The state Department of Corrections announced the early release of twenty-two inmates last week– the first Wisconsin prisoners let out under 2009’s sweeping sentencing modifications. In 15 of those cases, or nearly 70 percent of cases, the Wisconsin Policy Research Institute has found elected judges had previously denied the inmates’ early release.

But the sentencing changes approved by the state Legislature now mean judges don’t always get to decide anymore – the Department of Corrections can release some felons on its own. And the WPRI review shows that, in most of the cases of the first inmates released under the changes, elected judges would have kept them behind bars.

In several cases, prosecutors also had objected to the inmates’ release.  In the remaining cases, judges were never petitioned by the inmates for release, and in one case the judge simply said the sentencing court no longer had authority to decide.
The first inmate released was convicted of homicide in Milwaukee County and released for health reasons. Others released include a fifth offense drunk driver, a repeat burglar, a cocaine dealer, and thieves.

In 13 of the 15 cases where judges had previously denied the inmates’ petitions for early release, they did so by specifically stating the early release was “not in the public interest,” court records say. In the other two cases, the records just say the judges denied the release or denied it because of prosecutorial objection.

In one case, the felon's request for early release was denied three previous times by judges. In other cases, the felons were released just a few weeks after judges denied their petitions for sentence adjustment. For example, Corrections freed Brian Boje, a fifth offense drunk driver from Outagamie County, 25 days after a judge ruled his early release was not in the public interest.

Boje was in prison because his supervision had already been revoked for the repeat OWI offense; he has previously been convicted of causing injury by drunken driving.
Corrections released the first wave of inmates on January 5 as part of a series of sentencing modifications passed by the Wisconsin Legislature in 2009 and first proposed by Governor Jim Doyle. Corrections’ spokesman has told the media that the department has identified another eight hundred inmates who qualify for early release.

The modifications provide inmates with multiple new ways to gain early release from prison, rendering “determinate” sentencing under the state’s “truth-in-sentencing” reforms “indeterminate.” It’s time for victims to get back out the calculator. And, in many cases, the changes allow the Department of Corrections and gubernatorial appointed Earned Release Commission, which replaced the Parole Commission, to make decisions that used to be made by the elected judges.

WPRI obtained the names of the released inmates from Corrections via an open records request and matched them with court records. The WPRI review also found that:    

• The inmates are no strangers to the criminal justice system. Together, the twenty-two inmates have been convicted of a total of more than 150 crimes over the years – at least 74 felonies and 79 misdemeanors. Take Derrick Parnell, 39, of Milwaukee. He is a twelve-time convicted felon. Sentenced most recently for burglary, his sentence was modified in 2005 after he completed a special Corrections program, but his supervision was revoked, and he was re-confined. In 2009, he asked to get out again, but a judge ruled that his early release was not in the public interest. Corrections agreed that he should not be released but reversed itself in November 2009, according to court records.


• Only four of the inmates have violent crimes on their records (three for prior misdemeanor batteries and the one inmate convicted of homicide). However, the inmates, almost all felons, were in prison for a reason. The system had already given many of the felons multiple chances to show they would not re-offend if placed in the community. In more than half of the cases - 12 of them – the inmates were in prison because they messed up on the streets and their supervision was revoked. Simply put, judges had had enough. Take the case of Zachary Schenk of Columbia County. He’s only 25, but he’s already been convicted of ten crimes, the most recent for felony drug dealing. Or take Kurtis Cline of Lincoln County. He’s only 26, but he’s already been convicted of seventeen crimes, including three felonies.


• Only two of the inmates have only been convicted of one crime in their lifetimes. Of those, one is the Milwaukee woman released for health reasons (which Corrections won’t identify) from a prison sentence for homicide. All of the other prisoners are repeat offenders.


• Some of the felons have been alleged to be habitual criminals.


• Eight of the inmates are from Milwaukee County.

Here’s how “bifurcated sentencing modification” works, according to the Legislative Fiscal Bureau :¹

Before 1999’s truth in sentencing reforms, which eliminated parole, Wisconsin inmates served on average under half of their prison time.² In 1982 alone, United Press International reported, Wisconsin released 1,214 inmates early from prison.³ Prison crowding debates in Wisconsin date to the 1970s, and solutions have generally alternated between a focus on building more prisons versus releasing or diverting more inmates into the community on supervision programs.

It is a misnomer that inmates never got out early in recent years post the truth-in-sentencing reforms, however, which occurred after a spate of high-profile crimes and the early 1990s crime spikes. The state’s 1999 reforms that were supposed to make it clear and “determinate” how long an inmate would serve in prison were already watered down a few years later, allowing inmates to get out early if they served seventy-five percent of their prison time for Class F to I felonies and eighty-five percent of their prison time for more serious Class C to E felonies. Bifurcated sentence refers to the “truth-in-sentencing” concept by which inmates receive a “determinate” amount of time behind bars and a separate term of extended supervision.

Felons could already petition the sentencing judge for release from their confinement time for reasons including rehabilitation, illegal immigration status, whether they were sent back to prison on a revocation of supervision, and other reasons. However, this older provision now only applies to inmates convicted before Oct. 1, 2009.

Under the new changes, inmates convicted after that date (and inmates convicted before it – it’s their choice whether to petition under the new or old rules) can petition for release under the 2009 new rules if they are serving time for class F to I felonies (“non-violent”), if it’s believed they won’t engage in assaultive actions, and if they aren’t more than one year away from release from prison.  They don’t need to demonstrate treatment, rehabilitation, or educational progress.

But this is key: Now the Department of Corrections decides whether to release the inmates, not the sentencing court.

Furthermore, some inmates can now get out without serving even seventy-five percent of their time, as long as they’re at least one year away from their release. However, there was a restriction of the release provisions: The most serious, recent felons can’t seek release under this modification anymore.

However, many of those more serious felons can now seek early release in other ways. Other methods of release approved in the 2009 modifications now include time off for good behavior and early release based on age and health. The convicted killer released this month was released under an expansion of the law relating to health, which used to require that inmates demonstrate terminal illness. Now, they just have to show “extraordinary health circumstances” which could include advanced age, infirmity, disability or need for medical or other treatment not provided in prison.

It was not immediately clear which proviso the other inmates were released under, although one was 85-years-old.

The various forms of release, and who qualifies for them - including violent felons and notorious criminals, contrary to many in the media’s depiction of “early release” as applying only to “non-violent offenders” - will be the subject of the next WPRI article on this topic.

First inmates released

Here are the specifics on the first inmates released, per WPRI research through court records and Corrections:

1. ACKLEY, Kathy, 48, was in prison on a felony retail theft greater than $2,500 case out of Jefferson County. She is a three-time felon, being previously convicted of two forgery counts in the 1980s out of Dane County. In November 2009, a judge said the court had no jurisdiction to rule on the defendant’s motion for sentence adjustment, a decision Ackley was appealing.

2. AVALOS, Jose, 29, is in the Kenosha County Jail, being held on a detainer after his early release from his prison sentence, although a judge has now reviewed and approved Avalos' release from his prison term. Corrections has not yet responded when asked the nature of the detainer. Judges denied Avalos’ motion for a sentence adjustment three times since he was convicted by a jury of felony cocaine dealing in Milwaukee in 2003. He received an 8-year sentence. Judges denied the inmate’s request for sentence adjustment in 2005, 2008, and 2009, with the latter judge ruling it was against the public interest, court records say.

3. BOJE, Brian, 57, was in prison after his supervision was revoked for a felony repeat drunk driving case (fifth plus) out of Outagamie County, stemming from 2002. His supervision was revoked in 2008. A judge denied his petition for sentence adjustment, saying it was not in the public interest, and the DA objected to his early release in December 2009. He was also convicted of a felony in the 1980s and of three misdemeanors, including causing injury by drunk driving.

4. BROWN, Gary, 38, is a three-time felon who is a repeat burglar. In 2009, a judge twice denied his petition for sentence modification on a felony burglary case out of Kenosha because the prosecutor objected to the early release. A judge also denied an early release for him in 2000 for felony operating a vehicle without owner’s consent, a case for which his supervision was revoked. He was also convicted of three misdemeanors, including battery.

5. BURTON, Rubben, 49, is a five-time convicted felon from Milwaukee whose early release a judge denied in July 2009, saying it was not in the public interest. He was in prison serving nine years confinement time from a 2007 case for misappropriating personal identification. He has also been convicted of seven misdemeanor crimes including theft.

6. CALDERSON-CALVO, Monica, 28. Since 2007, she was convicted of seven felonies out of Sheboygan for the same offense – misappropriating IDs, in different cases. Her supervision was revoked in one of the cases, and she was sent to prison for the later ones. In 2009, a prosecutor objected to her request for sentence adjustment, and in December 2009, a judge denied her request.

7. CLINE, Kurtis, 26, has been convicted of fourteen misdemeanors and three felonies since 2001. He was sent to prison on a felony drug possession case out of Lincoln County in January 2009, receiving 18 months confinement time.

8. HEWITT, Michael, 24, was convicted of felony keeping a drug house out of Marinette County in 2007. His supervision in the case was revoked in 2008. In September 2009, a judge sent him to prison for 1 ½ years and in November 2009, the judge denied his petition for sentence adjustment, saying it was not in the public interest. He was also convicted of two misdemeanors in 2009 for criminal damage to property and theft. A judge in that case denied his petition to be release for school and childcare in 2009.

9. LAVRENZ, Scott, 50, was convicted of four felonies for failure to support a child out of Fond du Lac County. His supervision was revoked in the case in 2007, and in June 2009, a judge denied his petition for a sentence adjustment.

10. LESPERANCE, Russel, 85, was sentenced after a jury trial to three years prison in May 2007 for felony theft in a business setting greater than $10,000. The Milwaukee judge ruled he was not eligible for the earned release program. He was convicted of three misdemeanors in 1996. He filed a slew of pro se motions asking for his conviction to be vacated which were denied by the judge.

11. MORRIS, Robert, 51, has been convicted of at least 7 felonies since 1977 and twelve misdemeanor crimes, ranging from burglary to drug offenses to worthless checks. Sentenced out of Milwaukee on a felony burglary case, his supervision was revoked in 2008, and he was sent to prison. In 2006, in the same case, a judge denied his petition for sentence adjustment ruling it not in the public interest.

12. OFFICE, Michael, 39, is a seven-time convicted felon out of Milwaukee. Most of his cases were for cocaine dealing. He also has an old misdemeanor conviction. He was sent to prison in 2008 on a felony burglary case. In August 2009, a judge denied his petition for sentence adjustment, ruling it was not in the public interest.

13. PARNELL, Derrick, 39. Parnell is a twelve-time convicted felon since 1992. His most recent charges resulted in revocation of his extended supervision – two felony counts of burglary in Milwaukee in 2003. He was also convicted of misdemeanor possession of drug paraphernalia in 1996. On the burglary counts, Parnell completed the Challenge Incarceration Program in 2005 and a judge modified his sentence. But by 2006, he had violated supervision again and a judge ordered him sent back to prison. He sought release again in 2009, but a judge ruled it was not in the public interest, according to court records. Corrections rescinded its decision to release him on in Nov. 2009, but reversed itself, releasing him in early January 2010.

14. PIERSON, Dion, 24, of Milwaukee. Pierson was convicted of two felonies for cocaine dealing and bail jumping and another felony for marijuana possession greater than 200 grams in 2005. He received concurrent sentences of prison time of 1 ½ years for each felony. He was released to extended supervision, and, in August 2009, that release was revoked by a Milwaukee judge, who ordered him back to prison for one year for each case.

15. ROBERTSON, Joseph, 35. He was sentenced in March 2009 to serve more than two years in prison on two felonies – operating a vehicle without owner’s consent and theft greater than $2,500, crimes stemming from Ashland County. Since 2005, he was also convicted of nine other misdemeanors, mostly for worthless checks, but also for drug paraphernalia possession. A judge ruled he was eligible for earned release.

16. SCHENK, Zachary, 25. He was convicted of one felony (for marijuana delivery) and nine misdemeanors since 2002 – for such offenses as battery, threats to cause harm, theft, and cocaine possession, despite being only age 25. He landed in prison on a revocation of a drug paraphernalia charge. In that case, a judge denied his petition for sentence adjustment, saying it was “against the public interest,” according to court records. His cases were largely from Columbia County.

17. SHEHI, Michael, 25, Winnebago County. He was convicted of four felonies for bail jumping and marijuana dealing and two misdemeanors since 2004, as well as ticketed for drunk driving. The 2007 case that landed him in prison out of Winnebago County was for the drug offense. In October 2009, a judge denied his petition for sentence modification, saying it was not in the public interest, according to court records. A month later, Corrections notified the judge that it was releasing him anyway.

18. WAGNER, Douglas, 25. He was convicted of three felonies for failure to support a child in Fond du Lac County. His supervision was revoked, and he was sent to prison for a year on each count in 2007. A judge denied his petition for release in September 2009, saying it was not in the public interest, according to court records.

19. WARMINGTON, Michelle, 30. She was in prison after her supervision was revoked for multiple misdemeanors out of Racine County, and she has been deemed a habitual criminal. She was convicted of five misdemeanors since 2005 for things such as drug possession, resisting an officer, and theft. She was sent to prison on the revocation in March 2009.

20. WEIHER, Sandra, 39, was sentenced to prison on a felony forgery case dating to 2003 in Racine. She was also convicted of four other misdemeanors and another felony for forgery. Her supervision was revoked twice on the forgery case, and she was sent to prison in 2007 for 42 months on the second revocation. A judge denied her petition for sentence adjustment in May 2009, saying it was not in the public interest, court records say.

21. WILLIAMS, Vincent, 35, was in prison because a judge revoked his supervision on a felony marijuana possession (second offense) case from 2005 out of Columbia County. He was also convicted of misdemeanor cocaine possession in 2009 and resisting an officer in 2007. He petitioned the judge to get out early, but the prosecutor objected and a judge denied his request for early release in November 2009. He has also been convicted of two prior misdemeanors and one previous felony, for cocaine dealing.

22. HARRIS, Paula, the first inmate released, was a 45-year-old woman sentenced three years ago to an eighteen-year prison term for first-degree reckless homicide.⁴ According to media reports at the time, Harris stabbed Felicia Woodley, 33, to death with a steak knife in a Milwaukee apartment.⁵ A judge said she was not eligible for the earned release program.

Coming later: More details on what the newly released felons did to get sent to prison – and reaction from people in the system.

And: Although the first inmates released were not convicted of violent offenses in all but one case, some of the state’s most violent and notorious criminals now have a chance to get out early. And the sentencing modifications allow inmates to get time off their sentences for many violent crimes. Plus, who are the eight hundred other inmates that Corrections says it has identified for release?

McBride is a lecturer in journalism at the University of Wisconsin-Milwaukee.

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