An inmate may appeal a decision under sub. (4)
to his or her supervisor within 5 days of receipt of notice. The supervisor shall have the authority to amend his or her earlier decision in favor of the inmate within 5 working days of the appeal. If amended, the registrar and the inmate shall receive written notification of the change and the reasons for it. Failure by the supervisor to render a decision within the allowed time shall signify an affirmance of the earlier decision, and the inmate shall be notified of this.
If the supervisor fails to amend his or her earlier decision within the time allowed, the inmate may appeal to the superintendent within 5 working days after that time. If the superintendent fails to render a decision within 5 working days after the appeal, the decision of the supervisor under sub. (10)
is affirmed, and the inmate shall be notified of this.
DOC 302.31 Note
Note: There is no DOC 302.31 (10).
Any question regarding an inmate's eligibility for credit under sub. (1)
shall be referred to the superintendent for resolution.
If an inmate is entitled to extra good time for any fraction of a calendar day, that whole day shall be credited.
An inmate shall earn fractions of one day of extra good time for each day in a status entitling the inmate to credit.
DOC 302.31 History
Cr. Register, May, 1981, No. 305
, eff. 6-1-81; renum. from HSS 302.27, cr. (1), Register, February, 1987, No. 374
, eff. 3-1-87; r. (5) (intro.), renum. (5) (a) to (d) to be (c) to (f), cr. (5) (a) and (b), Register, June, 1989, No. 402
, eff. 7-1-89; correction in (3) (b) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612
Special action release program. DOC 302.32(1)(a)
"Agent of record" or "agent" means the employee of the department's division of probation and parole to whom an inmate is assigned before release under this section.
"Assaultive conduct" means an action inside or outside a correctional institution that results in or is intended to result in physical harm to another. Inside a correctional institution, assaultive conduct may be evidenced by violations of the department's disciplinary rules under ch. DOC 303
, which demonstrate physical harm to another or an intention to physically harm another.
"Department" means the Wisconsin department of corrections.
"Detainer" means a writ or instrument issued or made by a competent officer, directing the keeper of a prison to notify the issuing authority when the named person is about to be released so that the issuing authority may obtain custody of the named person if appropriate.
"Discretionary parole" means release of an inmate from the institution on recommendation of the parole commission under ch. PAC 1
"Mandatory release" means release of an inmate from the institution to supervision as required by s. 302.11
, Stats., if not granted discretionary parole or special action release earlier.
"Parole-eligible" means qualified to be considered for discretionary parole pursuant to s. 304.06
, Stats., and ch. PAC 1
"Secretary" means the secretary of the department or the secretary's designee.
"SAR" or "special action release" means release of an inmate from the institution to parole supervision by decision of the secretary or the secretary's designee prior to mandatory release or a discretionary parole recommended by the parole commission.
"SAR coordinator" means the employee of the department who assembles all documents on an inmate relevant to SAR consideration and submits them to the secretary.
"Social worker" means the institution social worker to whom an inmate is assigned.
The special action release program is intended to relieve crowding in state prisons by releasing select prisoners to parole supervision using a procedure other than mandatory release or a discretionary parole recommended by the parole commission. The program intends to maintain the highest possible levels of public safety commensurate with good correctional practice by basing release determinations on individual differences among inmates, their offenses, their institutional records, and their abilities to comply with the rules of parole and to maintain themselves in open society without engaging in criminal activity.
(3) Eligibility for special action release consideration. DOC 302.32(3)(a)(a)
To be eligible for special action release consideration, an inmate:
Shall have served a minimum of 6 months in the Wisconsin state prison system;
May not have been granted a special action release previously, if the inmate is currently serving time on a new criminal conviction;
May never have had a felony or misdemeanor conviction for an assaultive crime;
May not have a 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:
The inmate is to be released to a structured living arrangement such as a halfway house;
The inmate's age or physical condition makes repeat of the assaultive conduct unlikely;
Shall agree to intensive supervision and any other special conditions the secretary under sub. (7) (a)
or the parole agent under sub. (7) (b)
If he or she is to be supervised in another state, shall be accepted for supervision by that other state.
No special action release may be granted more than 12 months prior to the inmate's mandatory release date.
An inmate in an affected correctional institution may be eligible for SAR consideration without meeting the criteria under pars. (a) 3.
The department is subject to a court order or consent decree entered on or prior to August 24, 1988, which imposes a maximum population capacity for or otherwise requires inmate releases from a correctional institution;
The inmate is not currently serving time on a felony or misdemeanor conviction for an assaultive crime;
The institution social worker or agent of record has reason to believe the inmate will be able to maintain himself or herself in society without engaging in assaultive activity; and
The inmate is not granted a special action release more than 24 months prior to the inmate's mandatory release date.
An inmate who has an active detainer is eligible for SAR consideration without meeting the criteria under par. (a)
if the detainer concerns a sentence imposed in another jurisdiction and the remainder of that sentence is equal to or longer than the remainder 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.
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.
Social workers shall review inmate files assigned to them to identify inmates who may be eligible for SAR consideration. The social worker may contact the agent of record to obtain further information concerning an inmate's eligibility.
If an inmate appears to be eligible for SAR consideration, the social worker in consultation with the inmate shall develop a parole plan which considers the inmate's institutional conduct, the inmate's resources and plans for the inmate's residence and job placement upon release.
The social worker shall send a copy of the parole plan to the agent of record, the SAR coordinator and the social worker's supervisor.
The department shall notify in writing the office of the district attorney which prosecuted the inmate, the court which 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 under par. (c) 1.
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.
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.
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.
The agent shall write a report which shall include the results of the investigation under subds. 1.
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.
The agent shall send a copy of the report under subd. 3.
to the SAR coordinator.
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.
The SAR coordinator shall submit the relevant information to the secretary for consideration.
After reviewing the information about the inmate submitted by the SAR coordinator, the secretary shall decide whether to grant or deny an SAR. The secretary may consider the following factors in deciding whether to grant or deny an SAR:
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;
Any other factors which 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.
If the SAR is granted, the secretary may impose in writing any special conditions that are appropriate.
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.
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.
The conditions that the secretary may impose under sub. (5) (c)
include but are not limited to the following:
A period of intensive supervision which 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 which requires the agent to visit the former inmate's place of residence or employment once a month during the period of intensive supervision;
Requirements for inpatient or outpatient treatment, including treatment for alcohol abuse or other drug abuse;
Requirements for training and participation in other self-improvement programs including job training;
Requirements for the former inmate to make himself or herself available for any tests or searches ordered by the agent, including urinalysis, breathalizer and blood sample tests, or for search of the former inmate's residence, person or any property under his or her control;
Any other specific condition to achieve the purpose of maintaining the former inmate in open society without engaging in criminal activity.
In addition to the rules provided under ch. DOC 328
, the agent may develop additional written rules and specific conditions for the new client's parole supervision to achieve the goals and objectives of supervision under ch. DOC 328
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 new client's parole supervision at any time until discharge from supervision.
A client released under special action release who violates the rules or conditions of his of her supervision is subject to revocation under ch. DOC 331
DOC 302.32 History
Emerg. cr. eff. 4-1-88; emerg. am. eff. 9-8-88; cr. Register, December, 1988, No. 396
, eff. 1-1-89; correction in (1) (e) and (g) and (3) (a) 1. made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462