Criminal Law - Guide to Criminal & Penal Law

An Introduction to Parole

Parole is the release of an inmate before he or she has served his or her full term. This is only granted to inmates who have displayed excellent behavior and who are determined unlikely to reoffend. The idea behind granting parole is to encourage good behavior within prisons while allowing a prisoner who appears to have been rehabilitated to gradually return to society.

In Wisconsin, a person who has been convicted of a misdemeanor or sentenced to less than one year in prison may be eligible for parole after six months or one quarter of his or her sentence, whichever length of time is greater. A person who has been convicted of a felony or received a sentence of greater than one year cannot be granted parole under Wisconsin's Truth in Sentencing Act of 1999.

If a person is eligible, he or she will have a meeting with a member of the Parole Commission (PC). This will take place at the prison where he or she is staying, probably in a small office. The meeting will consist of an interview during with the commission member will try to gather enough information to determine whether the prisoner has been rehabilitated.

Specifically, the interviewer will determine if the inmate meets all eligibility requirements. Under Wisconsin law, these requirements are:

• · Reaching the parole eligibility date (PED) determined during sentencing or the last meeting with a member of the PC
• · Showing positive behavior and documented progress in education and/or treatment
• · Serving sufficient time for his or her crime
• · Showing acceptably low signs of risk to the public
• · A feasible plan for obtaining employment, a residence, and treatment if needed

The first interview usually takes place one month before the PED determined at sentencing. If the prisoner is found to be eligible, he or she will be granted parole on that day. If parole is not granted, the interviewer will issue a defer, which is the amount of time that must pass before the inmate can request parole again.

If an inmate is granted parole, he or she will be released into the community under the supervision of a parole officer (PO). There are generally stipulations that he or she must follow, such as staying out of trouble and meeting with the PO on a regular basis. If he or she fails to meet the regulations spelled out, he or she may return to prison to serve the remainder of the original sentence, as well as charges for other crimes if he or she committed any.

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