Wisconsin Supreme Court allows Offender Risk Test that Considers Gender

MADISON, Wis. (AP) — The state Supreme Court says judges can rely on a risk assessment test that considers gender when sentencing offenders.

The case centers on Eric Loomis, who was charged with multiple counts in a drive-by shooting in La Crosse County. A pre-sentence report included a COMPAS assessment, a test designed by a private company to assess the likelihood of recidivism. The test takes gender into account.

Loomis argued using COMPAS violated his right to due process and improperly considers gender.

The Supreme Court ruled unanimously Wednesday that if COMPAS is used properly it doesn't violate due process rights and considering gender promotes accuracy, noting that both Loomis and the state appear to agree that men reoffend more often than women.

Loomis' attorney didn't immediately return a voicemail seeking comment.