NCJ Number
162066
Editor(s)
J Thieme
Date Published
1994
Length
48 pages
Annotation
Wisconsin's Sentencing Commission was established in 1984 to develop guidelines for judicial consideration in sentencing convicted felons.
Abstract
In establishing the Sentencing Commission, the legislature sought to encourage consistent sentencing of criminals through the development of sentencing guidelines, while maintaining Wisconsin's tradition of indeterminate sentencing. The legislature approved $553,400 for the 1993-1995 biennium of the Sentencing Commission and maintained a staffing level of five full-time equivalent positions. The legislative history of the Sentencing Commission was reviewed to identify issues the legislature would need to consider if it decided to replace sentencing guidelines with mandatory minimum sentences. This review found that statutory duties of the Sentencing Commission have not substantially changed since it was established. These duties concern the development and maintenance of sentencing guidelines and include the promulgation of rules for judges to use in sentencing defendants convicted of felonies, the development of guidelines on when the intensive sanctions program should be used, the collection of statistical information on sentencing practices and other criminal complaint dispositions, cooperation with the Wisconsin Supreme Court in developing instructional programs for judges related to sentencing, and the explanation of sentencing practices and rules to the public. Sentencing Commission staff also conduct continuing legal education courses for legal practitioners and participate in the delivery of judge training programs. Sentencing guidelines for approximately 70 percent of felony cases have been promulgated, and the remainder were scheduled to be issued in 1995. Although judges are not required to follow the sentencing guidelines, there is considerable acceptance of them by the judicial community. If the legislature decides to continue the Sentencing Commission, fiscal constraints and priorities and sentencing procedures will need to be assessed. Appendixes contain the sentencing guideline development reform and a response to the evaluation from Wisconsin's Sentencing Commission. Tables and figures