Section 1.06. Release consideration.

 

(1)  Except as provided in s. PAC 1.05 (1) , for persons sentenced for offenses that occurred before December 31, 1999, the initial release consideration shall be scheduled during the month prior to the date of first statutory eligibility for parole, unless waived in writing by the inmate, the inmate is not available, in which case the commissioner will set a new interview date, or the inmate has been transferred after which an interview will be scheduled as soon as practicable.

(2)  Except as provided in s. PAC 1.05 (1) , for persons sentenced under s. 973.01 , Stats., the inmate will be scheduled for release consideration prior to the earliest eligibility date established under s. 304.06 (1) (bg) , Stats., if practicable.

(3)  After initial consideration, the commission may schedule a subsequent review to determine if the inmate meets the criteria for release.

(4)  The institution responsible for scheduling release consideration shall give the inmate at least a 15-day written notice of the interview, except following an informational deferral, in which case subsequent notification is not required. When notification is not timely, the inmate may waive the 15-day requirement. If the inmate does not waive, consideration will be postponed until notice can be given. The notice of consideration for release shall address the criteria under sub. (15) .

(5)  The chairperson may assign one or more commissioners to conduct a release consideration interview.

(6)  The inmate shall have access at the correctional institution where the inmate is confined to the documentary information which the commissioner considered, except information determined to be confidential may not be disclosed.

(7)  During the release consideration interview, the inmate shall be afforded the opportunity to provide information that is relevant, material, and not unduly repetitious, including the opportunity to comment on perceived errors of material fact in the record.

(8)  The commissioner's decision shall be based on information available, including file material, victim's statements if applicable, and any other relevant information.

(9)  A deferral greater than 12 months requires the written approval of the chairperson.

(10)  The interview shall be recorded. A transcript shall be prepared only upon an order of the court which has jurisdiction over a petition for judicial review of the decision.

(11)  Release consideration may occur without the inmate present when one of the following circumstances occurs:

(a) The inmate had an interview within the preceding 12 months.

(b) It is not practicable to arrange for an interview within the timeframe for considering release and the interest of justice as well as that of the inmate would best be served by a file review.

(c) The inmate is in segregation status.

(d) The inmate is within two months of MR or release to extended supervision.

(12)  If release consideration occurs under sub. (11) without the inmate being present, 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.

(13)  Representation by legal counsel during the interview for release consideration shall not be permitted, except for extraordinary health conditions under s. PAC 1.08 .

(14)  Interpretive services shall be provided for an inmate in order to facilitate effective communication.

(15)  Release consideration is exempt from open meeting legislation under s. 19.85 (1) (d) , Stats., and shall be closed to the public. However, upon request, and with the approval of the chairperson, persons with a civic, academic, or professional interest in the release consideration process may be allowed to observe individual proceedings. Observers shall not be allowed if the inmate objects.

(16)  A recommendation for a parole grant or release to extended supervision order may be made after consideration of all the following criteria:

(a) The inmate has become parole or release to extended supervision eligible under s. 304.06 , Stats., and s. PAC 1.05 .

(b) The inmate has served sufficient time so that release would not depreciate the seriousness of the offense.

(c) The inmate has demonstrated satisfactory adjustment to the institution.

(d) The inmate has not refused or neglected to perform required or assigned duties.

(e) The inmate has participated in and has demonstrated sufficient efforts in required or recommended programs which have been made available by demonstrating one of the following:

1. The inmate has gained maximum benefit from programs.

2. The inmate can complete programming in the community without presenting an undue risk.

3. The inmate has not been able to gain entry into programming and release would not present an undue risk.

(f) The inmate has developed an adequate release plan.

(g) The inmate is subject to a sentence of confinement in another state or is in the United States illegally and may be deported.

(h) The inmate has reached a point at which the commission concludes that release would not pose an unreasonable risk to the public and would be in the interests of justice.

(17)  The commission shall provide an opportunity for a victim to provide direct input and to attend the interview.

(18)  The commission shall permit any office or person to submit a written statement for consideration in its decision-making process.

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