Section 1.07. Commission recommendations.

 

(1)  Following release consideration under s. PAC 1.06 , a commissioner may recommend release with or without special conditions, or may deny release and defer consideration for a specified period of time. The commissioner shall make the recommendation of release to the chairperson. If release is denied, the commissioner shall establish a date for reconsideration under s. PAC 1.06 (3) , unless the inmate will reach the MR date or the extended supervision date prior to the reconsideration date.

(2)  The inmate shall be advised in writing of the decision to defer or to recommend a grant of parole or release to extended supervision, the reasons for the decision, and the next opportunity for consideration or the recommended parole or release to extended supervision date.

(3)  A commissioner may refer the case to the full commission for a decision. When the chairperson makes a final decision, the inmate shall be notified of the decision in writing. The inmate may make a written request through institution staff for the opportunity to receive an explanation of the decision. The commission may grant the request.

(4)  If the chairperson disagrees with a recommendation of the commissioner, the chairperson shall inform the inmate in writing the reason for amending the recommendation.

(5)  For persons sentenced under s. 973.01 , Stats., if the chairperson approves a recommendation for release to extended supervision, the commission shall notify the sentencing court in accordance with s. 304.06 (1) (bk) 1. , Stats., of its intent to modify the inmate's sentence and release the inmate to extended supervision or another case or sentence. The commission shall provide the sentencing court with justification for its recommendation. If the court does not schedule a review hearing within 30 days after notification, the commission will proceed with the action recommended. The commission shall issue an order for sentence modification. The term of confinement in the prison portion of the inmate's sentence will be reduced by the period of release and the term of extended supervision of the inmate's sentence will be lengthened by the period of release so that the total length of the sentence as originally imposed by the court will remain unchanged.

(6)  A commissioner may withdraw a recommendation for parole or release to extended supervision prior to the issuance of the grant of parole or order for release to extended supervision whenever the circumstances affecting the original recommendation have, in the opinion of the commissioner, changed sufficiently to require withdrawal of the recommendation.

(7)  If there is a change in circumstances, requiring a denial of the grant or order, subsequent to the issuance of a parole grant or release to extended supervision order but prior to release, the inmate shall be provided written notice of the reasons for rescission and a summary of the evidence supporting the reasons for rescission. The inmate shall be given an opportunity to appear and be heard by an impartial hearing examiner from the division of hearings and appeals in the department of administration. At the hearing the inmate shall be given the right to present witnesses and evidence which are material, relevant, and not unduly repetitious, the right to confront and cross-examine witnesses against the inmate, the right to receive a written statement of the evidence relied upon, and the right to be represented by counsel. After a review of the findings of fact, conclusions of law, and recommendation of the hearing examiner, the chairperson shall make a final decision.

(8)  For persons sentenced for offenses committed before December 31, 1999, the chairperson may grant or deny parole at any time, if extraordinary circumstances affecting an inmate are documented and verified.

History: EmR0940 : emerg. r. and recr. eff. 12-31-09; CR 09-119 : cr. Register November 2010 No. 659 , eff. 12-1-10.