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Sentencing – Conditional Release

By: Derek Hawkins//November 12, 2019//

Sentencing – Conditional Release

By: Derek Hawkins//November 12, 2019//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Larry W. Olson

Case No.: 2018AP1075-CR; 2018AP1076-CR

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Sentencing – Conditional Release

In these consolidated cases, Larry Olson appeals from orders revoking his conditional release, pursuant to WIS. STAT. § 971.17(3)(e) (2017-18). The sole issue before us is whether the time limit set forth in § 971.17(3)(e) requiring that the Department of Health Services (the Department) “shall submit” a statement of probable cause and a petition to revoke an order for conditional release within seventy-two hours of detaining a person is directory or mandatory.

We conclude the seventy-two-hour time limit set forth in WIS. STAT. § 971.17(3)(e) is mandatory. Consequently, the Department’s undisputed failure to comply with the time limit in this case deprived the circuit court of competency to consider the Department’s petition to revoke Olson’s conditional release. We therefore reverse and remand with directions for the court to dismiss the Department’s petition.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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