On Point blog, page 1 of 1
SCOW: Circuit courts lack inherent authority to reduce or terminate a term of probation
State v. Dennis L. Schwind, 2019 WI 48, affirming a court of appeals’ summary disposition in 2017AP141-CR, 5/3/19; case activity (including briefs).
Section 973.09(3)(d) gives circuit courts authority to reduce or terminate a term of probation if 6 requirements are met. Schwind did not proceed under that statute because he couldn’t satisfy the requirements. So he argued that circuit courts also have inherent authority to reduce or terminate a term of probation for cause. State v. Dowdy, 2012 WI 12, left this question open. This 5-2 opinion shuts it: No, circuit courts don’t have that authority.
Probation extension passes due process muster
State v. Daniel E. Olsen, 2017AP918-CR, District 4, 1/25/18 (one-judge decision; ineligible for publication); case activity (including respondent’s brief)
At the request of DOC, the circuit court extended Olsen’s probation by one year and increased his monthly restitution payment. His challenges to the court’s orders fail.