Pubdate: Wed, 07 Mar 2007
Source: Capital Times, The  (WI)
Copyright: 2007 The Capital Times
Contact:  http://www.madison.com/tct/
Details: http://www.mapinc.org/media/73
Author: David Callender

BUDGET PLAN: INMATES MAY BE ELIGIBLE FOR EARLY RELEASE

More prison inmates could be eligible for early release under the 
state's "truth in sentencing" law, which was intended to make 
criminals serve their entire sentence behind bars, if lawmakers 
approve Gov. Jim Doyle's proposed budget.

The document includes a provision that would allow the state Parole 
Commission to review inmates' petitions for early release under the 
decade-old sentencing law. The sentencing provision and other 
surprises came to light Tuesday with the release of the Legislative 
Fiscal Bureau's analysis of Doyle's 1,700-page budget, which he 
introduced in February.

Inclusion in the budget doesn't automatically make the sentencing 
provision or any of the other new policy items law. The 
budget-writing Joint Finance Committee will mark the start of 
legislative action on the budget with a series of public hearings 
later this month, but the governor's extensive veto powers give him a 
powerful hand in shaping the final document.

Truth in sentencing was enacted in 1997 in an effort to abolish 
parole and early release and give crime victims more certainty that 
criminals would serve their entire sentences behind bars.

But an amendment approved in 2002 allows inmates to petition trial 
judges in their cases for early release from prison. Corrections 
officials say only a fraction of all inmates file such petitions.

The law allows for inmates convicted of less serious felonies like 
property crimes and drug offenses to petition for early release after 
serving at least 75 percent of their prison sentence, and for inmates 
convicted of more serious, usually violent, crimes to seek early 
release after serving at least 85 percent of their sentence.

Doyle's budget provision would apply only to those sentenced for less 
serious felonies.

Corrections Secretary Matt Frank said the proposal is intended to 
streamline the early release process.

He acknowledged that if lawmakers approve the change, "there could be 
more petitions granted because the current mechanism with the judges 
is not a very efficient process. With the commission, there could be 
more (approvals), but that would have to be decided by the commission."

The department's budget anticipates that more inmates will be 
released and that the state would save at least $464,900 beginning in 
2008, when the proposed changes would take effect.

Doyle's budget also includes other changes to truth in sentencing, 
which prison officials said has driven up costs by increasing the 
time inmates spend in prison.

The budget would extend the life of the state Sentencing Commission, 
which was set to expire later this year. The commission would develop 
guidelines for judges to use in sentencing criminals and report back 
to lawmakers by 2008.

The commission has been meeting since 2003, "but they've been unable 
to come to a consensus on permanent guidelines" for the judges to 
use, Frank said. "It's very important that we have consistent 
guidelines available to judges at the time of sentencing."

The governor's budget would also establish a new Bureau of Criminal 
Justice Research within the Department of Administration to study 
issues related to crime and punishment. Wisconsin has one of the 
highest rates of incarceration in the nation and the highest rate of 
incarceration for African-Americans.

Doyle would also establish a $750,000 grant to help the county with 
the highest crime rate in the state, most likely Milwaukee County, to 
prevent further crime.

And Doyle would give $1 million to fund legal advice to poor people 
who can't afford it in civil cases, such as lawsuits. Currently, poor 
people are eligible for legal help in criminal cases, but not in civil cases.
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MAP posted-by: Beth Wehrman