LEGISLATORS REMAIN DIVIDED ON CHANGES FOR CRIMINAL CODE

They Praise Thompson's Plans But Differ Over Modifying Prison
Terms

Madison - The governor's plan to hire more probation agents in
Milwaukee and give Milwaukee judges a sentencing alternative for most
first-time drug offenders moved lawmakers a step closer Thursday to
passing major changes in the state criminal code.

But the principal combatants in the political battle over the new
truth-in-sentencing law remained at odds on other issues, and an end
to the impasse on the criminal code changes did not appear imminent.

"This is real progress," said Sen. Gary George (D-Milwaukee), chairman
of the Senate Judiciary Committee.

But George said a third item was needed to make truth in sentencing
work. The judge who sends an offender to prison should have the power
to modify the sentence if the inmate, for example, develops multiple
sclerosis, he said.

No way, said Rep. Scott Walker (R-Wauwatosa), chairman of the Assembly
Committee on Corrections and the Courts. He said he could support the
governor's initiatives but would not allow judges to modify sentences,
as George demanded.

"Our line in the sand isn't over any of those things," Walker said.
"Our line in the sand with the Senate has always been on modifying the
sentence."

As of Dec. 31, the effective date of truth in sentencing, new felons
are no longer eligible for parole. The law eliminated early release
for new offenders. People who now commit crimes and go to prison must
serve their entire sentences behind bars.

When the Legislature passed truth in sentencing, it also called for an
overhaul of the criminal code to make the punishment fit the crime.
Last fall, a task force led by Eau Claire County Circuit Judge Thomas
Barland recommended a new classification system, plus guidelines for
judges.

The recommended changes passed the Republican-controlled Assembly in
September, but they stalled in the Senate. George kept the bill in his
committee and sought negotiations with the Assembly on strengthening
probation, providing sentencing alternatives and allowing judges to
modify sentences.

In his annual "state of the state" address Wednesday night, Gov. Tommy
G. Thompson addressed two of George's concerns.

Thompson proposed 100 more positions, including 70 probation and
parole agents to improve supervision of offenders in Milwaukee. He
also proposed an alternative to sentencing for low-risk, non-violent
drug offenders. Instead of going to prison, males aged 17 to 25 could
be sentenced to an intensive drug-treatment program, as long as it was
their first offense and it involved no weapons or threat of violence.

The Republican then called on lawmakers, namely Senate Democrats, to
finish the job on truth in sentencing by passing the criminal code
changes that have been languishing in their house since the fall.

"I think that what the governor did was a very positive step and sets
the stage for us to try to come to some agreement," George said.

George said he was waiting to hear whether Assembly Republicans
supported Thompson's initiatives. He said the law also should be
changed to let the sentencing judge modify prison terms in the case of
terminally ill or elderly inmates.

Giving judges that power could cut prison costs and save taxpayers
money, George said.

"What we're saying is the elected judge, who sentenced the person in
the first place, ought to have continuing jurisdiction in the case,"
George said. "Maybe it's to make things harder on inmates. We're not
trying to say the judge only has to reduce prison time."

Walker said he and other Assembly Republicans had indicated their
support as recently as last week for strengthening probation and
providing sentencing alternatives for drug offenders in Milwaukee.

But Walker said Assembly Republicans remained opposed to changing a
sentence, once imposed.

Assembly Speaker Scott Jensen (R-Town of Brookfield) said he didn't
view Thompson's proposals as a move to get George and Senate Democrats
to act on the criminal code bill.

Jensen said he recognized the need for more probation and parole
agents long ago. Although Barland's panel also recognized that need,
Jensen said the panel recommended approval of the criminal code
changes first.