Tuesday, June 26, 2007

A MADD world

A court can order a defendant to make contributions to political groups, as a condition of extended supervision, even without a finding of ability to pay, according to the court of appeals.

In order to so hold, however, the court had to completely twist the statute, misinterpreting sec. 302.113(7m)(e)1, which allows a motion to amend those conditions during the year PRIOR to release, as allowing a motion within the year AFTER release.

Subsec. 302.112(7m)(e)2, however, explicitly states that during the first year after release to ES, a defendant is barred from seeking any modifications to his conditions.