Chapter PAC 1

PAC 1.03(6) (6) “Department” means the department of corrections.

PAC 1.03(7) (7) “Direct input” means the opportunity for the victim to communicate with the commission regarding the offender’s release.

PAC 1.03(8) (8) “Extended supervision” means the portion of a bifurcated sentence imposed under s. 973.01, Stats., wherein the individual is released by the department to supervision in the community.

PAC 1.03(9) (9) “Extraordinary health condition” means a condition afflicting a person such as advanced age, infirmity or disability of the person or a need for medical treatment or services not available within a correctional institution.

PAC 1.03(10) (10) “Family member” means spouse, domestic partner under ch. 770, Stats., minor child, adult child, sibling, parent or legal guardian.

PAC 1.03(11) (11) “File review” means release consideration that takes place outside the presence of the inmate.

PAC 1.03(12) (12) “Informational deferral” means an action by a commissioner to hold release consideration in abeyance.

PAC 1.03(13) (13) “Mandatory release” or “MR” means the release of an inmate by the department to community supervision as provided under s. 302.11 (1), Stats.

PAC 1.03(14) (14) “No action” means release consideration that has been referred to the chairperson or the full commission.

PAC 1.03(15) (15) “Parole grant or release to extended supervision order” means the action by the chairperson, ordering the release of an inmate on or after a specified date to supervision by the department, to begin serving a sentence under 1997 Wis. Act 283, or to another case or sentence or count under s. 973.01, Stats.

PAC 1.03(16) (16) “Parole or release to extended supervision eligible” means qualified to be considered for release under ch. 302 or 304, Stats.

PAC 1.03(17) (17) “Presumptive mandatory release date” or “PMR” means the date that an eligible inmate may be released on parole unless the commission denies release under s. 302.11 (1g) (b), Stats.

PAC 1.03(18) (18) “Release consideration” means the process by which a commissioner reviews relevant information concerning an inmate who is approaching eligibility for parole or release to extended supervision.

PAC 1.03(19) (19) “Victim” means a person against whom a crime has been committed or a victim’s family member.

PAC 1.03 History History: EmR0940: emerg. r. and recr. eff. 12-31-09; CR 09-119: cr. Register November 2010 No. 659, eff. 12-1-10; correction in (2), (3) made under s. 13.92 (4) (b) 6., Stats., Register November 2010 No. 659.

PAC 1.04 PAC 1.04 Purpose of release consideration. The purpose of release consideration is to evaluate all of the following factors:

PAC 1.04(1) (1) Depreciation of the seriousness of the offense resulting from early release.

PAC 1.04(2) (2) Risk to the community.

PAC 1.04(3) (3) Reasonable certainty of a crime-free reintegration of the inmate into society.

PAC 1.04 History History: EmR0940: emerg. r. and recr. eff. 12-31-09; CR 09-119: cr. Register November 2010 No. 659, eff. 12-1-10.

PAC 1.05 PAC 1.05 Eligibility for release consideration.

PAC 1.05(1) (1) Initial eligibility. The commission shall not consider for parole or release to extended supervision any person who is sentenced to the department’s custody until the person has been confined at least 60 days following sentencing.

PAC 1.05(2) (2) Parole eligibility.

PAC 1.05(2)(a) (a) Early parole consideration. For persons sentenced for offenses committed before December 31, 1999, the chairperson may waive the 25% service of sentence requirement under s. 304.06 (1) (b), Stats., if the chairperson determines that extraordinary circumstances warrant an earlier parole consideration and the sentencing court, district attorney, and the victim, if available, have been notified and permitted to comment upon the proposed recommendation.

PAC 1.05(2)(b) (b) Initial parole eligibility. For persons sentenced for offenses committed before December 31, 1999, the inmate’s eligibility for discretionary parole will be determined under s. 304.06, Stats.

PAC 1.05(2)(c) (c) Subsequent parole eligibility.

PAC 1.05(2)(c)1. 1. When incarceration follows parole revocation without the imposition of a new sentence, parole eligibility shall be established at 6 months from the date of return to the institution, less sentence credit under s. 973.155 (1), Stats.

PAC 1.05(2)(c)2. 2. When incarceration follows parole revocation and involves the imposition of a new sentence, parole eligibility shall be established at 6 months from the custody date, less sentence credit under s. 973.155 (1), Stats., or in accordance with the eligibility date of the new sentence.

PAC 1.05(2)(c)3. 3. When incarceration follows parole revocation and initial release consideration occurs, the imposition of a new sentence may affect parole eligibility if the 25% service requirement under s. 304.06 (1) (b), Stats., of the new sentence results in a date that is later than the parole eligibility date that the commission establishes at initial consideration.

PAC 1.05(3) (3) Release to extended supervision eligibility.

PAC 1.05(3)(a) (a) Initial release to extended supervision eligibility. For persons sentenced under s. 973.01, Stats., the inmate’s eligibility for release consideration will be determined under s. 304.06 (1) (bg), Stats.

PAC 1.05(3)(b) (b) Subsequent release to extended supervision eligibility. When incarceration follows revocation of extended supervision, an eligibility date will be established in accordance with s. 304.06 (1) (bg), Stats.

PAC 1.05(4) (4) Waiver of release consideration. An inmate may waive release consideration at any time by notifying the commission in writing through institution staff. No review or decision will occur. A waiver will not effect future commission decisions.

PAC 1.05(5) (5) Withdrawal of consideration. If an inmate declines to appear before the commission at the time of a scheduled interview or appears but refuses to participate, the failure to appear or participate, unless excused by the commission, shall be construed as a withdrawal of release consideration. No review or decision will occur. A withdrawal will not affect future parole or release to extended supervision decisions.

PAC 1.05(6) (6) Re-establishment of eligibility for consideration. To become eligible for release consideration following a waiver or withdrawal, the inmate shall apply in writing to the commission through institution staff. The eligibility date shall be established in accordance with the inmate’s sentence structure. An interview will be scheduled based on the inmate’s application.

PAC 1.05 History History: EmR0940: emerg. r. and recr. eff. 12-31-09; CR 09-119: cr. Register November 2010 No. 659, eff. 12-1-10.

PAC 1.06 PAC 1.06 Release consideration.

PAC 1.06(1) (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.

PAC 1.06(2) (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.

PAC 1.06(3) (3) After initial consideration, the commission may schedule a subsequent review to determine if the inmate meets the criteria for release.

PAC 1.06(4) (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).

PAC 1.06(5) (5) The chairperson may assign one or more commissioners to conduct a release consideration interview.

PAC 1.06(6) (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.

PAC 1.06(7) (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.

PAC 1.06(8) (8) The commissioner’s decision shall be based on information available, including file material, victim’s statements if applicable, and any other relevant information.

PAC 1.06(9) (9) A deferral greater than 12 months requires the written approval of the chairperson.

PAC 1.06(10) (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.

PAC 1.06(11) (11) Release consideration may occur without the inmate present when one of the following circumstances occurs:

PAC 1.06(11)(a) (a) The inmate had an interview within the preceding 12 months.

PAC 1.06(11)(b) (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.

PAC 1.06(11)(c) (c) The inmate is in segregation status.

PAC 1.06(11)(d) (d) The inmate is within two months of MR or release to extended supervision.

PAC 1.06(12) (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.

PAC 1.06(13) (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.

PAC 1.06(14) (14) Interpretive services shall be provided for an inmate in order to facilitate effective communication.

PAC 1.06(15) (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.

PAC 1.06(16) (16) A recommendation for a parole grant or release to extended supervision order may be made after consideration of all the following criteria:

PAC 1.06(16)(a) (a) The inmate has become parole or release to extended supervision eligible under s. 304.06, Stats., and s. PAC 1.05.

PAC 1.06(16)(b) (b) The inmate has served sufficient time so that release would not depreciate the seriousness of the offense.

PAC 1.06(16)(c) (c) The inmate has demonstrated satisfactory adjustment to the institution.

PAC 1.06(16)(d) (d) The inmate has not refused or neglected to perform required or assigned duties.

PAC 1.06(16)(e) (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:

PAC 1.06(16)(e)1. 1. The inmate has gained maximum benefit from programs.

PAC 1.06(16)(e)2. 2. The inmate can complete programming in the community without presenting an undue risk.

PAC 1.06(16)(e)3. 3. The inmate has not been able to gain entry into programming and release would not present an undue risk.

PAC 1.06(16)(f) (f) The inmate has developed an adequate release plan.

PAC 1.06(16)(g) (g) The inmate is subject to a sentence of confinement in another state or is in the United States illegally and may be deported.

PAC 1.06(16)(h) (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.

PAC 1.06(17) (17) The commission shall provide an opportunity for a victim to provide direct input and to attend the interview.

PAC 1.06(18) (18) The commission shall permit any office or person to submit a written statement for consideration in its decision-making process.

PAC 1.06 History History: EmR0940: emerg. r. and recr. eff. 12-31-09; CR 09-119: cr. Register November 2010 No. 659, eff. 12-1-10.

PAC 1.07 PAC 1.07 Commission recommendations.

PAC 1.07(1) (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.

PAC 1.07(2) (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.

PAC 1.07(3) (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.

PAC 1.07(4) (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.

PAC 1.07(5) (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.

PAC 1.07(6) (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.

PAC 1.07(7) (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.

PAC 1.07(8) (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.

PAC 1.07 History History: EmR0940: emerg. r. and recr. eff. 12-31-09; CR 09-119: cr. Register November 2010 No. 659, eff. 12-1-10.

PAC 1.08 PAC 1.08 Release due to extraordinary health condition or age.

PAC 1.08(1) (1) Eligibility. An inmate serving a bifurcated sentence imposed under s. 973.01, Stats., or, notwithstanding s. 973.014 (1g) (a) or (2), Stats., serving a life sentence imposed under s. 973.014, Stats., may petition the commission for modification of the inmate’s sentence to be released to extended supervision if the inmate meets one of the following eligibility criteria:

PAC 1.08(1)(a) (a) The inmate is 65 years of age or older and has served at least 5 years of the term of confinement in the prison portion of the bifurcated sentence for a sentence imposed under s. 973.01, Stats., or has served at least 5 years for a life sentence imposed under s. 973.014, Stats.

PAC 1.08(1)(b) (b) The inmate is 60 years of age or older and has served at least 10 years of the term of confinement in the prison portion of the bifurcated sentence for a sentence imposed under s. 973.01, Stats., or has served at least 5 years for a life sentence imposed under s. 973.014, Stats.

PAC 1.08(1)(c) (c) The inmate has an extraordinary health condition.

PAC 1.08(2) (2) Right to representation. An inmate who is eligible to petition for modification of the sentence under this section has a right to be represented by counsel in proceedings under this section. An inmate or the department on the inmate’s behalf, may apply to the state public defender for determination of indigency and appointment of counsel under s. 977.05 (4) (jm), Stats., before or after the filing of the petition.

PAC 1.08(3) (3) Petition. An inmate who files a petition for release under this section shall include all of the following in support of his or her petition:

PAC 1.08(3)(a) (a) Date of birth.