Legislature's budget gives judges power to decide early prison release

Mark Pitsch

Jun. 19, 2009 (McClatchy-Tribune Regional News delivered by Newstex) -- The Legislature is opting to give judges -- not state officials -- the power to decide whether new felons are eligible for early release from prison for good behavior.

The early release plan, included in the Assembly and Senate versions of the 2009-11 budget with minor differences, would give both felons and their crime victims notice at sentencing whether the good behavior option is available. It would allow eligible felons to be released after serving 75 percent of their sentences.

That contrasts with a proposal by Gov. Jim Doyle that would let the state Department of Corrections release certain felons after they have served 67 percent of their sentences.

"It's an easier vote because you're going from 67 percent to 75 percent," said Eric Peterson, chief of staff to Sen. Lena Taylor, D-Milwaukee, who chairs the Senate corrections committee.

The early release proposal in the budget bills would apply to eligible new felons on the date the budget takes effect. Both versions of the budget allow Doyle's plan for even earlier release for some felons who are currently in prison.

That's because lawmakers wanted a judge to decide whether felons are eligible for early release, a process that made sense for new felons but was impractical for current prisoners, said Carrie Lynch, a spokeswoman for Senate Majority Leader Russ Decker, D-Weston.

Lee Sensenbrenner, a Doyle spokesman, wouldn't comment on the Legislature's proposed changes. Doyle will need to sign the budget before the changes take effect, and he has broad power to veto items.

Both the Senate and the Assembly bills explicitly bar some felons from being eligible for early release, including those convicted of human trafficking, severely abusing a child and possessing a gun in a school zone.

Doyle's plan and the Legislature's also prohibit the most violent offenders, including murderers and rapists, from being eligible for early release.

The changes are "clearly more politically palatable" to critics of early release, said Sen. Glenn Grothmann, R-West Bend, top Republican on the Senate corrections committee.

"I don't think anybody involved in the system does not believe we could save some money by letting some people out of the prison system," he said. "And I am therefore not particularly adamantly opposed to the proposal."

Rep. Scott Suder, R-Abbotsford, said he is glad the Legislature moved to exclude some felons from eligibility for early release. But he said it still is "rewarding bad behavior" for those who remain eligible.

Differences remain

The Assembly and Senate have dozens of disagreements to resolve before sending the roughly $62 billion spending plan for the two years starting July 1 to Doyle for his review.

Among key differences:

--Oil tax: The Assembly includes a tax on oil company profits that would raise $260 million for roads, while the Senate does not.

--Capital gains: The Senate would raise $486 million by taxing all capital gains. Currently, the state taxes 40 percent of capital gains, while Doyle and the Assembly want to tax 60 percent of capital gains.

--Illegal immigrants: The Assembly would create a driver's card for illegal immigrants and let them pay resident tuition at public colleges, but the Senate would not.

--Low-income housing: The Senate would make it harder for wealthy elderly people to qualify for housing tax exemptions.

--Minimum wage: The Senate, but not the Assembly, raises the minimum wage to $6.50 per hour on Sept. 1 and indexes it to inflation.

--Mandatory auto insurance: The Senate, but not the Assembly, would require most drivers to insure their vehicles.

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