Paul Zilly first heard of his score when he was convicted of stealing a push lawnmower in Barron County, Wisconsin. His lawyer and the prosecutor agreed on a plea deal of 1-year in county jail and follow-up supervision once release, but once the Judge Babler saw Zilly’s risk assessment score, he commented that his score was “about as bad as it could be”. Judge Babler overturned the plea deal and imposed a 2-year state prison sentence and 3-years of supervision. Eric Loomis a 34-year old white male, was arrested in Feb. 2013 in La Crosse, WI for driving a car that was used in a drive by. Mr. Loomis was sentenced to 6-years in prison plus five years of probation, however, he did have a criminal record. The judge received Loomis risk assessment and made referenced to his COMPAS score before issuing his ruling. Loomis appeal the decision but Wisconsin Supreme Court upheld the 6-year prison sentence
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Justice Bradley of the Wisconsin Supreme Court wrote “A risk score can’t justify making a sentence longer or shorter, or serve as the sole factor in determining whether someone should be sentenced to prison or released into the community,” she also state “Using a risk assessment tool to determine the length and severity of a sentence is a
Justice Bradley of the Wisconsin Supreme Court wrote “A risk score can’t justify making a sentence longer or shorter, or serve as the sole factor in determining whether someone should be sentenced to prison or released into the community,” she also state “Using a risk assessment tool to determine the length and severity of a sentence is a