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| Wisconsin Judges Take On 'Parole Board' Role |
| By Milwaukee Journal-Sentinel |
| Published: 03/05/2003 |
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A new law that gives judges the power to grant early release to prisoners is fraught with problems and guts truth-in-sentencing reforms, some victims and judges say. Starting February 1, the state's 241 circuit court judges will become mini-parole boards - a job some said they never sought, don't want and are ill-prepared to do. When the state instituted truth in sentencing three years ago, it did so with the promise that criminals would serve 100% of their court-ordered prison time once the cell door slams. But subsequent changes have left the cell door ajar, with all but the most violent inmates being allowed to petition for early release after serving 75% or 85% of their sentences. 'The fear is that we're going to be buried with these petitions,' said Milwaukee County Circuit Judge David Hansher. 'You assume everybody will file a petition to get out. What do they have to lose? But we don't know.' The mere prospect of early release is inconsistent with truth-in-sentencing reforms, victims and prosecutors say. 'This is a step backward,' Waukesha County District Attorney Paul Bucher said. 'We're going back on the promise to get rid of parole and have 'truth in sentencing.' After Feb. 1, we are going to have 'sort of truth in sentencing.' ' Others said the new law erodes the central point of truth in sentencing: to make certain of the amount of time criminals spend behind bars. Carol Grady, a victim of serial rapist and murderer David Spanbauer, said that victims don't want to worry about when offenders will be released. 'They need to know that once they hear that sentence . . . they can have faith in it,' said Grady, of Greenville. She helped push for the truth-in-sentencing law, which was adopted in 1997 and took effect Dec. 31, 1999. Karen Naumann of New Berlin, whose son Robert was killed by a drunken driver, said she was disheartened to learn that the seven-year prison term the driver received last month was not necessarily absolute. Under the change, the driver, Gregg Pfaff, can ask to be released after serving five years and 10 months. 'I don't like that at all,' said Naumann, who last week marked the one-year anniversary of her son's death. 'You don't want to go back to court. You think that you're going to be able to move on and heal (but) it's this negative thing that comes back to hit you.' Judges say, meanwhile, that the new law provides little criteria on whom they should release and for what reasons. 'Basically, they made us parole officers, which I think is not what we were elected to be,' Hansher said. 'There's going to be political pressure on the judges not to let anybody out . . . and no judge wants to be perceived as being soft on crime.' Waukesha County Circuit Judge James Kieffer said that the law is vague and will be open to interpretation by each judge. The law defines the early release as a 'sentence adjustment,' Kieffer said, but 'this is in essence a parole mechanism.' But the end of parole for those who commit felonies was touted as a key element of truth in sentencing. Victims and the public had grown cynical about a system in which the state Parole Commission routinely paroled inmates after they had served 30% to 60% of the prison time a judge had ordered. Inmates had to be released after serving 67% of their sentence, unless they had racked up conduct violations in prison. That all changed three years ago. Under the truth-in-sentencing law, anyone convicted of a crime was to serve 100% of the prison time a judge ordered, followed by a period of so-called extended supervision, during which they were monitored by a parole agent. The truth-in-sentencing law also called for a reclassification of the state's nearly 500 felonies and a sentencing commission to work on eliminating disparities in judges' sentences for the same crimes. But passage of those reforms were held up as the then-Democratic-controlled state Senate pressed efforts to give inmates some incentive to rehabilitate themselves. In a late-night compromise brokered by then-Senate Majority Leader Chuck Chvala (D-Madison) and Rep. John Gard (R-Peshtigo) as part of a budget repair bill in summer, lawmakers agreed to allow some inmates to petition for early release. (Months later, Chvala finds himself charged with 20 felonies, including extortion, misconduct in public office and an array of campaign finance counts.) Murderers and other violent criminals such as rapists were not included in the early release provisions and still must serve 100% of their time. But all other prison inmates can petition for early release. Gard said Friday he did not plan to revisit the truth-in-sentencing law during this session of the Legislature and knew of no other legislator with plans to do so. The Assembly speaker said he believed the law is a good one that had been crafted in consultation with judges. 'If some judges are uncomfortable making these decisions, they would never admit that during their re-election campaigns,' said Gard. 'They have to make tough choices every day; it's part of being a judge.' In anticipation of the change taking effect today, about 100 inmates already have mailed letters to Milwaukee County judges, asking to be released for good behavior and other reasons, said June Simeth, an attorney who helps the judges process inmate requests. As of mid-2002, more than 6,800 people were serving time in prison for crimes committed since Dec. 31, 1999. It is unknown how many of those have served 75% or 85% of their time, said Department of Corrections spokesman Bill Clausius. 'We could be inundated immediately,' Hansher said. One question looming over the new law is whether a provision that gives prosecutors and, in some cases, victims power to block inmates' releases is unconstitutional. Under the law, judges can deny early release without input from attorneys or victims. But if a judge is considering granting a request, the judge must notify the district attorney's office. If the prosecutor objects, the judge cannot grant release. In the case of four crimes (second- and third-degree sexual assaults, second-degree sexual assault of a child and soliciting a child for prostitution), the victim must be notified. If the victim objects, the judge cannot grant release. Defense attorney Michael Hart said the deck is stacked against any prisoner seeking early release. 'In most cases, the sentencing prosecutor is not going to agree that a judge's sentence was either too harsh or that the defendant has served sufficient time,' he said. 'And certainly in the case of the sex offender, you cannot imagine a scenario where a victim is going to say to the court, 'Let him out.' ' But Bucher, the Waukesha County district attorney, and Milwaukee County District Attorney E. Michael McCann said the law requires prosecutors to consider every case individually. 'It's absurd,' Bucher said, 'but we'll deal with it.' |
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