Chapter DOC 302

DOC 302.34(2)(f) (f) Be within 18 months of mandatory release on the date of the special action release.

DOC 302.34(2)(g) (g) Never have had a felony or misdemeanor conviction for an assaultive crime.

DOC 302.34(2)(h) (h) Have no known history of assaultive conduct inside or outside of a correctional institution, except that an inmate who has a known history of assaultive conduct that did not result in a conviction may be considered for special action release if one of the following applies:

DOC 302.34(2)(h)1. 1. The conduct occurred more than 5 years prior to SAR review by the social worker under sub. (5).

DOC 302.34(2)(h)2. 2. The inmate acted in self-defense or defense of property.

DOC 302.34(2)(h)3. 3. The inmate is to be released to a structured living arrangement such as a halfway house.

DOC 302.34(2)(h)4. 4. The inmate’s conduct was an isolated incident not likely to be repeated.

DOC 302.34(2)(h)5. 5. The inmate’s age or physical condition makes repeat of the assaultive conduct unlikely.

DOC 302.34(2)(i) (i) If an active detainer exists in another jurisdiction, the remainder of that sentence is equal to or longer than the remainder of the Wisconsin sentence and the jurisdiction issuing the detainer intends to obtain custody of the inmate immediately upon release.

DOC 302.34(2)(j) (j) Have an approved parole plan.

DOC 302.34(2)(k) (k) If to be supervised in another state, shall be accepted for supervision by that other state.

DOC 302.34(2)(L) (L) Agrees to intensive supervision and any other special conditions the agent or secretary may impose.

DOC 302.34(3) (3) An inmate is eligible for special action release to parole supervision without meeting the eligibility criteria of sub. (2) if all of the following conditions are met:

DOC 302.34(3)(a) (a) The inmate population equals or exceeds the statewide inmate population limit promulgated by rule under s. 301.055, stats.

DOC 302.34(3)(b) (b) The inmate is not currently incarcerated regarding a felony conviction for an assaultive crime.

DOC 302.34(3)(c) (c) The institution social worker or the agent has reason to believe the inmate will be able to maintain himself or herself in society without engaging in assaultive activity.

DOC 302.34(3)(d) (d) The inmate is not granted a special action release more than 18 months before their expected release date under s. 302.11, stats.

DOC 302.34(3)(e) (e) The inmate is eligible for release under s. 304.06 (1) (b), Stats.

DOC 302.34(4) (4) An inmate may waive eligibility for SAR consideration at any time by notifying the institution social worker, except that an inmate who has an active detainer may not waive eligibility for SAR consideration. To reestablish eligibility following a waiver, the inmate shall notify the institution social worker that the inmate no longer waives eligibility for SAR consideration.

DOC 302.34(5) (5) The following steps shall be taken in preparing an SAR referral:

DOC 302.34(5)(a) (a) The social worker shall review inmate files to identify inmates who may be eligible for SAR consideration. The social worker may contact the agent to obtain further information concerning an inmate’s eligibility.

DOC 302.34(5)(b) (b) If an inmate appears to be eligible for SAR consideration, the social worker in consultation with the inmate shall develop a parole plan that considers the inmate’s institutional conduct, the inmate’s resources, and plans for the inmate’s residence and job placement upon release.

DOC 302.34(5)(c) (c) The social worker shall send a copy of the parole plan to the agent, the SAR coordinator, and the social worker’s supervisor.

DOC 302.34(5)(d) (d) The department shall notify in writing the office of the district attorney that prosecuted the inmate, the court that sentenced the inmate, and the victim of the crime committed by the inmate, if the victim submits a card under s. 304.06 (1) (f), Stats., that the inmate is being considered for SAR. The notice shall advise the district attorney, court, and the victim that they are permitted to submit written comments regarding the proposed release, which will be placed in the special action release record developed by the SAR coordinator for the secretary. The notice shall be mailed at least 21 days before the secretary under sub. (5) makes a decision concerning the release of the inmate.

DOC 302.34(5)(e) (e) Upon receipt of the parole plan from the social worker, the agent shall carry out an investigation to determine if the plan is appropriate and shall include in that investigation assessments of the inmate’s proposed residence, employment, and community treatment plans.

DOC 302.34(5)(f) (f) If the plan is not appropriate, the agent shall suggest alternatives to the inmate and social worker and attempt to develop an acceptable plan in consultation with the inmate and social worker.

DOC 302.34(5)(g) (g) In addition to the rules provided under ch. DOC 328, the agent may develop additional written rules and specific conditions for the inmate’s parole supervision to achieve the goals and objectives of supervision under ch. DOC 328.

DOC 302.34(5)(h) (h) The agent shall write a report that shall include the results of the agent’s investigation. The report shall address probable reaction to the inmate in the community where the inmate proposes to reside and shall contain other relevant information that is not available to the institution.

DOC 302.34(5)(i) (i) The agent shall send a copy of the report under par. (h) to the SAR coordinator.

DOC 302.34(5)(j) (j) The SAR coordinator shall assemble all relevant documents on an inmate, including the inmate’s parole plan, the agent’s report, any comments received from the district attorney’s office, judge, or victim, a summary of the inmate’s arrests and convictions, reasons why the parole commission denied parole, if applicable, and any other relevant information requested by the secretary.

DOC 302.34(5)(k) (k) The SAR coordinator shall submit the relevant information to the secretary for consideration.

DOC 302.34(6) (6) The secretary may consider the following factors in deciding whether to grant or deny an SAR:

DOC 302.34(6)(a) (a) Parole eligibility.

DOC 302.34(6)(b) (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.

DOC 302.34(6)(c) (c) Institutional adjustment.

DOC 302.34(6)(d) (d) Adequacy of the parole plan.

DOC 302.34(6)(e) (e) Population pressures.

DOC 302.34(6)(f) (f) Risk to the public safety.

DOC 302.34(6)(g) (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.

DOC 302.34(7) (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:

DOC 302.34(7)(a) (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.

DOC 302.34(7)(b) (b) Restrictions on residence.

DOC 302.34(7)(c) (c) Restrictions on travel and local movement.

DOC 302.34(7)(d) (d) Restrictions on associations.

DOC 302.34(7)(e) (e) Restrictions on possessions.

DOC 302.34(7)(f) (f) Restrictions on consumption of drugs and alcohol.

DOC 302.34(7)(g) (g) Requirements for inpatient or outpatient treatment, including treatment for alcohol abuse or other drug abuse.

DOC 302.34(7)(h) (h) Requirements for training and participation in other self-improvement programs including job training.

DOC 302.34(7)(i) (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.

DOC 302.34(7)(j) (j) Electronic monitoring.

DOC 302.34(7)(k) (k) Any other specific condition to achieve the purpose of maintaining the former inmate in open society without engaging in criminal activity.

DOC 302.34(8) (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.

DOC 302.34(9) (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.

DOC 302.34(10) (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.

DOC 302.34(11) (11) The secretary’s decision is final and not subject to appeal.

DOC 302.34 History 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 DOC 302.35 Certain earned releases.

DOC 302.35(1) (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:

DOC 302.35(1)(a) (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.

DOC 302.35(1)(b) (b) The inmate committed the offense, or was convicted, or sentenced on the offense between October 1, 2009 and August 3, 2011.

DOC 302.35(1)(c) (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.

DOC 302.35(1)(d) (d) The release to extended supervision date is not more than 12 months before the inmate’s extended supervision eligibility date.

DOC 302.35(2) (2) An inmate is not eligible for certain earned release if any of the following apply:

DOC 302.35(2)(a) (a) The inmate is the subject of a bulletin issued under s. 301.46 (2m), Stats.

DOC 302.35(2)(b) (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.

DOC 302.35(2)(c) (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.

DOC 302.35(2)(d) (d) The inmate is required to register under s. 301.45, Stats.

DOC 302.35(2)(e) (e) The inmate has, in his or her lifetime, been committed under ch. 975, Stats.

DOC 302.35(2)(f) (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.

DOC 302.35(2)(g) (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.

DOC 302.35(3) (3) The department shall consider all of the following when making a decision to release an inmate under this section:

DOC 302.35(3)(a) (a) The inmate meets the eligibility criteria under sub. (1) and is not excluded from consideration under sub. (2).

DOC 302.35(3)(b) (b) The inmate has served sufficient time so that release would not depreciate the seriousness of the offense.

DOC 302.35(3)(c) (c) The inmate has demonstrated satisfactory adjustment in the institution.

DOC 302.35(3)(d) (d) The inmate has not refused or neglected to perform required or assigned duties, including programming and treatment identified by the department.

DOC 302.35(3)(e) (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:

DOC 302.35(3)(e)1. 1. The inmate has gained maximum benefit from programs.

DOC 302.35(3)(e)2. 2. The inmate can complete programming and treatment in the community without presenting an undue risk.

DOC 302.35(3)(e)3. 3. The inmate has not been able to gain entry into programming and treatment and release would not present an undue risk.

DOC 302.35(3)(f) (f) The inmate has developed an adequate release plan.

DOC 302.35(3)(g) (g) The inmate is subject to a sentence of confinement in another state or is in the United States illegally and may be deported.

DOC 302.35(3)(h) (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.

DOC 302.35(4) (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.

DOC 302.35(5) (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.

DOC 302.35(6) (6) Prior to release of an inmate under this section, the department shall notify an enrolled victim that the inmate is to be released.

DOC 302.35(7) (7) Upon the inmate’s release, The department shall notify the court and district attorney.

DOC 302.35(8) (8) Release authority. The secretary may release eligible inmates under this section consistent with public safety and reentry goals.

DOC 302.35(9) (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.

DOC 302.35 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.