PAC 1.04 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 1.05 PAC 1.05 Eligibility for release consideration.

PAC 1.05(1) (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.

PAC 1.05(2) (2) Parole eligibility.

PAC 1.05(2)(a) (a) Early parole consideration. For persons sentenced for offenses committed 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.

PAC 1.05(2)(b) (b) Initial parole eligibility. For persons sentenced for offenses committed before December 31, 1999, the inmate’s eligibility for discretionary parole will be determined under s. 304.06, Stats.

PAC 1.05(2)(c) (c) Subsequent parole eligibility.

PAC 1.05(2)(c)1. 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.

PAC 1.05(2)(c)2. 2. When incarceration follows parole revocation and involves the imposition of a new sentence, parole eligibility shall be established at 6 months from the custody date, less sentence credit under s. 973.155 (1), Stats., or in accordance with the eligibility date of the new sentence.

PAC 1.05(2)(c)3. 3. When incarceration follows parole revocation and initial release consideration occurs, the imposition of a new sentence may affect parole eligibility if the 25% service requirement under s. 304.06 (1) (b), Stats., of the new sentence results in a date that is later than the parole eligibility date that the commission establishes at initial consideration.

PAC 1.05(3) (3) Release to extended supervision eligibility.

PAC 1.05(3)(a) (a) Initial release to extended supervision 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.

PAC 1.05(3)(b) (b) Subsequent release to extended supervision eligibility. When incarceration follows revocation of extended supervision, an eligibility date will be established in accordance with s. 304.06 (1) (bg), Stats.

PAC 1.05(4) (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.

PAC 1.05(5) (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 release consideration. No review or decision will occur. A withdrawal will not affect future parole or release to extended supervision decisions.

PAC 1.05(6) (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 inmate’s application.

PAC 1.05 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 1.06 PAC 1.06 Release consideration.

PAC 1.06(1) (1) Except as provided in s. PAC 1.05 (1), for persons sentenced for offenses that occurred 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.

PAC 1.06(2) (2) Except as provided in s. PAC 1.05 (1), 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., if practicable.

PAC 1.06(3) (3) After initial consideration, the commission may schedule a subsequent review to determine if the inmate meets the criteria for release.

PAC 1.06(4) (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).

PAC 1.06(5) (5) The chairperson may assign one or more commissioners to conduct a release consideration interview.

PAC 1.06(6) (6) The inmate shall have access at the correctional institution where the inmate is confined to the documentary information which the commissioner considered, except information determined to be confidential may not be disclosed.

PAC 1.06(7) (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.

PAC 1.06(8) (8) The commissioner’s decision shall be based on information available, including file material, victim’s statements if applicable, and any other relevant information.

PAC 1.06(9) (9) A deferral greater than 12 months requires the written approval of the chairperson.

PAC 1.06(10) (10) The interview shall be recorded. A transcript shall be prepared only upon an order of the court which has jurisdiction over a petition for judicial review of the decision.

PAC 1.06(11) (11) Release consideration may occur without the inmate present when one of the following circumstances occurs: