Parole Eligibility Notification System (PENS)

 

Modified Excerpt from: Wisconsin Coalition Against Sexual Assault's Sexual Assault Legal Advocate Manual

Wisconsin's law provides that a victim has the right to be notified of the release of certain offenders under certain circumstances. However, in order for a victim to be eligible to receive this information, the victim must be registered with the Parole Eligibility Notification System (PENS).

A Victim of a Crime Has These Rights:
1. To be notified when the offender, if sentenced to prison, will have a parole hearing. When the victim completes the information needed to be enrolled in the PENS, the victim may indicate whether she wishes to receive notification of just the first parole hearing or every parole hearing. This opportunity is made possible because most persons are not paroled at their first hearing;
2. To let the Parole Commission know how the crime has affected her and how she feels about the offender's release;
3. To have direct input into the parole decision-making process by having a face-to-face meeting or phone conversation with a parole commissioner;
4. To be informed when an offender will be released from an institution.

When Will Notice Be Sent?
Notice is sent when an offender may be released from an institution. There are four ways by which an offender can be released from a state correctional institution:
· discretionary parole;
· special action release;
· mandatory release; and
· direct discharge.

Victim Input in a Parole Hearing:
In general, the Parole Commission attempts to give the victim three weeks' notice before a parole hearing is held. A form will be sent to the victim (provided she has filled out the PENS forms) asking the victim questions and asking the victim to explain how the crime has affected her. It is important for the victim to complete the form as quickly as possible so that the Parole Commission has enough time to review the victim's response.

By law, when a victim completes the questions sent by the Parole Commission prior to the hearing, the victim's address is held confidential. By practice, any other information in the letter is treated as confidential and not provided to the inmate. The offender will be informed that the victim has submitted a statement but will not be allowed to see it.

For More Information:
For more information regarding probation agents, call the Department of Corrections at 608-266-2097. For information about the four types of parole releases, PENS, or setting up a face-to-face or telephone interview with a parole commissioner, ask to speak with the parole commission's victim advocate.