Legal Question in Criminal Law in Wisconsin

Extradition of Conditional Release Absconders from Out of State

In WI, Conditional Release is similar to probation or parole, meaning that probation officers in charge of the released inmate have God-like powers over his or her freedom. It is difficult to successfully appeal decisions of the Department of Corrections to the courts, and those include decisions relating to extraditing an absconder from out of state. While you are correct that the WI system does not have independent authority in other states, the interstate compact on extradition of prisoners allows the WI governor to request that the governor of any state surrender any wanted person to WI authorities. Such requests are routinely granted, and, while the detained person has the right to fight a "governor's warrant," he or she would normally sit in jail for many months while the process works its way through the systems of the two states. One's ability to contest the warrant relates primarily to identification of the inmate and the authenticity of the paperwork and therefore rarely succeeds. For this reason, most inmates waive extradition and consent to a speedy return (in handcuffs)) to their home state. Arrest warrants from any state are normally honored by all the states, meaning that the wanted person will be arrested and held in custody while the extradition process unfolds.