Chapter DOC 302

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inmates who are serving the confinement portion of a bifurcated sentence under s. 302.113 (9h), Stats., of 2009, repealed by 2011 Wisconsin Act 38, and who meet all of the following criteria: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.

DOC 302.36 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:

DOC 302.36(1) (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:

DOC 302.36(1)(a) (a) The inmate is serving a sentence imposed under s. 973.01, Stats.

DOC 302.36(1)(b) (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:

DOC 302.36(1)(b)1. 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.

DOC 302.36(1)(b)2. 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.

DOC 302.36(1)(c) (c) The inmate served the confinement portion of their sentence less positive adjustment time earned.

DOC 302.36(2) (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.

DOC 302.36(3) (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.

DOC 302.36(4) (4) If an inmate is subject to more than one sentence imposed under this section, the sentences shall be treated individually.

DOC 302.36 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.37 DOC 302.37 Sentence adjustment.

DOC 302.37(1) (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:

DOC 302.37(1)(a) (a) The inmate is serving a sentence imposed under s. 973.01, Stats., for a crime other than a Class B felony.

DOC 302.37(1)(b) (b) The inmate served at least the applicable percentage of the term of confinement in prison portion of the sentence.

DOC 302.37(2) (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.

DOC 302.37(3) (3) The court may reduce the length of the term of extended supervision under s. 973.195 (1r) (h), Stats.

DOC 302.37(4) (4) If an inmate is subject to more than one sentence imposed under this section, the sentences shall be treated individually.

DOC 302.37 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.38 DOC 302.38 Challenge incarceration program.

DOC 302.38(1) (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.

DOC 302.38(2) (2) The department or sentencing court shall determine eligibility under one of the following:

DOC 302.38(2)(a) (a) For inmates sentenced for crimes committed before December 31, 1999, the department determines eligibility.

DOC 302.38(2)(b) (b) For inmates sentenced for crimes committed on or after December 31, 1999, the sentencing court determines eligibility.

DOC 302.38(3) (3) The department may enroll an inmate in the program if all of the following criteria are met:

DOC 302.38(3)(a) (a) The inmate is determined to be eligible for participation under subs. (1) and (2).

DOC 302.38(3)(b) (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.

DOC 302.38(3)(c) (c) The inmate volunteers to participate in the program and agrees to the rules and regulations of the program.

DOC 302.38(3)(d) (d) The inmate meets department determined physical, medical, and psychological criteria required for program participation.

DOC 302.38(3)(e) (e) The department determines the inmate has a substance abuse need.

DOC 302.38(3)(f) (f) The department determines the inmate is suitable for the program. In determining suitability, the department may consider any of the following:

DOC 302.38(3)(f)1. 1. Department policy affecting enrollment in the program.

DOC 302.38(3)(f)2. 2. Department resources.

DOC 302.38(3)(f)3. 3. Inmate needs.

DOC 302.38(3)(f)4. 4. Inmate custody assignment.

DOC 302.38(3)(f)5. 5. Length of sentence being served.

DOC 302.38(3)(f)6. 6. Length of time in a particular custody classification, overall time served during the current period of incarceration, and time remaining to serve.

DOC 302.38(4) (4) The department may determine participant privileges to support program objectives.

DOC 302.38(5) (5) For inmates sentenced for crimes committed before December 31, 1999, the department shall determine successful completion of the program and notify the parole commission who will parole the inmate for that sentence.

DOC 302.38(6) (6) For inmates sentenced for crimes committed on or after December 31, 1999, the department shall determine successful completion of the program and notify the sentencing court of the successful completion to initiate a modification of the inmate’s sentence. The department shall release the inmate within 6 working days upon receipt of a court order modifying the inmate’s bifurcated sentence.

DOC 302.38(7) (7) The department shall provide notice to an enrolled victim prior to an inmate’s release under this section.

DOC 302.38 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.39 DOC 302.39 Earned release program.

DOC 302.39(1) (1) Inmates 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.

DOC 302.39(2) (2) The department or sentencing court shall determine eligibility for the program under one of the following:

DOC 302.39(2)(a) (a) For inmates sentenced for crimes committed before December 31, 1999, the department determines eligibility.

DOC 302.39(2)(b) (b) For inmates sentenced for crimes committed on or after December 31, 1999, the sentencing court determines eligibility.

DOC 302.39(2)(c) (c) For inmates who are serving a bifurcated sentence and whose sentence was imposed on or after December 31, 1999, but before July 26, 2003, the inmate may petition the sentencing court with the department’s approval to determine eligibility. The inmate shall serve a copy of the petition on the district attorney who prosecuted him or her.

DOC 302.39(3) (3) The department may enroll an inmate in the program if all of the following criteria are met:

DOC 302.39(3)(a) (a) The inmate is determined to be eligible for participation under subs. (1) and (2).

DOC 302.39(3)(b) (b) The inmate volunteers to participate in the program and agrees to the rules and regulations of the program.

DOC 302.39(3)(c) (c) The department determines that inmate has a substance abuse need.

DOC 302.39(3)(d) (d) The department determines the inmate is suitable for the program. In determining suitability, the department may consider any of the following:

DOC 302.39(3)(d)1. 1. Department policy affecting enrollment in the program.

DOC 302.39(3)(d)2. 2. Department resources.

DOC 302.39(3)(d)3. 3. Inmate needs.

DOC 302.39(3)(d)4. 4. Inmate custody assignment.