On Point blog, page 2 of 2
Earned Release Program – Statutory Ineligibility Due to Type of Crime – Equal Protection (and Substantive Due Process)
State v. Gerald L. Lynch, Jr., 2006 WI App 231, PFR filed 11/6/06
For Lynch: David R. Karpe
Issue: Whether statutory ineligibility for Earned Release, § 973.01(3g), for homicide by intoxicated use violates equal protection given eligibility for driving while intoxicated but not causing death or great bodily harm.
Holding:
¶18 Applying this standard, we conclude there is a rational basis for not allowing persons convicted of crimes under Wis.
Earned Release Program (“ERP”) — Exercise of Discretion to Determine Eligibility
State v. James L. Montroy, 2005 WI App 230
For Montroy: Jay E. Heit; Stephanie L. Finn
Issue/Holding: The sentencing court properly exercised discretion in denying eligibility for Earned Release, § 302.05(3), despite misperceiving at one point that defendant was statutorily ineligible:
¶17 … [A]t the December 6, 2004, [postconviction] hearing … [t]he court stated:
Well, of course, the Court is very familiar with Mr.
Earned Release Program (“ERP”), § 973.01(3) — Trial Court’s Authority to Determine When as Well as Whether Defendant Is Eligible — Identity of “CIP” Purpose
State v. Miyosha White, 2004 WI App 237, PFR filed 12/1/04
For White: Leonard Kachinsky
Issue/Holding: A sentencing court exercising discretion on eligibility for the earned release program, § 973.01(3g), has authority to determine not only whether but also when the defendant is eligible for the program. The language and purpose of the earned release statute is “almost identical” to the “boot camp” statute, § 973.01(3m),
Challenge Incarceration Program (“Boot Camp”) – §§ 973.01(3m), 302.045 – Authority to Impose Waiting Period for Entry
State v. David A. Lehman, 2004 WI App 59, PFR filed 3/4/04
For Lehman: Leonard D. Kachinsky
Issue/Holding: Sentencing court may impose 4-year waiting period for entry into Challenge Incarceration Program (“boot camp”), §§ 302.045, 973.01(3m):
¶17. The intent of the legislature is therefore advanced by an interpretation of Wis. Stat. § 973.01(3m) that allows a sentencing court to determine not only whether a defendant is eligible for the CIP,
Challenge Incarceration Program (“Boot Camp”) – §§ 973.01(3m), 302.045
State v. Ashley B. Steele, 2001 WI App 160, PFR filed 6/25/01
For Steele: Christopher William Rose
Issue: Whether sentencing eligibility for “boot camp” is determined by bright-line statutory guidelines, or by exercise of trial court discretion.
Holding:
¶12. While an offender must meet the eligibility requirements of Wis. Stat. § 302.045(2) to participate in the challenge incarceration program, pursuant to Wis.