going to jail or prison. Instead, they are placed under the supervision of the Department of Corrections. If offenders violate the terms of their probation in any way, they will need to appear in court for sentencing.
  2. Sentence Imposed and Stayed, Placed on Probation. This is the type of probation that is common in TV and movies. An offender may go to jail or prison for part of their sentence. While they are serving time, a judge suspends or stays the sentence and places them on probation instead. Again, any violation of the probation rules while on probation will see probation revoked and the original sentence reinstated. The only difference between this option and the prior option is that offenders will not need to reappear in court to be sentenced.

Although probation is highly coveted, it comes with many rules that probationers must follow to fulfill their sentencing terms. Offenders who receive probation should fully understand the requirements of their probation so that they do not accidentally violate them.

Wisconsin Probation Rules

The Wisconsin Department of Corrections is responsible for establishing the probation rules. Judges are responsible for establishing the specific terms of an individual offender’s probation.

  1. 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.
  2. Report all arrests or police contact to your agent within 72 hours.
  3. Make every effort to accept the opportunities and cooperate with counseling offered during supervision to include addressing the identified case plan goals. This includes authorizing the exchange of information between the department and any court-ordered or agent-directed program for purposes of confirming treatment compliance; and subsequent disclosure to parties deemed necessary by the agent to achieve the purposes of Wisconsin Administrative Code Chapter DOC 328 and Chapter DOC 331. Refusal to authorize the exchange of information and subsequent disclosure shall be considered a violation of this rule.
  4. Inform your agent of your whereabouts and activities as he/she directs.
  5. Submit a written report monthly and any other relevant information as directed by DCC staff.
  6. Make yourself available for searches including but not limited to residence, property, computer, cell phone or other electronic devices under your control.
  7. Make yourself available for tests and comply with ordered tests by your agent including but not limited to urinalysis, breathalyzer, DNA collection and blood samples.
  8. Obtain approval from your agent prior to changing residence or employment. In the case of an emergency, notify your agent of the change within 72 hours.
  9. Obtain approval and a travel permit from your agent prior to leaving the State of Wisconsin.
  10. Obtain written approval from your agent prior to purchasing, trading, selling or operating a motor vehicle.
  11. Obtain approval from your agent prior to borrowing money or purchasing on credit.
  12. Pay court-ordered obligations and monthly supervision fees as directed by your agent per Wisconsin Statutes, and Wisconsin Administrative Code; and comply with any department and/or vendor procedures regarding payment of fees.
  13. Obtain permission from your agent prior to purchasing, possessing, owning or carrying a firearm or other weapon, or ammunition, including incapacitating agents. An offender may not be granted permission to possess a firearm if prohibited under federal or state law.
  14. Not vote in any federal, state or local election as outlined in Wisconsin Statutes s.6.03(1)(b) if you are a convicted felon until you have successfully completed the terms and conditions of your felony sentence and your civil rights have been restored.
  15. Abide by all rules of any detention or correctional facility in which you may be confined
  16. Provide true, accurate, and complete information in response to inquiries by DOC staff.
  17. Report as directed for scheduled and unscheduled appointments.
  18. Comply with any court-ordered conditions and/or any additional rules established by your agent. The additional rules established by your agent may be modified at any time as appropriate.

Arrange a consultation by calling 608-256-8356 or emailing to meet with an Eisenberg Law Offices attorney.