Current Offense/Field Supervision Violations 01 940.03
FELONY MURDER DEC New GOVERNING 45 YRS, 00 MOS MILWAUKEE 04 943.32(2) ARMED ROBBERY 05 939.05 PARTY TO A CRIME
This is his 1st Incarceration as a New Admission, not a violation, Milwaukee county for Felony Murder & Armed Robbery' Party to a Crime. Mr. Payne and an accomplice and male victim were consuming drugs & alcohol and talking about killing someone. Mr. Payne and the accomplice drove victim to his apartment at knife point to look for money to buy drugs. During struggle at victim's apartment, Mr. Payne stabbed the victim in the left chest, resulting in death. Victim was robbed, found $2 in change & a pocket knife on the victim, Mr. Payne was not there during the robbery, CCI\R.Bradley TimeStamp: 16 December 2008 08:25:09 None
If you are recommended for a parole grant, the time frame within which you shall be released, as established by the chairperson of the Parole Commission, shall be reflected in the grant.
GENERAL REASONS FOR ACTION TAKEN
1 . You have developed an adequate plan, but will need Agent's verification.
2. Release at this time would involve an unreasonable risk to the public.
3. Your institutional conduct has been satisfactory.
4. You have NOT served sufficient time for punishment.
5. Your program participation has NOT been satisfactory.
PAROLE COMMISSION COMMENTS on same action taken on 2008 (again, transcription and picture below)
You are serving your 1st period of adult incarceration as a new sentence for PTAC of felony murder in which you, an accomplice, and a male victim were consuming alcohol and drugs and talking about killing someone. Records indicate you and your accomplice eventually drove the victim to his apartment at knife point to look for money to buy drugs, and once there, a struggle ensued, and you stabbed the victim in the chest resulting in his death. You apparently left, and the victim was then robbed by the accomplice of $2.00 in change and a pocket knife. You were received in the WPS on 12/23/97, and transferred to CCI on 1 1/8/01 . You have a minimal prior record (adult only-1997 battery), and at 35 years of age, you have served approximately 1 1 years and 3 months of a 45 year sentence. Your institutional conduct has been excellent with the exception of your involvement in a disturbance at CCA Whiteville, TN on 1 1/30/99. Case file information indicates you were a willing participant in an assault on staff in a housing unit, and identified by an officer as the individual who was "kicking me in the chest and hitting me in the face."
During today's hearing, you stated "I wasn't a willing participant," and further denied assaulting any staff member at CCA Whiteville. You later accepted responsibility for the committing offense and repeatedly expressed remorse for what occurred. You continued by stating "I'm a good person that made a lot of bad mistakes." Records further indicate you have unmet programming needs for AODA residential treatment, CGIP, and voc ed, and according to your social worker, you are a good worker, who relates well to staff and other inmates. In addition, you voluntarily participated in and successfully completed the restorative justice program, and have "made a great deal of progress and personal growth" during your incarceration. Your risk level has been and remains high by virtue of your past actions, and as discussed and agreed upon at today's hearing, you have more time to serve for punishment.
At the same time, the Parole Commission feels you have earned a reduction in custody rating, and as such, endorses transfer to reduced security to participate in and successfully complete your remaining program needs. Once again, you are reminded of the importance of maintaining good conduct with no further conduct reports, major or minor, and continuing to work on grounds while receiving good performance evaluations to help lower your risk level.
This recommendation requires the approval of the Parole Commission Chairperson.
Date: 10/24/2008 — Time: 1 1 :34:44 AM
and again in January 09:
This is a review of custody, institution placement, and program assignment per DOC 302 Wisconsin Administrative Code. The factors taken into consideration are found in DOC 302.07 and 302.10. After careful consideration of Social Worker summary, file material, and the offender's comments/requests as they relate to the factors in DOC 302 and the risk presented to the community, institution, staff, and other inmates as well as any vulnerability issues and/or service needs, we are unanimous in recommending continued maximum custody and retention at CCI.
The committee has referred this case for second step review in the past. The second step committee has retained Mr. Payne in maximum custody for a number of reasons, including sentence structure. The committe notes Mr. Payne remains high risk in sentence structure on the risk rating until 2012. Release is in 2027. Given sentence structure and time left to serve, we are recommending retention in maximum custody at CCI. This does not discount Mr. Paynes positive adjustment record and he is encouraged to continue the positive conduct. However, continued monitoring in maximum custody appears warranted at this time. At his next review, the committee can again consider possible custody reduction. There is no peason to recommend transfer at this time. We expect continued positive adjustment and completion of any programs made available to him in order to address risk factors. We expect he will pay restitution and court obligations if he owes them.
ie has the right to appeal the decision of this review per DOC 302.18. Recall is set for January 2010. 'ClfL.Fa.it
TimeStamp: 7 January 2009 14:06:15