Sentencing Conditional Release.


Byline: Derek Hawkins

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...

To continue reading