DOC 302.32(3)(c)1.
1. 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;
DOC 302.32(3)(c)2.
2. The inmate is not currently serving time on a felony or misdemeanor conviction for an assaultive crime;
DOC 302.32(3)(c)3.
3. 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
DOC 302.32(3)(c)4.
4. The inmate is not granted a special action release more than 24 months prior to the inmate's mandatory release date.
DOC 302.32(3)(d)
(d) 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.
DOC 302.32(3)(e)
(e) 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 302.32(4)(a)1.1. 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.
DOC 302.32(4)(a)2.
2. 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.
DOC 302.32(4)(a)3.
3. 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.
DOC 302.32(4)(a)4.
4. 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.
DOC 302.32(4)(b)1.1. 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 302.32(4)(b)2.
2. 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 302.32(4)(b)3.
3. The agent shall write a report which shall include the results of the investigation under
subds. 1. and
2. 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 302.32(4)(b)4.
4. The agent shall send a copy of the report under
subd. 3. to the SAR coordinator.
DOC 302.32(4)(c)1.1. 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 302.32(4)(c)2.
2. The SAR coordinator shall submit the relevant information to the secretary for consideration.
DOC 302.32(5)(a)(a) 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:
DOC 302.32(5)(a)2.
2. 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 302.32(5)(a)7.
7. 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.
DOC 302.32(5)(c)
(c) If the SAR is granted, the secretary may impose in writing any special conditions that are appropriate.
DOC 302.32(5)(d)
(d) 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 302.32(6)
(6) Notification. 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 302.32(7)(a)(a) The conditions that the secretary may impose under
sub. (5) (c) include but are not limited to the following:
DOC 302.32(7)(a)1.
1. 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;
DOC 302.32(7)(a)7.
7. Requirements for inpatient or outpatient treatment, including treatment for alcohol abuse or other drug abuse;
DOC 302.32(7)(a)8.
8. Requirements for training and participation in other self-improvement programs including job training;
DOC 302.32(7)(a)9.
9. 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;
DOC 302.32(7)(a)11.
11. Any other specific condition to achieve the purpose of maintaining the former inmate in open society without engaging in criminal activity.
DOC 302.32(7)(b)
(b) 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.
DOC 302.32(7)(c)
(c) 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.
DOC 302.32(7)(d)
(d) 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 procedures.
DOC 302.32 History
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.
DOC 302.33
DOC 302.33
Positive adjustment time — one for two. DOC 302.33(1)(1)
Eligibility. Inmates who are sentenced under s.
973.01, Stats., for a misdemeanor or for a Class F to Class I felony that is not a violent offense, as defined in s.
301.048 (2) (bm) 1., Stats., may earn one day of positive adjustment time for every two days served if all of the following apply:
DOC 302.33(1)(a)
(a) The department has determined the inmate is not at a high risk of reoffending. If an inmate is determined to be at a high risk to reoffend, the inmate may be reviewed for eligibility under
s. DOC 302.34.
DOC 302.33(1)(c)
(c) The inmate does not neglect or refuse to perform required or assigned duties, including programming and treatment identified by the department.
DOC 302.33(2)
(2) Exclusions. Notwithstanding
sub. (1), this section does not apply to any of the following:
DOC 302.33(2)(b)
(b) An inmate who 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 302.33(2)(c)
(c) An inmate who 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 302.33(2)(e)
(e) An inmate who has, in his or her lifetime, been committed under
ch. 975, Stats.
DOC 302.33(2)(g)
(g) An inmate who is serving, begins to serve, or who has served during his or her current period of confinement, a sentence for a Class F to Class I felony that is a violent offense, as defined in s.
301.048 (2) (bm) 1., Stats.
DOC 302.33(2)(h)
(h) An inmate who is serving, begins to serve, or who has served during his or her current period of confinement, a sentence for a Class C to Class E felony.
DOC 302.33(2)(j)
(j) An inmate who is serving a sentence for an offense against an elderly or vulnerable person, as defined in s.
939.22 (20d), Stats.
DOC 302.33(2)(k)
(k) An inmate who is serving a sentence for an offense related to ethical government, as defined in s.
939.22 (20m), Stats.
DOC 302.33(2)(s)
(s) 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 302.33(2)(t)
(t) 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 302.33(3)
(3) Criteria considered for release. The department shall consider all of the following when making a decision to release an inmate under this section:
DOC 302.33(3)(a)
(a) The inmate meets the eligibility criteria under
sub. (1) and is not excluded from consideration under
sub. (2).
DOC 302.33(3)(b)
(b) The inmate has served sufficient time so that release would not depreciate the seriousness of the offense.
DOC 302.33(3)(c)
(c) The inmate has demonstrated satisfactory adjustment in the institution.
DOC 302.33(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 302.33(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 302.33(3)(e)2.
2. The inmate can complete programming and treatment in the community without presenting an undue risk.
DOC 302.33(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 302.33(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 302.33(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.
