Wisconsin Administrative Code Parole Commission
Overview of the Wisconsin Parole Commission
The Wisconsin Parole Commission is the state agency responsible for making decisions about parole release for eligible offenders, establishing parole conditions, revoking parole when necessary, and supervising parolees. The Commission’s authority and procedures are governed by the Wisconsin Administrative Code and state statutes.
Key Functions and Regulatory Scope
Parole Eligibility and Release Decisions
The Commission determines when an inmate is eligible for parole based on statutory guidelines.
It evaluates applications for parole release considering factors like public safety, inmate behavior, rehabilitation efforts, and the nature of the offense.
The Commission can grant, deny, or revoke parole.
Parole Supervision and Conditions
Sets conditions that parolees must follow, such as regular meetings with parole agents, employment requirements, and restrictions on travel.
Monitors compliance with conditions and provides guidance and support.
Parole Revocation Process
If a parolee violates conditions, the Commission holds hearings to determine if parole should be revoked.
Procedures include notices of violation, hearings, evidence presentation, and the right to counsel.
Parole revocation can result in return to prison.
Administrative Procedures
Rules for how hearings are conducted.
Rights of parolees and victims in the process.
Confidentiality and record-keeping standards.
Relevant Wisconsin Administrative Code Sections (Typical)
Parole eligibility criteria and schedules
Procedures for parole hearings
Standards for parole conditions
Revocation hearing procedures
Appeals and reconsiderations
Relevant Case Law Principles
While specific Wisconsin case law directly interpreting the Parole Commission’s rules may be limited in detail, several important principles from parole and administrative law cases apply:
1. Discretion of the Parole Commission
Courts generally defer to the Parole Commission’s discretion in parole decisions.
Decisions to grant or deny parole are typically not subject to judicial review unless there is evidence of an abuse of discretion or violation of due process.
2. Due Process Rights in Parole Revocation
The U.S. Supreme Court in Morrissey v. Brewer (1972) established minimum due process rights for parole revocation, which states including Wisconsin follow:
Written notice of alleged violations.
Disclosure of evidence.
Opportunity to be heard and present witnesses.
Neutral and detached hearing body.
Written statement of reasons for revocation.
Wisconsin parole procedures must comply with these standards.
3. Procedural Fairness
Parolees have a right to fair process but do not have a constitutional right to parole.
Courts ensure that revocation decisions are supported by “some evidence” to justify the findings.
Arbitrary or capricious decisions can be overturned on judicial review.
4. Victims’ Rights
Wisconsin law provides victims certain rights in parole proceedings, including notification and participation.
Courts uphold these provisions as balancing the interests of victims and parolees.
5. Limits of Judicial Review
Courts generally do not re-weigh the evidence or substitute their judgment for the Commission’s.
Judicial intervention is reserved for clear violations of law, due process, or constitutional rights.
Summary
The Wisconsin Parole Commission administers parole release, supervision, and revocation according to statutory and administrative rules designed to protect public safety while providing rehabilitative opportunities for offenders. The Commission operates with broad discretion, subject to constitutional due process protections, especially in revocation hearings.
Case law emphasizes fair procedures but defers substantially to the Commission’s expertise and judgment in parole matters, reflecting the balance between individual rights and public safety.
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