Parole — extraordinary health circumstances

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Wisconsin Court of Appeals

Criminal

Parole — extraordinary health circumstances

Larry Beerbohm appeals a circuit court order affirming a decision of the parole commission to deny Beerbohm’s petition for release to extended supervision for extraordinary health circumstances under Wis. Stat. § 302.1135 (2009-10). Beerbohm contends that: (1) this court owes no deference to the parole commission’s interpretation of § 302.1135; (2) the question of whether release is in the public interest under § 302.1135 must include consideration of Beerbohm’s constitutional right to adequate medical care; (3) Beerbohm was denied due process because the parole commissioner relied on an ex parte communication with Beerbohm’s social worker; (4) Beerbohm was denied his right to have his petition for release heard by the entire parole commission when his petition was heard and decided by one parole commissioner; and (5) Beerbohm is entitled to file annual petitions for release under the law as it existed when he filed his petition in this case. We conclude that we have no basis to disturb the parole commission’s decision, and that the question of Beerbohm’s right to file petitions in the future is not ripe for review. Accordingly, we affirm. This opinion will not be published.

2012AP2379 State of Wisconsin ex rel. Beerbohm v. Parole Commission, et al.

Dist IV, Jefferson County, Hue, J., Per Curiam

Attorneys: For Appellant: Witt, Michael C., Jefferson; For Respondent: Potts, Abigail, Madison