Respectfully Submitted,
JIM DOYLE
Governor
Read and referred to committee on Health, Health Insurance, Privacy, Property Tax Relief, and Revenue.
__________________
Referrals and Receipt of Committee Reports Concerning Proposed Administrative Rules
The committee on Education reports and recommends:
Relating to waiver of school hours.
No action taken.
John Lehman
Chairperson
__________________
The committee on Transportation, Tourism, Forestry, and Natural Resources reports and recommends:
Relating to motor vehicle convenience fees.
No action taken.
Jim Holperin
Chairperson
__________________
Petitions and Communications
State of Wisconsin
Legislative Reference Bureau
June 1 , 2010
To the Honorable, the Legislature:
The following rules have been published in the May 31, 2010 Wisconsin Administrative Register No.653:
Clearinghouse Rules Effective Date(s)
08-0686-1-2010
09-0246-1-2010
09-0476-1-2010
09-0486-1-2010
09-0536-1-2010
09-0576-1-2010
09-0616-1-2010
09-0636-1-2010
09-0686-1-2010
09-0746-1-2010
09-0766-1-2010
09-0826-1-2010
09-0886-1-2010
09-0906-1-2010
09-0936-1-2010
09-0956-1-2010
09-0986-1-2010
09-1006-1-2010
09-1016-1-2010
09-1036-1-2010
09-1066-1-2010
09-1096-1-2010
09-1116-1-2010
09-1136-1-2010
09-1156-1-2010
09-1166-1-2010
09-1176-1-2010
10-0036-1-2010
Sincerely,
BRUCE J. HOESLY
Senior Legislative Attorney/Code Editor
__________________
State of Wisconsin
Office of the Governor
May 27, 2010
The Honorable, The Legislature:
As required by Article V, Section 6 of the Wisconsin Constitution, I am submitting the annual Executive Clemency Report to the Legislature, covering those clemency cases upon which final dispositions were rendered for applicants during the 2009 calendar year. Below are the fifty-one applicants who received a full pardon in 2009:
S812 Mark Ball (date of birth October 29, 1963), convicted on June 26, 1984, of two counts of Delivery of a Controlled Substance, was sentenced to eighteen months in prison (each count served concurrently) and two years of probation (each count served concurrently). The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Mr. Ball was granted a pardon on March 25, 2009, based on the length of time since the offense and the recommendations from both the Judge and District Attorney.
James Clark (date of birth May 10, 1949), convicted on or about November 28, 1969, of Possessing and Selling Marijuana, was sentenced to three years in Wisconsin State Reformatory (stayed) and three years of probation. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Mr. Clark was granted a pardon on March 25, 2009, based on the non-violent nature of the crime, lack of other criminal justice system contact, the length of time since the offense, and demonstrated public service.
Cheryl Schiltz (date of birth October 14, 1968), convicted on April 24, 1996, of Possession with Intent to Manufacture Controlled Substance, was sentenced to three years of probation, six months license suspension, and to pay a fine. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Ms. Schiltz was granted a pardon on March 25, 2009, based on Ms. Schiltz's extensive personal growth and development, significant community achievements, lack of other criminal justice system contact, the non-violent nature of the offense, and strong recommendations, including the support of the District Attorney.
Jerry Hardy (date of birth July 20, 1945), convicted on March 18, 1977, of Delivery of Amphetamine, was sentenced to six months in jail. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Mr. Hardy was granted a pardon on March 25, 2009, based on lack of other criminal justice system contact, a lack of a previous record, the non-violent nature of the crime, and the length of time since the offense.
Anthony Kurth (date of birth April 19, 1970), convicted on May 15, 1992, of Delivery of Marijuana, was sentenced to two years of probation, to pay restitution, and to pay a fine. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Mr. Kurth was granted a pardon on March 25, 2009, based on his positive adjustment, length of time since the offense, valid job concerns, extensive personal growth and development, and community achievements.
Magnolia Turbidy (date of birth December 7, 1979), convicted on or about October 4, 2000, of Delivery of LSD, was sentenced to 120 days in a county jail and to pay restitution. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Ms. Turbidy was granted a pardon on March 25, 2009, based on her positive adjustment, extensive personal growth & development, commitment to public service, significant community achievements, and strong recommendations, including that of the Judge.
Lisa Hawthorne (date of birth December 29, 1968), convicted on March 11, 1996, of Operating a Vehicle Without Owner's Consent, was sentenced to three years of probation (one year for unpaid restitution). The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Ms. Hawthorne was granted a pardon on March 25, 2009, based on lack of other criminal justice system contact, the non-violent nature of the crime, and length of time since the offense.
Misty Peterson (date of birth December 7, 1970), convicted on September 14, 1995, of Theft of Movable Property (PTAC) and Burglary of a Building or Dwelling (PTAC), was sentenced to six months in jail, five years of probation, and to pay restitution. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Ms. Peterson was granted a pardon on March 25, 2009, based on her positive adjustment, lack of other criminal justice system contact, and documented need.
Gwendolyn Triggs (date of birth September 3, 1964), convicted on August 12, 1993, of Failure to Report Income and Food Stamp Fraud, was sentenced to three years in prison, ten years of probation, and five years of probation (served concurrent to count one). The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Ms. Triggs was granted a pardon on March 25, 2009, based on her positive adjustment, lack of other criminal justice system contact, the non-violent nature of the crime, length of time since the offense, a lack of a previous record, valid job concerns, and significant community achievements.
Bonita Perry (date of birth June 23, 1963), convicted on January 24, 1992, of Failure to Report Receipt of Income and Food Stamp Fraud, was sentenced to six months in a House of Corrections, five years of probation, and to pay restitution. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Ms. Perry was granted a pardon on March 25, 2009, based on a lack of other criminal justice system contact, the non-violent nature of the crime, length of time since the offense, and a lack of a previous record.
Adrena Brooks (date of birth October 10, 1964), convicted on February 6, 1990, of Welfare Fraud, was sentenced to thirty months of probation, to pay a fine, and to pay restitution. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Ms. Brooks was granted a pardon on March 25, 2009, based on her positive adjustment, lack of other criminal justice system contact, the non-violent nature of the crime, the length of time since the offense, and valid job concerns.
Shandell Samara (date of birth July 4, 1972), convicted on March 12, 1998, of Theft of Movable Property Without Consent, was sentenced to ninety days in a county jail, thirty months of probation, and to pay restitution. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Ms. Samara was granted a pardon on March 25, 2009, based on her positive adjustment, lack of other criminal justice system contact, valid job concerns, substantial need, and extensive personal growth and development.
S813 Richard Leciejewski (date of birth May 27, 1948), convicted on February 23, 1966, of Illegal Entry with Intent to Steal Property, was sentenced to two years of probation and to pay restitution. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Mr. Leciejewski was granted a pardon on March 25, 2009, based on the non-violent nature of the crime, length of time since the offense, and recommendations from both the District Attorney and Judge.
Jerry Norphlet-Brantley (date of birth June 16, 1948), convicted on July 6, 1990, of Welfare Fraud and False Swearing, was sentenced to four years in prison, nine months in a county jail, three years of probation, and to pay a fine. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 5-1. Following the Board's recommendation, Ms. Brantley was granted a pardon on March 25, 2009, based on a lack of prior and subsequent criminal justice system contacts, the non-violent nature of the offense, and the length of time since conviction.
Oralia Godina (date of birth September 1, 1940), convicted on April 11, 1973, of Injury by Conduct Regardless of Life, was sentenced to one year in jail. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 5-1. Following the Board's recommendation, Ms. Godina was granted a pardon on March 25, 2009, based on her positive adjustment, extensive personal growth and development, and documented need.
Ruby McCuiston (date of birth December 16, 1969), convicted on November 15, 1990, of Homicide by Negligent Handling of a Dangerous Weapon, was sentenced to five years in prison and five years of probation. The Governor's Pardon Advisory Board was split by a vote of 3-3. Ms. McCusiton was granted a pardon on March 25, 2009, based on the underlying circumstances of the crime, her positive adjustment, a lack of other prior or subsequent criminal justice system contact, and the length of time since the offense.
Chad Herwald (date of birth January 4, 1970), convicted on September 25, 1992, of Delivery of THC, was sentenced to three months in jail with Huber privileges, three months of house arrest, three years of probation, and to pay a fine. The Governor's Pardon Advisory Board was split by a vote of 3-3. Mr. Herwald was granted a pardon on March 25, 2009, based on his positive adjustment, extensive personal growth and development, and a lack of other criminal justice system contact.
Gregory Pryor (date of birth August 9, 1965), convicted on February 11, 1986, of Endangering Safety or Life, was sentenced to ninety days in jail, three years of probation, to pay restitution and a fine, and 200 hours of community service. The Governor's Pardon Advisory Board was split by a vote of 3-3. Mr. Pryor was granted a pardon on March 25, 2009, based on his acceptance of responsibility, extensive personal growth, documented need, a lack of subsequent criminal justice system contact, and strong support from members of his community.
Robert Diamond (date of birth February 1, 1954), convicted on October 8, 1981, of Delivery of Cocaine and convicted on February 18, 1985, of Possession of a Controlled Substance with Intent to Deliver, was sentenced to eighteen months in prison, seven years of probation, and to pay restitution. The Governor's Pardon Advisory Board was split by a vote of 3-3. Mr. Diamond was granted a pardon on March 25, 2009, based on his positive adjustment, extensive personal growth and development, and the length of time since the offense.
Manuel Renteria (date of birth May 19, 1980), convicted on April 21, 1999, of Conspiracy to Deliver THC, was sentenced to 18 months of probation. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Mr. Renteria was granted a pardon on July 8, 2009, based on Mr. Renteria's positive adjustment, a lack of other criminal justice system contact, the non-violent nature of the crime, and valid job concerns.
Gary Gyr (date of birth November 23, 1953), convicted on July 23, 1986, of Delivery of Controlled Substance (THC), was sentenced to two weeks in jail and two years of probation. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Mr. Gyr was granted a pardon on July 8, 2009, based on his positive adjustment, a lack of other criminal justice system contact, the non-violent nature of the crime, the length of time since the offense, Mr. Gyr's extensive personal growth and development, and recommendations from the District Attorney and Judge.
Sandra Austin (date of birth April 9, 1961), convicted on August 15, 1995, of Failure to Report Receipt of Income, was sentenced to two years of probation and to pay restitution. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Ms. Austin was granted a pardon on July 8, 2009, based on her positive adjustment, a lack of other criminal justice system contact, the non-violent nature of the crime, and her extensive personal growth and development.
Dyan Talakowski (date of birth April 27, 1962), convicted on February 27, 1995, of Forgery-Uttering-PTAC and Conspiracy to Utter a Forged Check, was sentenced to five years of probation for each count (served concurrently). The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Ms. Talakowski was granted a pardon on July 8, 2009, based on a lack of criminal justice system contact, the District Attorney's recommendation, and Ms. Talakowski's full payment of restitution.
Nardeo Sham (date of birth March 19, 1949), convicted on August 29, 1969, of two counts of Theft of Property, was sentenced to three years of probation. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Mr. Sham was granted a pardon on July 8, 2009, based on a lack of prior or subsequent criminal justice system contact, the length of time since the offense, and documented need.
Carey Malom (date of birth May 12, 1969), convicted on August 8, 1990, of Party to a Crime of Attempted Burglary, was sentenced to five days in county jail and five years of probation. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 6-0. Following the Board's recommendation, Mr. Malom was granted a pardon on July 8, 2009, based on his positive adjustment, a lack of prior or subsequent criminal justice system contact, the length of time since the offense, extensive growth and development, and community achievements.
Andretta Smith (date of birth July 16, 1968), convicted on September 16, 1996, of Failure to Report Receipt of Income and Food Stamp Fraud, was sentenced to two years in prison for each count (served concurrent), four years of probation for each count (served concurrent), and to pay restitution. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 5-1. Following the Board's recommendation, Ms. Smith was granted a pardon on July 8, 2009, based on her positive adjustment, extensive personal growth and development through continuing her education, documented need, and the non-violent nature of the crime.
S814 Willie Hughes (date of birth August 24, 1971), convicted on July 21, 1992, of two counts of Delivery of Cocaine as Party to Crime within 1,000 Feet of a School, was sentenced to an indeterminate term not to exceed five years for each count (each count served concurrent), and to pay restitution. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 5-1. Following the Board's recommendation, Mr. Hughes was granted a pardon on July 8, 2009, based on the length of time since the offense, a lack of recent criminal felony contacts, and valid job concerns.
Robert Schalinske (date of birth October 4, 1977), convicted on March 17, 1997, of Delivery of Psilocybin (Mushrooms), was sentenced to two years of probation and to pay a fine. The Governor's Pardon Advisory Board recommended granting a pardon by a vote of 5-1. Following the Board's recommendation, Mr. Schalinske was granted a pardon on July 8, 2009, based on Mr. Schalinske's positive adjustment, a lack of prior or subsequent criminal justice system contact, his community service, the non-violent nature of the crime, and Mr. Schalinske's honesty and forthrightness.
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