“How much REAL time will I do.” In Wisconsin the short answer is, ALL of it!
You have heard it before, an inmate being “up for parole.” Perhaps what you do not know is that this traditional way of sentencing offender went away. In Wisconsin, any crime occurring after Dec. 31, 1999 are subject to Truth in Sentencing (TIS) laws. This refers to 1997 Wis. Act 283, which brought Truth-in-Sentencing (TIS) to Wisconsin. TIS has been modified over time, but the roots of the law remain the same.
Before TIS
Before the enactment of Act 283 a judge sentenced an offender to an indeterminate prison sentence. That offender rarely ever served the prison term length given. When an offender served six months or one-quarter of the court-imposed sentence (whichever was greater) they would become eligible for parole and the Parole Commission would then determine of they could be released back into the community. Without any extenuating circumstances, most often an offender would be released after serving two-thirds of the court-imposed sentence. If parole was granted, the Department of Corrections would then supervise the offender for a period not to exceed the court-imposed sentence, minus time already served. This indeterminate sentencing structure remains in effect for all offenses that occurred on or before Dec. 30, 1999.
After TIS
When passed, Act 283 abolished parole and Wisconsin became known as a “Truth in Sentencing” state. This means that someone sentenced to the Wisconsin State Prison System must serve a bifurcated (two-part) sentence. This means that the sentence will contain BOTH a period of initial confinement and a period of extended supervision. The “truth” in the sentence comes from the fact that the offender knows exactly how much time he will serve up front and how much time is available for re-incarceration if his or her extended supervision is revoked.
Act 283 established a known system of sentencing. For example, a sentence of one-year initial confinement and one-year extended supervision means the offender will be incarcerated for exactly 365 days before being released to a term of extended supervision of exactly 365 days. Once a judge orders your initial confinement time – that is how long you will spend in prison. You will not be released any earlier, with limited exceptions.
Some Limited Exceptions
Currently There are two early release programs available in Wisconsin that can reduce the period of initial confinement for certain individuals:
1. The Substance Abuse Program (“earned release”) and
2. The Challenge Incarceration Program (“boot camp)
Challenge Incarceration Program
The Challenge Incarceration Program has a few statutory requirements for eligibility.
-The inmate must be under the age of 40.
-The inmate must have an identified substance abuse
treatment need.
-The inmate must not have any physical limitations.
-The inmate must not be convicted of any crimes in
Chapter 940 or crimes involving physical or sexual assault to a child.
-The inmate must be deemed eligible by the sentencing judge.
It is important to note the last requirement. This MUST be covered by the attorney at the sentencing hearing. If the sentencing judge does not make an affirmative ruling finding the defendant eligible, then the Department of Corrections will not allow him or her into the program.
This early release program is designed to be completed in 6 months, and upon completion, the remaining time of the inmate’s period of initial confinement will be converted to extended supervision and the inmate will be released from prison.
Substance Abuse Program
Much like the Challenge Incarceration Program, the Substance Abuse Program also has a few statutory requirements for eligibility.
-The inmate must not be convicted of any crimes in
Chapter 940 or crimes involving physical or sexual
assault to a child.
-The inmate must have an identified substance abuse
treatment need.
-The inmate must be deemed eligible by the sentencing
judge.
The biggest difference from the Challenge Incarceration Program is that there is no age limit to participate. If there is an identified substance abuse treatment need and the sentencing judge finds the defendant eligible, the inmate may be allowed to participate in the early release program. This program is designed to be completed in 6 months, and upon completion, the remaining incarceration time will be converted to extended supervision and the inmate will be released.
Given how stringent and draconian sentencings can be in Wisconsin, it is extremely important for your attorney to request these early release programs at your sentencing hearing and be able to explain to the court why you would benefit from participation. Hiring an experienced criminal defense attorney is the best thing you can do. At Jones Law Firm we have decades of experience. Contact us today to set up a free consultation. Please contact us by text or phone at (414) 774-6000 or email at laura@jlfwisconsin.com anytime.
*Any articles in the Libra or posted by Jones Law Firm LLC are not legal advice for a particular client or situation. Further no attorney-client relationship is intended or created with this post.*
