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DOC 302.34(3)(i) (i) An inmate who is serving a sentence for an offense related to school safety, as defined in s. 939.22 (20s), Stats.
DOC 302.34(3)(j) (j) An inmate who is serving a sentence for a felony murder under s. 940.03, Stats.
DOC 302.34(3)(k) (k) An inmate who is serving a sentence for a violation of s. 940.11 (1), Stats.
DOC 302.34(3)(L) (L) An inmate who is serving a sentence for a violation of s. 940.235, Stats.
DOC 302.34(3)(m) (m) An inmate who is serving a sentence for a violation of s. 940.32 (3), Stats.
DOC 302.34(3)(n) (n) An inmate who is serving a sentence for a violation of s. 941.21, Stats.
DOC 302.34(3)(o) (o) An inmate who is serving a sentence for a violation of s. 946.465, 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)(a) (a) The inmate has not received a major penalty under s. DOC 303.68 (1) on any day counted toward positive adjustment time.
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)(a) (a) An inmate who is the subject of a bulletin issued under s. 301.46 (2m), Stats.
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)(d) (d) An inmate who is required to register under s. 301.45, 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.
DOC 302.35(2)(h) (h) An inmate who is serving a sentence for an offense related to school safety, as defined in s. 939.22 (20s), Stats.
DOC 302.35(2)(i) (i) An inmate who is serving a sentence for a felony murder under s. 940.03, Stats.
DOC 302.35(2)(j) (j) An inmate who is serving a sentence for a violation of s. 940.06, Stats.
DOC 302.35(2)(k) (k) An inmate who is serving a sentence for a violation of s. 940.302, Stats.
DOC 302.35(2)(L) (L) An inmate who is serving a sentence for a violation of s. 940.31 (1), Stats.
DOC 302.35(2)(m) (m) An inmate who is serving a sentence for a violation of s. 948.03 (2) (a), Stats.
DOC 302.35(2)(n) (n) An inmate who is serving a sentence for a violation of s. 948.40 (4) (a), Stats.
DOC 302.35(3) (3)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 302.35(4) (4)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 302.35 History History: EmR0939: emerg. cr. eff. 12-31-09; CR 09-120: cr. Register November 2010 No. 659, eff. 12-1-10.
DOC 302.36 DOC 302.36 Modification of bifurcated sentence after serving 75 percent of confinement time.
DOC 302.36(1) (1)Eligibility. An inmate sentenced under s. 973.01, Stats., for a misdemeanor or for a Class F to Class I felony committed prior to October 1, 2009, and who has not petitioned a sentencing court for a sentence adjustment under s. 973.195 (1r), Stats., for any offense for which he or she is incarcerated may apply for release to extended supervision when he or she has served at least 75% of the term of confinement portion of his or her bifurcated sentence as modified by the sentencing court under s. 302.045 (3m) (b) 1. or 302.05 (3) (c) 2. a., Stats., less any positive adjustment time he or she has earned.
DOC 302.36(2) (2)Exclusion. This section does not apply to 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 302.36(3) (3)Petition for release. An inmate may petition the earned release review commission for release to extended supervision 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 302.36(4) (4)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 302.36 History History: EmR0939: emerg. cr. eff. 12-31-09; CR 09-120: cr. Register November 2010 No. 659, eff. 12-1-10.
DOC 302.37 DOC 302.37 Modification of bifurcated sentence after serving 85 percent of confinement time.
DOC 302.37(1) (1)Eligibility. An inmate sentenced under s. 973.01, Stats., for a Class C to Class E felony committed prior to October 1, 2009, and who has not petitioned a sentencing court for a sentence adjustment under s. 973.195 (1r), Stats., for any offense for which he or she is incarcerated may apply for release to extended supervision when he or she has served at least 85% of the term of confinement portion of his or her bifurcated sentence as modified by the sentencing court under s. 302.045 (3m) (b) 1. or 302.05 (3) (c) 2. a., Stats., less any positive adjustment time he or she has earned.
DOC 302.37(2) (2)Petition for release. An inmate may petition the earned release review commission for release to extended supervision 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 302.37(3) (3)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 302.37 History History: EmR0939: emerg. cr. eff. 12-31-09; CR 09-120: cr. Register November 2010 No. 659, eff. 12-1-10.
DOC 302.38 DOC 302.38 Challenge incarceration program.
DOC 302.38(1)(1) The department shall provide a challenge incarceration program which incorporates manual labor, education, military drill and ceremony, age appropriate strenuous physical activity and rehabilitative programming that is directly related to the inmate's criminal behavior in preparation for release on parole or extended supervision.
DOC 302.38(2) (2) 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 302.38(3) (3) The department or sentencing court shall determine eligibility under one of the following:
DOC 302.38(3)(a) (a) For inmates sentenced for crimes committed on or before December 30, 1999 the department determines eligibility.
DOC 302.38(3)(b) (b) For inmates sentenced for crimes committed on or after December 31, 1999 the sentencing court determines eligibility.
DOC 302.38(4) (4) The department may place an inmate into the challenge incarceration program if the inmate meets all of the following criteria:
DOC 302.38(4)(a) (a) The inmate is determined to be eligible for participation under sub. (3).
DOC 302.38(4)(b) (b) The inmate volunteers to participate in the program and agrees to the rules and regulations of the program.
DOC 302.38(4)(c) (c) The inmate has not attained the age of 40 as of the date the inmate will begin the program.
DOC 302.38(4)(d) (d) The inmate meets physical, medical and psychological criteria required for program participation.
DOC 302.38(4)(e) (e) The department determines, using evidence-based assessments that one of the following applies:
DOC 302.38(4)(e)1. 1. The inmate has a substance abuse treatment need that requires an intensive level of treatment.
DOC 302.38(4)(e)2. 2. The inmate has a substance abuse treatment need that does not require an intensive level of treatment but does require education or outpatient services, and the inmate's substance use is not a key factor in his or her criminal behavior.
DOC 302.38(4)(e)3. 3. The inmate has one or more treatment needs not related to substance abuse that is directly related to his or her criminal behavior.
DOC 302.38(5) (5) The department may restrict participant privileges as necessary to maintain discipline.
DOC 302.38(6) (6) The department shall determine if placement is appropriate and when placement will occur.
DOC 302.38(7) (7) For inmates sentenced for crimes committed on or after December 31, 1999, the department shall determine successful completion of the challenge incarceration program and notify the sentencing court of the successful completion to initiate a modification of the inmate's sentence.
DOC 302.38(8) (8) 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(9) (9) For inmates sentenced for crimes committed before December 31, 1999, the department shall determine successful completion of the rehabilitation program and notify the earned release review commission.
DOC 302.38(10) (10) The department shall provide notice to an enrolled victim prior to an inmate's release under this section.
DOC 302.38 History History: EmR0939: emerg. cr. eff. 12-31-09; CR 09-120: cr. Register November 2010 No. 659, eff. 12-1-10.
DOC 302.39 DOC 302.39 Wisconsin earned release program.
DOC 302.39(1)(1) The department shall provide a rehabilitation program for the purposes of release.
DOC 302.39(2) (2) 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(3) (3) The department or sentencing court shall determine eligibility under one of the following:
DOC 302.39(3)(a) (a) For inmates sentenced for crimes committed before December 31, 1999 the department determines eligibility.
DOC 302.39(3)(b) (b) For inmates sentenced for crimes committed on or after December 31, 1999 the sentencing court determines eligibility.
DOC 302.39(3)(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(4) (4) The department may place an inmate into the Wisconsin earned release program if the inmate meets all the following criteria:
DOC 302.39(4)(a) (a) The inmate is determined to be eligible for participation under sub. (3).
DOC 302.39(4)(b) (b) The inmate volunteers to participate in the program and agrees to the rules and regulations of the program.
DOC 302.39(4)(c) (c) The department determines, using evidence-based assessments that one of the following applies:
DOC 302.39(4)(c)1. 1. The inmate has a substance abuse treatment need that requires an intensive level of treatment.
DOC 302.39(4)(c)2. 2. The inmate has a substance abuse treatment need that does not require an intensive level of treatment but does require education or outpatient services, and the inmate's substance use is not a key factor in his or her criminal behavior.
DOC 302.39(4)(c)3. 3. The inmate has one or more treatment needs not related to substance abuse that is directly related to his or her criminal behavior.
DOC 302.39(5) (5) The department may restrict participant privileges as necessary to maintain discipline.
DOC 302.39(6) (6) The department shall determine if placement is appropriate and when placement will occur.
DOC 302.39(7) (7) For inmates sentenced under s. 973.01, Stats., the department shall determine successful program completion and notify the sentencing court to initiate a modification of the inmate's sentence.
DOC 302.39(8) (8) 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(9) (9) For inmates sentenced for crimes committed before December 31, 1999, the department shall determine successful completion of the rehabilitation program and notify the earned release review commission.
DOC 302.39(10) (10) The department shall provide notice to an enrolled victim prior to an inmate's release under this section.
DOC 302.39 History History: EmR0939: emerg. cr. eff. 12-31-09; CR 09-120: cr. Register November 2010 No. 659, eff. 12-1-10.
DOC 302.40 DOC 302.40 Risk reduction program.
DOC 302.40(1) (1) For inmates ordered to serve a risk reduction sentence, the department shall do all of the following:
DOC 302.40(1)(a) (a) Complete a validated and objective assessment to identify the inmate's criminogenic factors and risk to reoffend.
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