On Point blog, page 1 of 1
ACLU files suit challenging Wisconsin’s refusal to release parole-eligible people who received life sentences as juveniles
Today the ACLU filed a 59-page class action complaint against Wisconsin parole commissioners in federal. It’s a “must read” for attorneys who defend juveniles. Among other things, it cites to a great deal of legal and scientific research on juvenile versus adult offenders. It also alleges that COMPAS assessments appear to treat youth as an “aggravating factor” and only a “miniscule number” of parole-eligible juvenile lifers have been paroled during the past 15 years. Most die in prison.
Due Process – Parole – “Presumptive” MR Liberty Interest
State ex rel. Michael J. Gendrich v. Litscher, 2001 WI App 163
Issue: Whether the “presumptive mandatory release date” under § 302.11(1g) creates a liberty interest in parole protected by due process.
Holding: Prisoners sentenced for a “serious felony” between April 21, 1994, and December 31, 1999, are given a “presumptive” MR date. Discretionary parole does not create a due process-protected liberty interest, while mandatory release does.