Conditional Discharge for Possession of Controlled Substance
By statute, Clerks of Court are required to notify the CIB of all probationary conditional discharges for first offenders charged with possession of a controlled substance. It is required that the CIB maintain accurate, up-to-date information for all probation reports under Wisconsin Statute 961.47 (1) and (2).
Subsection (1) of this law provides for the conditions under which the court may grant a probationary period for first offenders.
961.47 (1) Whenever any person who has not previously been convicted of any offense under this chapter, or of any offense under any statute of the United States or of any state or of any county ordinance relating to controlled substances or controlled substance analogs, narcotic drugs, marijuana or stimulant, depressant or hallucinogenic drugs, pleads guilty to or is found guilty of possession or attempted possession of a controlled substance or controlled substance analog under s. 961.41 (3g) (b), the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him or her on probation upon terms and conditions. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him or her. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for 2nd or subsequent convictions under s. 961.48. There may be only one discharge and dismissal under this section with respect to any person.
NOTE: Because there may be only one discharge and dismissal under this section with respect to any person, the fingerprint record is not eligible for expunction pursuant to s. 165.84 (1).
Pursuant to s. 961.47 (1), only those individuals convicted under s. 961.41 (3g) (b) are eligible for this disposition. The statutory additions of s. 961.41 (3g) (c), 961.41 (3g) (d), and 961.41 (3g) (e) were made without amending s. 961.47 (1) and are therefore not eligible for this disposition. The Crime Information Bureau will continue to process those dispositions that qualify under s. 961.47 (1). Final dispositions which do not qualify will be returned to the submitting agency for clarification.
Subsection (2) of s. 961.47 requires that all Clerks of Court shall give notification within 20 days after probation has been granted.
(2) Within 20 days after probation is granted under this section, the clerk of court shall notify the Division of Law Enforcement Services (Crime Information Bureau) in the Department of Justice of the name of the individual granted probation and any other information required by the Division. This report shall be upon forms provided by the Division.
The Final Disposition Report form is utilized to fulfill these requirements and it must be completed when the court provides conditional probation as the disposition of the case.
When the Final Disposition Report is received at the CIB and conditional probation is indicated, the form will be copied on pink colored paper and this copy will be mailed back to the court of record with an instructional letter. This copy must be retained by the court until probation is successfully completed or a change in status occurs, at which time the clerk must complete the pink copy and mail it to the CIB. Notice of successful completion or a change in probation status must be reported on the pink colored report. The CIB cannot locate files if the report is not returned. DO NOT SEND COURT DOCUMENTS UNLESS THE PINK COPY OF THE FINAL DISPOSITION REPORT IS "STAPLED" TO IT.
Conditional discharge final disposition