1.
The person is serving the confinement portion of a bifurcated sentence for a misdemeanor or a class F to I felony that is not a violent offense as defined in s.
301.048(2)(bm)1.
2. The prison social worker or ES agent of record has reason to believe that the person will be able to maintain himself/herself while not confined without engaging in assaultive activity.
3. The release to extended supervision date is not more than 12 months before the person's extended supervision eligibility date.
The Department is unable to estimate the number of offenders who may be released early to ES or the fiscal impact resulting from these releases. It is assumed that there will be a reduction in incarceration costs and an increase in extended supervision costs under the new statutory language.
The Department also anticipates an increase in workload to the department for Social Workers, the Records Office, Probation & Parole Agents and Supervisory Staff. At this time a fiscal impact cannot be estimated for the increased workload or the number of staff needed to accomplish the additional duties required for Certain Early Release offenders.
State fiscal effect
Decrease costs.
Text of Emergency Rule and Proposed Permanent Rule
SECTION 1. Section
DOC 302.03 (1d),
(1h),
(1p),
(1t),
(7m),
(9m),
(12m),
(15g),
(15r),
(17m), and
(18m) is created to read:
(1d) “Administrator" means the administrator of the division of adult institutions.
(1p) “Assaultive activity" means an action that results in or is intended to result in physical harm to another.
(1t) “Certain early release" means the release of an inmate from the institution to extended supervision by decision of the secretary or secretary's designee prior to the completion of the confinement portion of a bifurcated sentence.
(7m) “Detainer" means a writ or other legal instrument issued by a competent officer, directing the warden or superintendent of a correctional facility 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.
(9m) “Extended supervision" means the portion of a bifurcated sentence to be served under the supervision of the department.
(12m) “Positive adjustment time" means a period of time measured in days that can be earned to reduce an inmate's period of confinement.
(15g) “Projected extended supervision date" means the date that an inmate who is serving a bifurcated sentence is eligible for early release under s.
302.113 (2) (b) and
304.06 (1) (bg) 1. and
2., Stats.
(15r) “Risk eligibility date" means the date that an inmate who is serving a risk reduction sentence under s.
973.031, Stats., has served 75% of their confinement time.
(17m) “Social worker" means the institution social worker to whom an inmate is assigned.
(18m) “Victim" has the meaning given in s.
950.02(4), Stats.
SECTION 2. DOC 302.18 is repealed and recreated to read:
DOC 302.18 Administrative Review of a Classification Decision. (1) Within 10 calendar days of an inmate's receipt of a written decision concerning custody, institution placement, program need, or treatment need, the inmate may request a review of the decision under DOC 302.13 (2) or DOC 302.17 (8) if the inmate believes that the decision was based on erroneous information.
(2) Denial of a request for a classification review under s.
DOC 302.17 (11) is not subject to review under this section.
(3) The inmate shall submit a request for review under this section on a form approved by the department.
(4) The review shall be completed by one of the following:
(5) The director or administrator shall respond within a reasonable period of time, following receipt of the administrative review request.
(6) The decision under sub. (5) is final.
DOC 302.33 Positive adjustment time--one for two. (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 (1) day of positive adjustment time for every two (2) days served if all of the following apply:
(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, they may be reviewed for eligibility under 302.34;
(b) the inmate has not received a major penalty under s.
DOC 303.68 (1); and
(c) the inmate does not neglect or refuse to perform required or assigned duties.
(2) EXCLUSIONS. Notwithstanding sub. (1), this subsection does not apply to any of the following:
(a) An inmate who is the subject of a bulletin issued under s.
301.46 (2m), Stats.
(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.
(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.
(d) An inmate who is required to register under s.
301.45, Stats.
(e) An inmate who has, in his or her lifetime, been committed under ch.
975, Stats.
(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.
(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.
(i) An inmate who is ineligible for positive adjustment time under this paragraph pursuant to s.
973.01 (3d) (b), Stats.
(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.
(k) An inmate who is serving a sentence for an offense related to ethical government, as defined in s.
939.22 (20m), Stats.
(L) An inmate who is serving a sentence for an offense related to school safety, as defined in s.
939.22 (20s), Stats.
(m) An inmate who is serving a sentence for a felony murder under s.
940.03, Stats.
(n) An inmate who is serving a sentence for a violation of s.
940.11 (1), Stats.
(o) An inmate who is serving a sentence for a violation of s.
940.235, Stats.
(p) An inmate who is serving a sentence for a violation of s.
940.32 (3), Stats.
(q) An inmate who is serving a sentence for a violation of s.
941.21, Stats.
(r) An inmate who is serving a sentence for a violation of s.
946.465, Stats.
(3) NOTIFICATION TO COURT. When an inmate is within 90 days of release to extended supervision under sub. (5), the department shall notify the sentencing court that it intends to modify the inmate's sentence and release the inmate to extended supervision. As part of its notification, the department shall provide the court with a copy of the objective risk instrument and conduct record.
(4) COURT ACTION. If the court does not schedule a review hearing within 30 days after notification, or the court accepts the department's recommendation following a hearing, the department may proceed under sub. (5). If the court issues an order denying the department's recommendation, the inmate will not be released under this section.
(5) RELEASE. An inmate under sub. (1) shall be released to extended supervision 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.
(6) 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 under sub. (5), the term of extended supervision is increased so that the total length of the bifurcated sentence does not change.
302.34 Positive adjustment time--one for three. (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 is 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:
(a) the department has determined the inmate is not at a high risk of reoffending;
(b) the inmate has not received a major penalty under s.
DOC 303.68 (1); and
(c) the inmate does not neglect or refuse to perform required or assigned duties.
(2) SPECIAL CONSIDERATION. Inmates ineligible for positive adjustment time under DOC 302.33 (1) (a) may be considered for eligibility under this section.
(3) EXCLUSIONS. This section does not apply to any of the following:
(a) An inmate who is the subject of a bulletin issued under s.
301.46 (2m), Stats.
(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.
(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.
(d) An inmate who is required to register under s.
301.45, Stats.
(e) An inmate who has, in his or her lifetime, been committed under ch.
975, Stats.
(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.
(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.
(h) An inmate who is serving a sentence for an offense related to ethical government, as defined in s.
939.22 (20m), Stats.
(i) An inmate who is serving a sentence for an offense related to school safety, as defined in s.
939.22 (20s), Stats.
(j) An inmate who is serving a sentence for a felony murder under s.
940.03, Stats.
(k) An inmate who is serving a sentence for a violation of s.
940.11 (1), Stats.
(L) An inmate who is serving a sentence for a violation of s.
940.235, Stats.
(m) An inmate who is serving a sentence for a violation of s.
940.32 (3), Stats.
(n) An inmate who is serving a sentence for a violation of s.
941.21, Stats.
(o) An inmate who is serving a sentence for a violation of s.
946.465, Stats.
(4) PETITION FOR RELEASE. An inmate may petition the earned release review commission for release to extended supervision under PAC 1.
DOC.302.35 Positive adjustment time--one for 5.7. (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:
(a) the department has determined the inmate is not at a high risk of reoffending;
(b) the inmate has not received a major penalty under s.
DOC 303.68 (1); and
(c) the inmate does not neglect or refuse to perform required or assigned duties.
(2) EXCLUSIONS. This section does not apply to any of the following:
(a) An inmate who is the subject of a bulletin issued under s.
301.46 (2m), Stats.
(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.
(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.
(d) An inmate who is required to register under s.
301.45, Stats.
(e) An inmate who has, in his or her lifetime, been committed under ch.
975, Stats.
