People often ask how long they can hold someone in jail for a probation violation in Wisconsin. These types of probation holds are commonly referred to as VOP holds, or PO holds. (The two terms are interchangeable.) Although Wisconsin has administrative rules that set time limits for how long they can hold someone in jail on a PO hold, these time limits are not firm and can be extended with very little effort by the probation agent, which means a person may end up sitting in jail for months on a VOP hold.
The DOC Division of Community Corrections’ Manual describes the rules and procedures regarding how long they can hold someone in jail for a probation violation in Wisconsin:
- Offenders suspected of violating rules of supervision, federal, state, county, and municipal laws and ordinances … may be detained in jail or in correctional facilities. A written Order to Detain will be completed and filed with the detaining facility.
- The DOC may authorize detention for up to 3 working days.
- Within 3 working days after detention, the agent should complete the following activities:
- view police report
- interview offender, victim, and witnesses
- present a summary of facts and recommendations to the supervisor.
- Completing a Detention Extension Request form can extend the time limits on the original detention order:
| Extension of | Granted by |
| First 3 working days | Supervisor |
| Next 5 working days | Regional Chief |
| ***Any additional time | Division Administrator |
***This last level of extension makes it possible for an agent to keep someone sitting in jail on a probation hold for a probation violation indefinitely. Further, the rules state that once the agent serves someone on a PO hold with the official revocation notices (i.e., Notice of Violation, Recommended Action, and Statement of Hearing Rights), these time limits no longer apply and it is no longer necessary for the agent to request extensions.
In practice, the DOC usually makes its decision to revoke (or not revoke) within 10 days or so. Not always, though. Sometimes, weeks may go by for the person on probation hold with no contact from their probation agent, no paperwork or other information describing the specific probation rules they are accused of violating, and no new criminal charges filed against them. Family members may even find their calls to the probation agent go unanswered.
This is a travesty because while agents are out investigating any alleged rules violations, the person on P.O. hold may lose more than their freedom; while they sit in jail waiting for the agent to investigate and build their case against them, they may lose their job and
their ability to support and take care of their family.
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For the past 18 years I’ve been helping people who are facing revocation for probation violations get back home to their life and their loved ones. It’s what I love to do and it’s what I do best! Take the next step and schedule your free consultation with me by visiting my Contact Page or by filling out the contact form below. If you’re not ready to take the next step yet or you want to learn more about me first, please be sure to visit my About Page.
