There are no federal regulations which address the procedures for parole or release consideration in Wisconsin.

The rules of the Illinois Prisoner Review Board (IPRB) are found in 20 Ill. Adm. Code ss. 1610.10 - 1610.180. Like the ERRC the IPRB notifies the inmate in advance of the parole consideration hearing that the hearing has been scheduled and gives inmates access to the evidence to be considered by the IPRB prior to the hearing. Like the ERRC the purpose of the IPRB hearings is to gather information to determine whether release should occur. The IPRB rules specifically state that the hearings are not adversarial. However, an IL inmate has an attorney present at his or her own expense. The ERRC does not permit an attorney to be present, except for hearings on petitions for release due to extraordinary health condition or age. The IPRB rules set forth a more detailed list of criteria to be considered for release. However, the ERRC listing covers all of the same issues for consideration. The IPRB requires a decision to be made within 7 days of the hearing. There is no comparable timeframe for the ERRC. The IPRB rules provide for a hearing in cases where the IPRB is considering rescinding a grant of parole. The hearing process appears to be comparable to the process used for an initial hearing. In the current rule the hearing on the decision to rescind is a full hearing before an administrative law judge from the Division of Hearings and Appeals, including the opportunity to confront and cross examine witnesses. In the proposed rule the ERRC has removed the opportunity for a hearing on the issue of rescission. Unlike the ERRC the IPRB provides the opportunity for rehearing.

The rules of the Board of Parole are found in IA 205 chapters 1-8, most specifically IA-ADC 205-8.1, et seq. The agency responsible for making parole and work release determinations is the Iowa Parole Board (Board). The Board is responsible for assessing the risk of each inmate committed to the custody of the IA DOC. Inmates are not eligible for parole if they are serving a mandatory minimum sentence under IC s. 902.11. The Board reviews an inmate annually for parole consideration. If an interview is to be conducted, the Board gives the inmate notice. Factors which are to be considered in parole decisions are: previous criminal record, nature and circumstances of the offense, recidivism record, convictions or behavior indicating a propensity for violence, participation in institutional programs, including academic and vocational training, psychiatric and psychological evaluations, length of time served, evidence of serious or habitual institutional misconduct, success or failure while on probation, prior parole or work release history, prior refusal to accept parole or work release, history of drug or alcohol use, a parole plan formulated by the inmate, general attitude and behavior while incarcerated, and risk assessment. The Board may request that a psychiatric or psychological evaluation be done on an inmate to assist in its determination. Information considered by the Board will normally be made available to the inmate for review. Like the ERRC the Board can conduct an interview and/or a case review when considering release. IA parole proceedings are open to the public, except as “otherwise necessary or proper." If a person from the public attends, that person may not participate in the proceedings. The number of persons other than the inmate and institution staff who may attend may be limited by the Board. The Board has extensive rules on the conduct of the media during parole proceedings. The Board rules incorporate actual risk assessment scores into its evaluation of whether an inmate is suitable for parole. Depending on the score and an assessment of whether the inmate can be released without detriment to the community or to the inmate, the Board may grant the parole if at least 3 members agree for risk assessment scores of 1 through 6, if at least 4 members agree for scores of 7 or 8, and if the Board is unanimous for a score of 9. The Board may grant an inmate parole at any time following successful completion of work release. Successful completion is a defined concept.

The authority for the Michigan Parole Board (Board) is found in MCLA 791.231a, et seq., and MI ADC R. 791.7715, et seq. Like Wisconsin, the Board may parole an inmate once the inmate has served a minimum term imposed by the sentencing court less allowances for good time. Michigan prohibits release before the inmate has served the minimum term, despite the earning of good time for certain enumerated crimes, including those sentenced to an indeterminate sentence, controlled or counterfeit substance offenses, and habitual offender. Factors to be considered in making a parole decision include: the offense for which the inmate is incarcerated, the inmate's institutional conduct, program performance, prior criminal record, and other relevant factors; also, the inmate's statistical risk screening and age. The Board may grant a parole without interviewing the inmate if after evaluating the inmate the Board determines that the inmate has a high probability of being paroled and the Board intends to parole the inmate. The Board is required to give the inmate 1 month notice of the parole interview, including date and issues and concerns to be discussed during the interview. An inmate may waive the right to an interview before one Board member. The inmate may have a representative of his choice but the representative may not be another inmate or an attorney. There is no right to the appointment of public counsel. Institution staff prepares a parole eligibility report which includes misconduct reports, institution work and education record, health and mental health examination results, and cooperation with the payment of financial obligations. If the Board denies parole, the inmate shall be given a written explanation for the denial and, if appropriate, specific recommendations for corrective action. The Board may amend or rescind a parole decision for cause before the inmate is released on parole. However, at least one member of the Board must conduct an interview with the inmate for the purpose of considering and acting upon information received after the original parole release decision. A parole order may be amended but is not effective until the inmate is given written notice of the amendment. The Board sets the conditions of parole and the amount of the supervision fees to be collected during the period of supervision. In the administrative rules, the Board may consider the inmate's criminal behavior, institutional adjustment, readiness for release, the inmate's personal history and growth, the inmate's physical and mental health. If an inmate is being considered for parole, the inmate shall receive a psychological or psychiatric evaluation before release if the inmate has been hospitalized for mental illness in the last 2 years, has a history of predatory or assaultive sexual offenses, or has serious or persistent history of assaultiveness within the institution. Inmates are evaluated for a parole guideline score which is based on a combination of the length of the time the inmate has been incarcerated for the offense and other listed factors.

The State of Minnesota does not have a separate Parole Board. The entity which grants paroles and work release is called the executive officer of hearings and release, who has been delegated this authority by the commissioner of corrections. The relevant provisions can be found in MN ADC chapter 2940 [MN ADC 2940.0100, et seq.]. Prior to a reentry review, an inmate is given notice of the date and time of the review. The notice must include the purpose of the review, the material to be covered and the right to review documents which will be considered as part of the review. The inmate may submit written documentation and appear and speak on his or her own behalf during the hearing. Institution discipline may cause an inmate to lose good time or extend a term of incarceration. For inmates with life sentences, there is an advisory panel which is comprised of the deputy commissioner for institutions, the deputy commission for community services, the superintendent or warden of the inmate's current residence, and the executive officer of the hearings and release unit and whose duties is to review each inmate 3 years before the inmate's parole or supervised release eligibility date in order to establish a projected release date or future review date. The panel shall assist the commissioner of corrections in considering the inmate's case history, including the facts and circumstances of the offense for which the life sentence is being served, past criminal history, institutional adjustment, program team reports, psychological and psychiatric reports where pertinent, and the results of community investigations.

The Earned Release Review Commission has determined that the rule will not have a significant economic impact on a substantial number of small businesses since the rule does not regulate small businesses as that term is defined in § 227.114, Stats.

Not applicable.

The Earned Release Review Commission has determined that the rule will not have a significant economic impact on a substantial number of small businesses since the rule does not regulate small businesses as that term is defined in § 227.114, Stats.

This rule repeals PAC 1 relating to procedures for the release of inmates from Wisconsin prison and recreates the chapter to incorporate current practice and changes required by 2009 Wisconsin Act 28.

The Earned Release Review Commission [ERRC — formerly the Parole Commission] has authority to promulgate rules governing its procedures for considering inmate petitions for release. This rule incorporates current procedures, changes in practice and law changes [2009 Wisconsin Act 28] including consideration of inmate petitions for release due to age or to extraordinary health considerations, early release of certain truth-in-sentencing offenders [TIS] and inmates who have served 75% or 85% of the term of confinement. This rule sets forth the procedures by which ERRC will operate.

Prior to the passage of 2009 Act 28, inmates sentenced under truth-in-sentencing [TIS], and who had a Class C through Class I felony, could petition the sentencing court for early release if the inmate had a terminal health condition. Instead of petitioning the sentencing court, inmates will now petition ERRC for early release consideration if the inmate claims to have an extraordinary health condition as certified by two physicians. This procedure also applies to inmates who are 60 years old or older and have served 10 years of the sentence or 65 years old or older and served 5 years of the sentence.

The Department can not estimate the number of inmates who will petition ERRC for early release pertaining to extraordinary health circumstances or age, since many more inmates than those who are eligible may apply.

Effective October 1, 2009, ERRC will also review all TIS petitions, rather than the courts, and expand reviews to include Class A and Class B felonies, as well as consideration of positive adjustment time eligibility. The Department can not estimate how many of the eligible inmates will be approved to be released early.

Increase costs — may be possible to absorb within agency's budget.

None.

GPR.

Section 20.410 (2), Stats.

PAC 1.01 Authority. This chapter is promulgated under ss. 227.11 (2), 304.06 (1) (e), and 304.06 (1) (em), Stats.

PAC 1.02 Purpose. This chapter establishes the process by which the commission reviews requests for parole or release under Ch. 302 and 304, Stats.

PAC 1.03 Definitions. In this chapter:

(1) "Chairperson" means the chairperson of the commission. "Chairperson" includes a commissioner who is designated by the chairperson to perform a specific assignment or duty.

(2) “Commission" means the earned release review commission, including the chairperson and commissioners.

(3) “Commissioner" means a member of the earned release review commission, including the chairperson.

(4) “Deferral" means an action by a commissioner, which follows release consideration and which denies release for a specified period of time.

(5) “Denial" means an action by a commissioner which denies early release to extended supervision or release prior to mandatory release.

(6) “Department" means the department of corrections.

(7) “Direct input" means the opportunity for the victim to communicate with the commission regarding the offender's release.

(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.

(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.

(10) “Family member" means spouse, domestic partner under ch. 770, Stats., child, sibling, parent or legal guardian.

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

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

(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.

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

(15) “Parole grant or release 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.

(16) “Parole or release eligible" means qualified to be considered for release under ch. 302 or 304, Stats.

(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.

(18) “Release consideration" means the process by which a commissioner reviews relevant information concerning an inmate who is approaching release eligibility, including parole.

(19) “Victim" means a person against whom a crime has been committed or a victim's family member.

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

(1) Depreciation of the seriousness of the offense resulting from early release;

(2) Risk to the community; and

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

PAC 1.05 Eligibility for release consideration. (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.

(2) PAROLE ELIGIBILITY. (a) For persons sentenced for offenses committed on or 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.

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

(c) Subsequent parole eligibility. 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.

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

3. When incarceration follows parole revocation and initial release consideration occurs, imposition of a new sentence may affect the eligibility date.

(3) RELEASE ELIGIBILITY. (a) Initial release 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.

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

(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

(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 parole consideration. No review or decision will occur. A withdrawal will not effect future parole decisions.

(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 new eligibility date.

PAC 1.06 Release consideration. (1) For persons sentenced for offenses that occurred on or 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) 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.

(3) Release consideration for persons whom the commission has deferred shall be scheduled according to the new eligibility date.

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

(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.