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.
DOC 302.33(4)(a)(a) 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 302.33(4)(b)
(b) Prior to release of an inmate under this section, the department shall notify an enrolled victim that the inmate is to be released.
DOC 302.33(5)
(5) Court notification. When an inmate is within 90 days of release to extended supervision under
sub. (7), the department shall notify the sentencing court that it intends to modify the inmate's sentence and release the inmate to extended supervision or to another sentence. The department shall provide the sentencing court with rationale for its recommendation.
DOC 302.33(6)
(6) Court action. If the court does not schedule a review hearing within 30 days after notification, or the court accepts the department's recommendation, the department may proceed under
sub. (7). If the court issues an order rejecting the department's recommendation, the inmate may not be released under this section. If the court orders the inmate to remain in prison for a period not to exceed the time remaining on the inmate's term of confinement, the department will proceed in accordance with the court order.
DOC 302.33(7)
(7) Release. An inmate under
sub. (1) shall be released to extended supervision or to another sentence when he or she has served the term of confinement in the prison portion of his or her bifurcated sentence, less positive adjustment time earned unless denied by the court.
DOC 302.33(8)
(8) Modification of extended supervision. 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
sub. (7), the term of extended supervision is increased so that the total length of the bifurcated sentence does not change.
DOC 302.33 History
History: EmR0939: emerg. cr. eff. 12-31-09;
CR 09-120: cr.
Register November 2010 No. 659, eff. 12-1-10.
DOC 302.34
DOC 302.34
Positive adjustment time — one for three. DOC 302.34(1)(1)
Eligibility. Inmates who are sentenced under s.
973.01, Stats., for a Class F to Class I felony or a misdemeanor that is not a violent offense, as defined in s.
301.048 (2) (bm) 1., Stats., and who are ineligible for positive adjustment time under s.
302.113 (2) (b), Stats., pursuant to s.
973.01 (3d) (b), Stats., or for a Class F to Class I felony that is a violent offense, as defined in s.
301.048 (2) (bm) 1., Stats., may earn one (1) day of positive adjustment time for every three (3) days served if all of the following apply:
DOC 302.34(1)(b)
(b) The inmate does not neglect or refuse to perform required or assigned duties, including programming and treatment identified by the department.
DOC 302.34(2)
(2) Special consideration. Inmates ineligible for positive adjustment time under
s. DOC 302.33 (1) (a) may be considered for eligibility under this section.
DOC 302.34(3)
(3) Exclusions. This section does not apply to any of the following:
DOC 302.34(3)(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 302.34(3)(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 302.34(3)(e)
(e) An inmate who has, in his or her lifetime, been committed under
ch. 975, Stats.
DOC 302.34(3)(f)
(f) 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 302.34(3)(g)
(g) 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 302.34(3)(h)
(h) An inmate who is serving a sentence for an offense related to ethical government, as defined in s.
939.22 (20m), Stats.
DOC 302.34(4)
(4) Petition for release. An inmate may petition the earned release review commission for release to extended supervision or another sentence under this section as provided in
ch. PAC 1. Procedures for release consideration under this section, including victim notification, are found in
ch. PAC 1.
DOC 302.34(5)
(5) Modification of extended supervision. 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 302.34 History
History: EmR0939: emerg. cr. eff. 12-31-09;
CR 09-120: cr.
Register November 2010 No. 659, eff. 12-1-10.
DOC 302.35
DOC 302.35
Positive adjustment time — one for 5.7. DOC 302.35(1)(1)
Eligibility. Inmates who are sentenced under s.
973.01, Stats., for a Class C to Class E felony may earn one (1) day of positive adjustment time for every 5.7 days served if all of the following apply:
DOC 302.35(1)(b)
(b) The inmate does not neglect or refuse to perform required or assigned duties, including programming and treatment identified by the department.
DOC 302.35(2)
(2) Exclusions. This section does not apply to any of the following:
DOC 302.35(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 302.35(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 302.35(2)(e)
(e) An inmate who has, in his or her lifetime, been committed under
ch. 975, Stats.
DOC 302.35(2)(f)
(f) 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 302.35(2)(g)
(g) An inmate who is serving a sentence for an offense related to ethical government, as defined in s.
939.22 (20m), Stats.
