By: dmc-admin//December 26, 2001//
Mark Santner, pro se, appeals from the circuit court’s order affirming his probation revocation. Santner argues that his revocation hearing was not timely held, violating Wis. Stat. sec. 302.335(2)(b) (1999-2000) and his right to due process. We resolve these issues against Santner. Accordingly, we affirm.
Santner raises two substantive claims. First, Santner contends that his revocation hearing was not held within the time limits prescribed by Wis. Stat. sec. 302.335(2)(b), which provides that “[t]he division shall begin a final revocation hearing within 50 calendar days after the person is detained in the county jail, other county facility or the tribal jail.” On its face, however, this statute applies only to probationers being held “in the county jail, other county facility or the tribal jail.” As we have previously explained, “[t]he object of sec. 302.335 is to regulate the length of time persons are held in county jails pending … revocation hearings.” State ex rel. Jones v. Div. of Hearings & Appeals, 195 Wis.2d 669, 673, 536 N.W.2d 213 (Ct. App. 1995). Because Santner was transferred from the county jail to prison after nineteen days and was held in prison pending revocation, the statute did not apply to him.
Therefore, we reject his argument.
This opinion will not be published.
Dist IV, Jefferson County, Koschnick, J., Per Curiam
Attorneys:
For Appellant: Mark J. Santner, New Berlin
For Respondent: David J. Wambach, Jefferson; Lara M. Herman, Madison