Vetoes revise Justice Reinvestment proposals

Gov. Jim Doyle used his veto pen to strike from the 2009-11 state budget several provisions recommended for approval by the Legislative Council's Special Committee on Justice Reinvestment Oversight.

The committee was responsible for collecting reports from the Council of State Government's Justice Center, which gathered extensive data on Wisconsin's corrections and criminal justice systems as part of the Justice Reinvestment Initiative.

The committee met seven times during the first half of 2009 and introduced four pieces of legislation. Each item was modified to some extent during the budget process but remained largely intact until the vetoes.

Here's a list of the initial proposals, along with proposal numbers and brief summaries, provided by the Wisconsin Legislative Council. A brief description of the governor's veto action follows each item.

Extended supervision, WLC: 0425/3 - provides that a court may not order a term of extended supervision that exceeds 75 percent of the term of confinement in prison. This limitation does not apply to a person who has been convicted of a Class A, B, or C felony or a sex offense.

Doyle said in his veto message that he vetoed "this provision due to the possible unintended consequences of creating a cap on extended supervision sentences…" The governor maintained language "for shortening extended supervision sentences, through the ability of the Department of Corrections to discharge a person from supervision after two years. This release creates an incentive for an offender to comply with the rules of their supervision and earn discharge through rehabilitation, which better protects public safety."

Reconfinement, WLC: 0426/3 - provides that, when a person's extended supervision or parole is revoked, the person must be confined in prison for six months. The Department of Corrections (DOC) may extend that confinement time by not more than 90 days for rule violations or failure to participate in programming or treatment.

Doyle said in his veto message that he partially vetoed this provision because he objects to the "one-size-fits-all" approach. "Placing an arbitrary maximum term of re-confinement on offenders who are revoked from their extended supervision and then allowing the department to deviate from the maximum when they determine a person poses a substantial risk is problematic from a due process point of view and could result in multiple petitions filed against the reviewing authority," Doyle wrote.

Doyle maintained language that requires the "reviewing authority and not the sentencing court" to determine the period of re-confinement.

Recidivism, WLC: 0427/3 - makes appropriations for community-based mental health services, a transitional employment program, and community services to reduce recidivism for persons on supervision. In addition, the draft sets a goal of reducing recidivism by 25 percent by 2011. The draft requires DOC to create community services to reduce recidivism, to track the effectiveness of these services, and to report annually to the governor, the Legislature, and the director of state courts on the services provided and the progress towards reducing recidivism.

Doyle said in his veto message that he partially vetoed this proposal to remove language that set a numerical goal of reducing recidivism in the time frame recommended because "this is an arbitrary figure that will be hard to measure in the short time prescribed in the language using accepted best practices for measuring recidivism rates." The effect of the partial veto, according to the governor, is to require the DOC to reduce the recidivism rate by fiscal year 2010-11.

Risk Reduction, WLC: 0428/3 - permits a court to order a risk reduction sentence for a person who agrees to participate in an assessment of the person's criminogenic needs and risk of re-offending and any programming or treatment required by DOC to address the person's risk and needs. If the person successfully completes the risk reduction sentence, DOC must release the person after he or she has served 75 percent of the term of confinement in prison ordered under the sentence.

Doyle said in his veto message that he partially vetoed provisions to eliminate the specification of details related to modifying program plans "because it unnecessarily limits the department's ability to modify an inmate's plan." Doyle said his veto "preserves the intent of the provision to direct the department (corrections) to develop a program plan for the inmate that is designed to reduce the risk of reoffending and allows for flexibility to modify the plan as needed."

Wisconsin is one of eight states selected to participate in the Justice Reinvestment Initiative, which aims to reduce spending on corrections and to increase public safety through effective, data-driven strategies.

Members of the oversight committee included legislators, judges, prosecutors, the director of state courts, the state public defender, corrections officials, representatives from law enforcement agencies and a treatment provider.

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