Law Offices of Jeffrey W. Jensen 735 W. Wisconsin Ave., Twelfth Floor Milwaukee, WI 53233
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Jeffrey W. Jensen is a criminal defense lawyer in Milwaukee, Wisconsin. He is also a criminal appeals lawyer in Wisconsin.
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Today on The Jensen Defense
Wisconsin Act 28 Gives Wisconsin Inmates a Light at the End of Truth-in-Sentencing Tunnel
By: Jeffrey W. Jensen
Wisconsin Act 28, which became effective on October 1, 2009, creates a complex process that, in the end, will allow some inmates in Wisconsin prisons to be released early from their Truth-in-Sentencing sentences. Early release may be granted for good behavior in prison or for humanitarian reasons. Additionally, the act authorizes the Department of Corrections to terminate the probation or extended supervision of persons who are performing well under community supervision.
Under Act 28, inmates are eligible for early release for "positive adjustment time" (PAT). The concept of PAT is very similar to old-fashioned "good time"; however, the law contains an elaborate formula for calculating PAT for various types of inmates. Many inmates, though, are excluded from eligibility for early release. These inmates include sex offenders, violent offenders, and those found not guilty by reason of mental disease or defect. For persons sentenced prior to October 1, 2009, any PAT awarded will be added to the period of extended supervision. Therefore, the total length of the sentence does not change. On the other hand, those inmates sentenced after October 1, 2009 are eligible for a Risk Reduction Sentence which will allow him to be awarded PAT which will not be added to the period of extended supervision.
The procedure
Once the process is initiated by the filing of a petition for early release. The Department of Corrections (DOC) determines the inmate's eligibility based on the current offense and his prior record. The institution then completes a DOC 502 risk assessment form. If the inmate scores as a "high risk", he or she is not eligible. The DOC 502 risk assessment is based upon an actuarial study conducted by the DOC. The DOC will also carefully review the inmate's institutional record. Thereafter, the court may order a hearing within thirty days. Significantly, if the court does not order a hearing, and if the petitioner otherwise meets the requirements, he or she will be released into the community.
Risk Reduction Sentence
For inmates who have been sentenced after the effective date of Act 28 (October 1, 2009), the inmate is eligible for a "Risk Reduction Sentence" (RRD). See 973.031, Stats. The inmate must maintain good conduct while in prison and must serve at least 75% of the confinement portion of the bifurcated sentence. After serving 75% of the sentence, the inmate may petition for release, and, if the request is granted, any reduction in initial confinement time will not be added to the term of extended supervision, so the total length of the bifurcated sentence originally imposed does change. Again, there are numerous exclusions to an RSS sentence. Generally, those convicted of serious felonies (Class A or B felonies), or violent crimes may not petition for early release.
Humanitarian Release
In a move that those in the criminal justice system have demanded for years, the legislature provided for humanitarian release from a prison sentence under specific circumstances. An inmate who is 65 years of age or older, and who has served at least five years confinement for a bifurcated sentence, including a life sentence; or an inmate who is 60 years of age or older and has served at least 10 years confinement; is eligible for release if he has a documented terminal condition.
Termination of probation and extended supervision
Finally, Act 28 also made a significant change in the way terms of probation are served. The DOC may modify a person’s period of probation and discharge the person from probation if the person has completed 50% of his or her probation.See973.09(3)(d), Stats. Likewise, the DOC may Administratively Discharge a person on parole under old and new law.See,DOC 328.17(3)(b), Wis. Admin. Code. With the usual exceptions for violent offenders, the DOC may also terminate the extended supervision of those serving bifurcated TIS sentences.
The practical impact of Act 28 is still to be seen; nonetheless, the law offers hope to those non-violent offenders currently serving sentences under Wisconsin's Truth-in-Sentencing law.
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If you need a criminal defense lawyer in Milwaukee, Wisconsin; or if you need a criminal appeals lawyer in Wisconsin you must consider the Law Offices of Jeffrey W. Jensen
Milwaukee criminal defense attorney Jeffrey W. Jensen, of the Law Offices of Jeffrey W. Jensen, a Milwaukee law firm with offices located at 735 W. Wisconsin Avenue, Twelfth Floor, Milwaukee, Wisconsin, has represented persons throughout the State of Wisconsin. If you will face felony charges in either state court or in federal court you should call 414.224.9484. Attorney Jensen regularly appears in Milwaukee County (Milwaukee criminal defense lawyer), Waukesha County (Waukesha criminal defense lawyer, Brookfield criminal defense lawyer), Washington County (West Bend and Germantown criminal defense lawyer), Racine County (Racine criminal defense lawyer), Kenosha County (Kenosha criminal defense lawyer), Brown County (Green Bay criminal defense lawyer), Fond du Lac County (Fond du Lac criminal defense lawyer), and Winnebago County (Oshkosh criminal defense lawyer)
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