AB 284

Under current law, when a person is convicted of committing a crime, except for

certain serious crimes, the sentencing judge may withhold the person's sentence or

impose a sentence but stay its execution and place the person on probation for a

stated period. When a court places a person on probation, the judge may require the

person to comply with conditions of probation that are reasonable and appropriate

to the person's needs for punishment or rehabilitation, such as alcohol or other drug

treatment or paying restitution. Under current law, if the court orders as a condition

of probation that a person perform community service at a public agency or

charitable organization, the person and the agency or organization must agree to the

terms of performing community service. In

State v. Migliorino

, 150 Wis. 2d 513, 442

N.W. 2d (1989), the Wisconsin Supreme Court held that a person has the right to

refuse to be put on probation and opt instead for imprisonment.

Under this bill, a person may not refuse to be put on probation and may not

refuse any condition of probation, except that the bill does not change the

requirement that the person and the public agency or charitable organization agree

to the terms of the person's performance of community service at the agency or

organization.