Wisconsin Administrative Code Parole Commission
The Wisconsin Administrative Code, Chapter PAC 1, governs the Parole Commission’s procedures for reviewing parole or release-to-extended-supervision requests. Here's a structured overview:
📘 1. Scope & Purpose (PAC 1.01–1.04)
Authority: The Commission operates under the authority granted by Chapters 302 and 304 of the Wisconsin Statutes, conducting parole reviews and issuing release orders (docs.legis.wisconsin.gov).
Purpose: To establish clear procedures for parole consideration, ensuring orderly and lawful release decisions .
Definitions: The code provides key terminology—e.g., “chairperson,” “commission,” “deferral,” “denial,” “extended supervision,” “mandatory release,” and more (law.cornell.edu).
🗓 2. Eligibility (PAC 1.05)
Initial requirement: No parole consideration until the inmate has served at least 60 days post-sentencing (law.cornell.edu).
Parole eligibility (for pre–Dec 31 1999 felonies):
Generally, service of at least 25% of sentence required.
The Chairperson may waive this for extraordinary circumstances, after notifying the court, DA, and victim (law.cornell.edu).
Post-revocation parole eligibility:
If returned without a new sentence, parole review can occur after 6 months (minus credit).
If a new sentence is imposed, 6-month wait from custody start or based on eligibility of new sentence (law.cornell.edu).
Extended supervision eligibility: Determined under s. 304.06(1)(bg) for both initial and post-revocation situations (law.cornell.edu).
Waiver or withdrawal: Inmates can waive or decline parole consideration at any time; must reapply to regain eligibility (law.cornell.edu).
🏛 3. How the Commission Operates
Composition: The Parole Commission consists of four members—all with corrections or criminal justice experience. The Chairperson is gubernatorial appointee (2-year term), others are civil-service hires (codes.findlaw.com).
Function: The Commission conducts scheduled interviews for all eligible inmates (DOC, DHS, county facilities). The DOC provides file records, interview spaces, clerical support, and scheduling (law.justia.com).
Independent process: Interviews are conducted by commissioners or Chair-designated members. Decisions—grant, denial, deferral—are made independently. Victim/family input is allowed .
Health/age-based releases: Extraordinary health or age may trigger early release under PAC 1.08 (law.cornell.edu).
Presumptive mandatory release is covered under PAC 1.09 (law.cornell.edu).
📊 4. Statutory Framework
Wis. Stat. § 304.01: Outlines general duties—the Chair administers, Commission conducts interviews, DOC support requirements, and public reporting obligations (law.justia.com).
🧾 5. Practical Takeaways
Parole consideration is only available for felonies committed before 12/31/1999 due to Truth-in-Sentencing laws (doc.wi.gov).
Eligibility typically requires 60 days served, then at least 25% of sentence unless waived.
After revocation, parole eligibility resets to 6 months, with credits factored.
Extended supervision has its own separate criteria.
Officials can waive or withdraw parole review, but reapplication is possible.
Victims can submit input—must be provided at least one month before the review interview (law.cornell.edu, doc.wi.gov).
✅ Summary
PAC 1 ensures a transparent, structured parole-review process, defining eligibility rules, timelines, roles of commissioners, and involvement of victims. It closely aligns with Wisconsin statutes, specifically Chapter 304, to ensure lawful and accountable parole decisions.
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