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: