WI Dept of Corrections Will Hold Hearing on 2014 Law’s Reforms
Act 196 created alternatives to revoking probation and parole, but had little impact.
Jail (Pixabay License)
The Wisconsin Department of Corrections (DOC) will hold a public hearing this week on Act 196, legislation that received bipartisan support and was signed into law in April 2014 by then-Gov. Scott Walker. The law aimed to create sanctions for people who violate the conditions of their parole, probation and extended supervision as an alternative to revocation, which sends people back to prison sometimes for small infractions that violate the terms of their release. The hearing on implementing a new rule, 11 years after the law was signed, will finally take place on Tuesday, July 8 at 10 a.m.
The public can join the virtual hearing by going to a DOC link and selecting the “hearing information” section. The text of the rule is also available online at the same hearing link.
Act 196 states the intent to “Develop a system of short-term sanctions for violations of conditions of parole, probation, extended supervision, and deferred prosecution agreement (an agreement not to prosecute pending the accused meeting requirements such as drug treatment).”
A sentence for a criminal violation, besides fines and fees, typically includes a period of incarceration and supervision outside incarceration via parole, probation, or extended supervision.
If a condition of supervision, such as the requirement to remain sober or stay away from minors, is not meant, the probation officer has the option of requesting a revocation hearing before an administrative judge that could result in the person serving a portion or the remainder of the “supervised” sentence behind bars.
Act 196 states “short-term sanctions” should include “examples of high, medium and low level sanctions and what factors to consider when determining which level of sanction to apply.”
The law is not just punitive. Act 196 also says the DOC is to determine “how to reward offenders for compliance with conditions of parole, of probation, of extended supervision or of the agreement (such as deferred prosecution).”
The 2014 law also states the DOC should “minimize the impact on the offender’s employment” and also minimize “the impact on an offender’s family.”
The 2014 law would appear to meet the stated goals of the DOC and Gov. Tony Evers to lower the revocation rate for Wisconsin that has resulted in thousands returning each year to prison.
WISDOM, a statewide network working on reform of the prison and criminal legal systems and other social justice issues, is pleased the DOC is finally taking steps to implement the 2014 law into a rule.
“Adding more short-term community-based alternatives to revocation has the potential to significantly reduce the number of people sent to prison each year,” said Mark Rice, Transformational Justice Campaign Coordinator for WISDOM, a statewide network working to overhaul the criminal legal system and other unjust systems.
“Sending people back to prison for convictionless rule violations is fueling the overcrowding of Wisconsin’s prisons,” said Rice.
Tom Gilbert, a father whose son has been incarcerated and had supervision revoked and returned to prison, has led WISDOM’s efforts to get the DOC to implement Act 196.
“It is way past time for Wisconsin to transform its supervision program of people who have been released from their original sentence,” said Gilbert. “Revoking people back to prison for rule violations is counter-productive. Other states have moved to better methods of supervision and are closing prisons.”
But WISDOM officials also have concerns that DOC will use current practices of sanctions, such as 90-day jail confinements, that WISDOM say don’t meet the intent of ACT 196 to “minimize” the impact on employment and the family.
Wisdom officials are also concerned the DOC has not fleshed out how to implement ACT 196 by describing the actual “system of short-term sanctions.” The proposed rule to be considered at the July 8 hearing merely replicates language stated in Act 196 without specifying the actual short-term sanctions or the rewards for meeting the conditions of supervision.
“If the Department of Corrections truly implements both the letter and spirit of Act 196, we see the potential transformation of its community corrections programs to one that focuses on healing individuals and communities affected by crime,” said Gilbert.
Joining the public hearing
Members of the public who are not able to join the hearing online can use a call-in number for the meeting: (608) 571-2209, with conference code 930 614 929.
Persons making oral presentations at the meeting are also required to submit their comments in writing.
Written comments are also taken until August 8. Written comments can be mailed to DOC Administrative Rule Committee, Caitlin Washburn, Administrative Rules Coordinator, PO Box 7925, Madison, WI 53707-7925.
Written comments can also be sent via email to: DOCAdministrativeRulesCommittee@wisconsin.gov or can be submitted on the DOC’s website: https://doc.legis.wisconsin.gov/code
Department of Corrections holds hearing on 2014 law offering alternatives to revocation was originally published by the Wisconsin Examiner.
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they need to implement the law