Wisconsin Legislature: DOC 302.35(1)(b)

(k) The SAR coordinator shall submit the relevant information to the secretary for consideration.

(6) The secretary may consider the following factors in deciding whether to grant or deny an SAR:

(a) Parole eligibility.

(b) The inmate’s criminal record, the nature of the offense of which the inmate was convicted, and any known history of assaultive conduct outside a correctional institution.

(d) Adequacy of the parole plan.

(e) Population pressures.

(f) Risk to the public safety.

(g) Any other factors that relate to whether the inmate will be able to comply with the rules of parole and maintain himself or herself in open society without engaging in assaultive or any other criminal activity.

(7) If the SAR is granted, the secretary may impose in writing any special conditions that are appropriate. The secretary may modify the conditions of the former inmate’s special action release at any time until discharge from supervision, and the agent may modify the rules and specific conditions of the inmate’s parole supervision at any time until discharge from supervision. The conditions that the secretary may impose include the following:

(a) A period of intensive supervision that requires the former inmate to report to the agent on the first day of release and to contact the agent in person at least once a week for a minimum of 90 days, and that requires the agent to visit the former inmate’s place of residence or employment once a month during the period of intensive supervision.

(b) Restrictions on residence.

(d) Restrictions on associations.

(e) Restrictions on possessions.

(f) Restrictions on consumption of drugs and alcohol.

(g) Requirements for inpatient or outpatient treatment, including treatment for alcohol abuse or other drug abuse.

(h) Requirements for training and participation in other self-improvement programs including job training.

(i) Requirements for the former inmate to make himself or herself available for any tests or searches ordered by the agent, including urinalysis, breathalyzer, and blood sample tests, or for search of the former inmate’s residence, person, or any property under their control.

(j) Electronic monitoring.

(k) Any other specific condition to achieve the purpose of maintaining the former inmate in open society without engaging in criminal activity.

(8) The institution where the inmate is incarcerated shall inform the inmate of the decision to grant or deny an SAR and, if granted, of any conditions imposed on the inmate’s release.

(9) Before the inmate is released, the department shall notify the municipal police department and the county sheriff for the area where the inmate plans to reside and shall notify the victim of the crime committed by the inmate, if the victim submits a card under s. 304.06 (1) (f), Stats., and if the victim can be found.

(10) An offender released under special action release who violates the rules or conditions of their supervision is subject to revocation under ch. DOC 331 procedures.

(11) The secretary’s decision is final and not subject to appeal.

History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18; correction in (5) (i) made under s. 13.92 (4) (b) 7., Stats., Register October 2018 No. 754.

DOC 302.35 Certain earned releases.

(1) The department may release to extended supervision or to another sentence inmates who are serving the confinement portion of a bifurcated sentence under s. 302.113 (9h), Stats., of 2009, repealed by 2011 Wisconsin Act 38, and who meet all of the following criteria:

(a) The inmate is serving a confinement portion of a bifurcated sentence for a misdemeanor or a Class F to Class I felony that is not a violent offense, as defined in s. 301.048 (2) (bm) 1., Stats.

(b) The inmate committed the offense, or was convicted, or sentenced on the offense between October 1, 2009 and August 3, 2011.

(c) The social worker or agent has reason to believe that the inmate will be able to maintain himself or herself while on extended supervision without engaging in assaultive activity.

(d) The release to extended supervision date is not more than 12 months before the inmate’s extended supervision eligibility date.

(2) An inmate is not eligible for certain earned release if any of the following apply:

(a) The inmate is the subject of a bulletin issued under s. 301.46 (2m), Stats.

(b) The inmate has, in his or her lifetime, been convicted of or found not guilty by reason of mental disease or defect of a sex offense, as defined in s. 301.45 (1d) (b), Stats.

(c) The inmate has, in his or her lifetime, been found to have committed a sex offense in another jurisdiction, as defined in s. 301.45 (1d) (am), Stats.

(d) The inmate is required to register under s. 301.45, Stats.

(e) The inmate has, in his or her lifetime, been committed under ch. 975, Stats.

(f) An inmate who is serving, begins to serve, or has served, during his or her current period of confinement, a sentence for a Class A or B felony.

(g) An inmate who is serving, begins to serve, or has served during his or her current period of confinement a sentence for a felony defined in ch. 940, Stats.

(3) The department shall consider all of the following when making a decision to release an inmate under this section:

(a) The inmate meets the eligibility criteria under sub. (1) and is not excluded from consideration under sub. (2).

(b) The inmate has served sufficient time so that release would not depreciate the seriousness of the offense.

(d) The inmate has not refused or neglected to perform required or assigned duties, including programming and treatment identified by the department.

(e) The inmate has participated in and has demonstrated sufficient efforts in required or recommended programs which have been made available by demonstrating one of the following:

1. The inmate has gained maximum benefit from programs.

2. The inmate can complete programming and treatment in the community without presenting an undue risk.

3. The inmate has not been able to gain entry into programming and treatment and release would not present an undue risk.

(f) The inmate has developed an adequate release plan.

(g) The inmate is subject to a sentence of confinement in another state or is in the United States illegally and may be deported.

(h) The inmate has reached a point at which the department concludes that release would not pose an unreasonable risk to the public and would be in the interests of justice.

(4) Release to detainer. An inmate who has an active detainer is eligible for certain earned release consideration without meeting the criteria under sub. (1) (a) and (b) if the detainer concerns a sentence imposed in another jurisdiction and the remainder of the confinement portion of that sentence is equal to or longer than the remainder of the confinement portion of the Wisconsin sentence. In this paragraph, “active” means that the jurisdiction issuing the detainer intends to obtain custody of the inmate immediately upon release.

(5) Prior to its decision to recommend release of an inmate under this section, the department shall notify an enrolled victim for the purpose of giving the victim the opportunity of providing input.

(6) Prior to release of an inmate under this section, the department shall notify an enrolled victim that the inmate is to be released.

(7) Upon the inmate’s release, The department shall notify the court and district attorney.

(8) Release authority. The secretary may release eligible inmates under this section consistent with public safety and reentry goals.

(9) When an inmate who has served less than the entire confinement time of the sentence imposed under s. 973.01, Stats., is released to extended supervision or to another sentence under this section, the term of extended supervision is increased so that the total length of the bifurcated sentence does not change.

History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.36 Positive adjustment time. Inmates who are eligible to earn positive adjustment time may petition the sentencing court to adjust the inmate’s sentence under s. 973.198, Stats., in accordance with the following:

(1) The inmate may petition the sentencing court up to 90 days prior to the completion of the confinement portion less positive adjustment time earned if all of the following criteria are met:

(a) The inmate is serving a sentence imposed under s. 973.01, Stats.

(b) The inmate earned positive adjustment time under s. 302.113, 2009 Stats., or s. 304.06, 2009 Stats. in accordance with one of the following:

1. The inmate serving a sentence imposed prior to October 1, 2009, for a crime committed after December 30, 1999, may earn positive adjustment time under s. 302.113, 2009 stats., or under s. 304.06, 2009 stats., based on the number of days of positive adjustment time earned between October 1, 2009, and August 3, 2011.

2. The inmate serving a sentence for a crime committed, conviction entered, or sentence imposed between October 1, 2009, and August 3, 2011, may earn positive adjustment time under s. 302.113, 2009 stats., or under s. 304.06, 2009 stats., based on the number of days of positive adjustment time earned between October 1, 2009, and discharge from the sentence.

(2) If the court determines that the inmate has earned positive adjustment time, the court may reduce the term of confinement in prison by the amount of time remaining in the term of confinement in prison portion of the sentence by the number of positive adjustment time earned, less up to 30 days, and shall lengthen the term of extended supervision so that the total length of the bifurcated sentence originally imposed does not change.

(3) An inmate who files a petition under sub. (1) shall be released to extended supervision or to another sentence only as determined and approved by the court.

(4) If an inmate is subject to more than one sentence imposed under this section, the sentences shall be treated individually.

History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.37 Sentence adjustment.

(1) Except as provided in s. 973.198, Stats., an inmate may petition the sentencing court to adjust the sentence if the following criteria are met:

(a) The inmate is serving a sentence imposed under s. 973.01, Stats., for a crime other than a Class B felony.

(b) The inmate served at least the applicable percentage of the term of confinement in prison portion of the sentence.

(2) If the court determines that the inmate has served at least the applicable percentage of the term of confinement in prison portion of the sentence, the court may reduce the term of confinement in prison by the amount of time remaining in the term of confinement in prison portion of the sentence, less up to 30 days and shall lengthen the term of extended supervision so that the total length of the bifurcated sentence originally imposed does not change.

(3) The court may reduce the length of the term of extended supervision under s. 973.195 (1r) (h), Stats.

(4) If an inmate is subject to more than one sentence imposed under this section, the sentences shall be treated individually.

History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.38 Challenge incarceration program.

(1) Inmates who are convicted of a crime specified in ch. 940, Stats., or s. 948.02, 948.025, 948.03, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095, Stats., are excluded from eligibility for the challenge incarceration program.

(2) The department or sentencing court shall determine eligibility under one of the following:

(a) For inmates sentenced for crimes committed before December 31, 1999, the department determines eligibility.

(b) For inmates sentenced for crimes committed on or after December 31, 1999, the sentencing court determines eligibility.

(3) The department may enroll an inmate in the program if all of the following criteria are met:

(a) The inmate is determined to be eligible for participation under subs. (1) and (2).

(b) The inmate has not attained the age of 40 on the date of program entry if sentenced on or after July 26, 2003 or the inmate has not attained the age of 30 on the date of program entry if sentenced before July 26, 2003.

(d) The inmate meets department determined physical, medical, and psychological criteria required for program participation.

(e) The department determines the inmate has a substance abuse need.