Chapter DOC 302

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.

DOC 302.39(3)(d)5. 5. Length of sentence being served.

DOC 302.39(3)(d)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 302.39(4) (4) The department may determine participant privileges to support program objectives.

DOC 302.39(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 302.39(6) (6) For inmates sentenced for crimes committed on or after December 31, 1999, the department shall determine successful completion of the earned release 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 302.39(7) (7) The department shall provide notice to an enrolled victim prior to an inmate’s release under this section.

DOC 302.39 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.40 DOC 302.40 Risk reduction sentence.

DOC 302.40(1) (1) The sentencing court must impose a risk reduction sentence under s. 973.031, 2009 Stats. to be eligible for consideration under this section.

DOC 302.40(2) (2) Inmates convicted of a crime specified in s. 940.03, 940.06, 940.11 (1), 940.235, 940.302, 940.31 (1), 940.32 (3), 941.21, 946.465, 948.03 (2) (a), or 948.40 (4) (a) or for a felony murder under s. 940.03, an offense against an elderly or vulnerable person, as defined in s. 939.22 (20d), an offense related to ethical government, as defined in s. 939.22 (20m), Stats., or an offense related to school safety, as defined in s. 939.22 (20s), 2015 Stats., are excluded from eligibility.

DOC 302.40(3) (3) An inmate is suitable for a risk reduction sentence if the inmate meets all of the following criteria:

DOC 302.40(3)(a) (a) Is eligible for participation under subs. (1) and (2).

DOC 302.40(3)(b) (b) Volunteers to participate in the program.

DOC 302.40(3)(c) (c) Completes an assessment of the inmate’s criminogenic program need and risk of reoffending.

DOC 302.40(3)(d) (d) Participates in formulation of a risk reduction plan.

DOC 302.40(3)(e) (e) Successfully completes department designated programs, treatment and services related to the assigned criminogenic program need.

DOC 302.40(3)(f) (f) Maintains satisfactory adjustment.

DOC 302.40(3)(g) (g) Develops a department approved release plan.

DOC 302.40(3)(h) (h) Attains release eligibility date.

DOC 302.40(3)(i) (i) Is referred by the department to the sentencing court.

DOC 302.40(4) (4) The department shall monitor and review an inmate’s progress toward completion of the risk reduction plan through the reclassification hearing. The risk reduction plan may be modified if programming is unavailable or a new program need is identified.

DOC 302.40(5) (5) The department may rescind or withhold a determination regarding the completion of the risk reduction plan based on misconduct or failure to complete any component of the risk reduction plan.

DOC 302.40(6) (6) The department shall notify the sentencing court if the inmate has successfully completed the requirements of a risk reduction sentence. The department shall release the inmate within 6 working days upon receipt of a court order modifying the inmate’s bifurcated sentence.

DOC 302.40(7) (7) The department will notify an enrolled victim that the inmate will be released under this section.

DOC 302.40(8) (8) The department shall release an inmate to extended supervision on or after the inmate’s release eligibility date when the inmate has completed the risk reduction plan under sub. (3).

DOC 302.40(9) (9) If an inmate is released after successfully completing the risk reduction plan and demonstrating satisfactory institution adjustment but prior to their release eligibility date, the inmate’s overall sentence shall be reduced by the confinement time not served. The term of extended supervision shall not be increased.

DOC 302.40 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register June 2018 No. 750.

DOC 302.41 DOC 302.41 Extraordinary health condition or geriatric petitions.

DOC 302.41(1) (1) An inmate who is serving a bifurcated sentence for a crime, other than a class A or B felony, may seek modification of the bifurcated sentence under s. 302.113 (9g), Stats., if the inmate meets one of the following criteria:

DOC 302.41(1)(a) (a) The inmate is 65 years of age or older and has served at least 5 years of the term of confinement in the prison portion of the bifurcated sentence.

DOC 302.41(1)(b) (b) The inmate is 60 years of age or older and has served at least 10 years of the term of confinement in the prison portion of the bifurcated sentence.

DOC 302.41(1)(c) (c) The inmate has an extraordinary health condition.

DOC 302.41(2) (2) Time served under sub. (1) (a) and (b) is calculated on each count.

DOC 302.41(3) (3) An inmate who meets one of the criterion under sub. (1) may submit a petition to a classification specialist. A petition submitted under this section shall contain documentation required by the department policy.

DOC 302.41(4) (4) Upon receipt of a petition from an inmate, the classification specialist shall review the petition to determine if the inmate is eligible to petition under sub. (1).

DOC 302.41(5) (5) If the inmate meets the criteria for a hearing, the classification specialist shall schedule a hearing with the PRC to determine if public interest would be served by a modification of the inmate’s sentence under s. 302.113 (9g).

DOC 302.41(6) (6) The PRC may request additional information from the agent, social worker, or community agencies.

DOC 302.41(7) (7) An inmate who is eligible to petition for modification of the sentence under this section may have an attorney present in proceedings.

DOC 302.41(8) (8) During the hearing the inmate or an attorney representing the inmate, if applicable, may provide a written or oral statement regarding the inmate’s petition and whether public interest would be served by a modification of the bifurcated sentence.

DOC 302.41(9) (9) The hearing may be conducted in person, by telephone, videoconferencing or other virtual communication at the discretion of the department.

DOC 302.41(10) (10) The PRC may defer making a decision at the hearing in order to obtain relevant information that may affect the final decision.

DOC 302.41(11) (11) During the hearing, the classification specialist shall summarize the inmate’s petition and case factors being considered.

DOC 302.41(12) (12) The department may consider all of the following in determining if public interest would be served by modification of an inmate’s sentence:

DOC 302.41(12)(a) (a) Risk to the community/public safety.

DOC 302.41(12)(b) (b) Institution adjustment.

DOC 302.41(12)(c) (c) Program participation.

DOC 302.41(12)(d) (d) Impact on department resources.

DOC 302.41(12)(e) (e) Release plan.

DOC 302.41(13) (13) The PRC shall do one of the following:

DOC 302.41(13)(a) (a) Approve the petition and notify the inmate and the sentencing court that public interest would be served by a modification of the bifurcated sentence.

DOC 302.41(13)(b) (b) Deny the petition and notify the inmate that public interest would not be served by a modification of the bifurcated sentence.

DOC 302.41(14) (14) The PRC shall prepare a report containing a summary of the information provided at the hearing.

DOC 302.41(15) (15) The inmate may not file another petition within one year of the date of the denial by the PRC or the sentencing court.