JUDGES SKEPTICAL OF EARNED RELEASE PROGRAM FOR PRISON INMATES

A new program that will enable inmates to get out of prison early is
raising concerns - particularly among judges - even before the cell
doors are thrown open.

[Quotable

We have no information, nothing. We've been determining eligibility
for a program that doesn't yet exist, and we have no idea what it will
look like when it does.

- - Milwaukee County Circuit Judge Jean DiMotto]

The earned release program amounted to a footnote in the budget bill
signed by Gov. Jim Doyle in July. Some judges and prosecutors were not
even immediately aware that there was a new law that can trim
sentences for prisoners who receive intensive substance-abuse treatment.

But once it gets going, the program could allow the early release of
hundreds of male inmates annually.

Even as the details are worked out, the program is raising questions:
Does it undermine the primary premise behind the truth-in-sentencing
law? Will it flood the courts with admission requests from inmates?
Does it discriminate against women?

"There's a lot of work yet to be done," said Tony Streveler, policy
initiatives adviser in the state Department of Corrections. "Our goal
is to be able to go to the judiciary in October and tell them, 'Here
is the program. Here is what is going to be expected.' "

Milwaukee County Circuit Judge Jean DiMotto said that even though the
department has yet to formally launch the program, judges have had to
weigh defendants' eligibility since the law took effect in July. "We
have no information, nothing," she said. "We've been determining
eligibility for a program that doesn't yet exist, and we have no idea
what it will look like when it does."

The law creating the program is the second enacted in less than a year
that gives inmates a chance at cutting their prison term. A new law
that took effect Feb. 1 gives all but the most violent criminals the
ability to petition for early release after they have served,
depending on their crime, 75% or 85% of their prison terms.

Though the Corrections Department is still gathering ideas for the
earned release program, the basic framework has already been worked
out.

Inmates convicted of non-violent crimes can enter the program in two
ways: Some will be deemed eligible on sentencing day by judges;
others, who went to prison before the program became law, will become
eligible after successfully petitioning a judge.

Waiting list expected Eligibility, though, means only that corrections
officials can place an inmate in the program. That doesn't guarantee
participation.

A minimum-security facility near the Oshkosh Correctional Institution
is limited to treating 200 to 250 inmates at time, so officials say a
waiting list is likely.

"How many people are going to be eligible and how long the waiting
list will be are the two main questions we have," said Samuel
Benedict, deputy state public defender in Waukesha.

The answers to those questions depend largely on how often judges deem
defendants eligible, Streveler said.

Milwaukee County Circuit Judge John Franke said that while the idea
for more substance abuse treatment was good, the law creating the
program was vague. "It's a hard law to follow," he said. "As near as I
can tell, there is a real lack of guidance as to which defendants
ought to benefit from the program."

Streveler said the program will be targeted at defendants "who have
significant treatment needs for substance abuse that is related to
their criminal behavior." The program will require at least 35 hours
of treatment a week for a minimum of six months. The treatment for
some will be considerably longer, he said.

Discrimination feared Since the law specified that the program occur
at the Oshkosh site, a male institution, it will not be open to women.

"It's inconceivable to me that with our notion of justice that we
would have a drug treatment option for men to reduce their sentence
that is not available to women," said Milwaukee County Circuit Judge
Elsa Lamelas.

Waukesha County Circuit Judge Kathryn Foster agreed: "There has been a
big disparity in treatment options for men and women, and this is
another example."

Streveler said corrections officials recognize "the need for parity,"
but added that the governor or Legislature would have to initiate
legislation to create a similar program for women.

Another concern being raised is how much time will be cut from prison
sentences. Once a defendant completes the program, the remaining
portion of his sentence will be converted to extended supervision in
the community.

"As a judge, you're being asked to potentially cut a significant
portion of a sentence without knowing how much time that will be,"
Franke said.

Lamelas said in addition to determining eligibility, judges should be
permitted to set the minimum prison time a defendant will serve before
entering the program.

Waukesha County District Attorney Paul Bucher said: "If this is simply
another revolving door that is going to be used to reduce the prison
population, then I am not going to be its biggest fan."

Streveler said corrections officials have not determined when inmates
should be allowed into the program and how much time could be cut from
their sentences.

Meanwhile, inmates are petitioning for eligibility.

"The requests are coming in," Lamelas said. "They have to be responded
to and resolved in a system that is already stressed by a high volume
of post-conviction requests."

Bucher predicted a deluge.