What is the minimum amount of time can a person receive for violating parole in madison Wisconsin under the old law.

Asked almost 2 years ago - Madison, WI

My husband is currently in jail in columbus Ohio for aggravated menacing there was a parole holder put on him for upscounding. He was sentenced to 22 years did 11 been on parole since 2007.

Attorney answers (2)

  1. Timothy J. Helmberger

    Contributor Level 6

    Answered . I believe the answer lies in the Parole Commission section of the WI Administrative Code. Under PAC 1.05(2)(c), if the incarceration is folowing a parole revocation, without a new sentence (in WI), then the person is eligible for parole after 6-months, less any sentence credit.

    This sounds like it matches your husbands scenario because his new charges are not in WI. Therefore, once he is returned to WI, he would need to sit 6-months before he would be elligible to be released on parole. Whether or not he would be released after 6-months is another question, however.

  2. Michael C. Witt

    Pro

    Contributor Level 18

    Answered . It depends on whether he was actually on parole, or whether what he absconded from was extended supervision under truth-in-sentencing. If it was the latter, the Judge will decide how long he is going back for. If he was on parole, and absconded, and allegedly committed a new violent crime, parole eligibility will not necessarily equate to release. More information would be needed to estimate a mandatory release date under a parole revocation structure.

    Short answer is that he is probably not getting out any time soon.

    This answer is provided for general information only. No legal advice can be given without a consult as to the... more

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