By: WISCONSIN LAW JOURNAL STAFF//December 16, 2014//
Wisconsin Court of Appeals
Criminal
Sentencing – COMPAS
A circuit court did not erroneously exercise its discretion in relying on the COMPAS need assessment scores to determine a defendant was a high risk despite the COMPAS assessment that he presented a low risk of reoffense.
“Samsa’s risk of violent or nonviolent reoffense was determined to be low by the COMPAS assessment. However, the circuit court ultimately rejected that conclusion, and it was perfectly within the court’s discretion to do so. The COMPAS is merely one tool available to a court at the time of sentencing and a court is free to rely on portions of the assessment while rejecting other portions. Samsa’s assertion that a sentencing court should be prohibited from considering criminogenic needs when assessing a defendant’s risk of reoffense runs contrary to the principle that sentencing courts are afforded substantial discretion. See Gallion, 258 Wis. 2d 473, ¶26.”
Affirmed.
Recommended for publication in the official reports.
2013AP2535-CR State v. Samsa
Dist. III, Marinette County, Miron, J., Hoover, J.