(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 a sentence for an offense against an elderly or vulnerable person, as defined in s.
939.22 (20d), Stats.
(g) An inmate who is serving a sentence for an offense related to ethical government, as defined in s.
939.22 (20m), Stats.
(h) An inmate who is serving a sentence for an offense related to school safety, as defined in s.
939.22 (20s), Stats.
(i) An inmate who is serving a sentence for a felony murder under s.
940.03, Stats.
(j) An inmate who is serving a sentence for a violation of s.
940.06, Stats.
(k) An inmate who is serving a sentence for a violation of s.
940.302, Stats.
(L) An inmate who is serving a sentence for a violation of s.
940.31 (1), Stats.
(m) An inmate who is serving a sentence for a violation of s.
948.03 (2) (a), Stats.
(n) An inmate who is serving a sentence for a violation of s.
948.40 (4) (a), Stats.
(3) PETITION FOR RELEASE. An inmate may petition the earned release review commission for release to extended supervision under PAC 1.
DOC 302.36 Modification of bifurcated sentence after serving 75 percent of confinement time. (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.
(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.
(3) PETITION FOR RELEASE. An inmate may petition the earned release review commission for release to extended supervision under PAC 1.
DOC 302.37 Modification of bifurcated sentence after serving 85 percent of confinement time. (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.
(2) PETITION FOR RELEASE. An inmate may petition the earned release review commission for release to extended supervision under PAC 1.
DOC 302.38 Challenge Incarceration Program. (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.
(2) Inmate's 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.
(3) The department or sentencing court shall determine eligibility under one of the following:
(a) For inmates sentenced for crimes committed on or before December 30, 1999 the department determines eligibility.
(b) For inmates sentenced for crimes committed on or after December 31, 1999 the sentencing court determines eligibility.
(4) The department may place an inmate into the challenge incarceration program if the inmate meets all of the following criteria:
(a) The inmate is determined to be eligible for participation under sub. (3);
(b) The inmate volunteers to participate in the program and agrees to the rules and regulations of the program;
(c) The inmate has not attained the age of 40 as of the date the inmate will begin the program;
(d) The inmate meets physical, medical and psychological criteria required for program participation; and
(e) The department determines, using evidence-based assessments that one of the following applies:
1. The inmate has a substance abuse treatment need that requires an intensive level of treatment;
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 inmates substance use is not a key factor in his or her criminal behavior; or
3. The inmate has one or more treatment needs not related to substance abuse that is directly related to his or her criminal behavior
(5) The department may restrict participant privileges as necessary to maintain discipline.
(6) The department will determine if placement is appropriate and when placement will occur.
(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.
(8) The department shall release the inmate within 6 working days upon receipt of a court order modifying the inmate's bifurcated sentence.
(9) For inmates sentenced for crimes committed before December 31, 1999, the department will determine successful completion of the rehabilitation program and notify the earned release review commission.
DOC 302.39 Wisconsin earned release program. (1) The department shall provide a rehabilitation program for the purposes of release.
(2) Inmate's 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.
(3) The department or sentencing court shall determine eligibility under one of the following:
(a) For inmates sentenced for crimes committed on or before December 30, 1999 the department determines eligibility.
(b) For inmates sentenced for crimes committed on or after December 31, 1999 the sentencing court determines eligibility.
(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.
(4) The department may place an inmate into the Wisconsin earned release program if the inmate meets all the following criteria:
(a) The inmate is determined to be eligible for participation under sub. (3);
(b) The inmate volunteers to participate in the program and agrees to the rules and regulations of the program; and
(c) The department determines, using evidence-based assessments that one of the following applies:
1. The inmate has a substance abuse treatment need that requires an intensive level of treatment.
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 inmates substance use is not a key factor in his or her criminal behavior.
3. The inmate has one or more treatment needs not related to substance abuse that is directly related to his or her criminal behavior.
(5) The department may restrict participant privileges as necessary to maintain discipline.
(6) The department will determine if placement is appropriate and when placement will occur
(7) For inmates sentenced for crimes committed after December 31, 1999, the department shall determine successful program completion and notify the sentencing court to initiate a modification of the inmate's sentence.
(8) The department shall release the inmate within 6 working days upon receipt of a court order modifying the inmate's bifurcated sentence.
(9) For inmates sentenced for crimes committed before December 31, 1999, the department will determine successful completion of the rehabilitation program and notify the earned release review commission.
DOC 302.40 Risk Reduction Program. (1) The department shall identify inmates who are sentenced under a risk reduction sentence under s.
973.031, Stats., for a felony under s.
973.01, Stats. For inmates sentenced under a risk reduction sentence the department shall do all of the following:
(a) Complete a validated and objective assessment to identify his or her criminogenic factors and risk to reoffend;
(b) Create a risk reduction plan that is designed to reduce the inmate's risk of reoffending; and
(c) Monitor and review the progress made towards completion of the risk reduction plan. The plan may be modified if programming is unavailable or a new program need is identified.
(2) The department shall determine if an inmate has completed the risk reduction program by review of the following:
(a) Conduct; and
(b) Participation in the program needs identified in the risk reduction plan
(3) The department may rescind or withhold a determination regarding the completion of the risk reduction plan based misconduct or failure to complete components of the risk reduction plan.
(4) If the department determines that the risk reduction plan has been completed, the department will notify the sentencing court, and the office of victim services.
(5) The department shall release an inmate to extended supervision on or after their risk eligibility date when they have completed the risk reduction program pursuant to sub. (2).
DOC 302.41 Certain early releases under s. 302.113 (9h), Stats. (1) ELIGIBILITY. The department may release to extended supervision under s.
302.113 (9h), Stats., certain persons serving the confinement portion of a bifurcated sentence and who meet all of the following conditions:
(a) The inmate is serving a confinement portion of a bifurcated sentence for misdemeanor or a Class F to Class I felony that is not a violent offense, as defined in s.
301.048 (2) (bm) 1., Stats.;
(b) The social worker or agent has reason to believe that the inmate will be able to maintain himself or herself while on extended supervision without engaging in assaultive activity.; and
(c) The release to extended supervision date is not more than 12 months before the inmate's extended supervision eligibility date.
(2) EXCLUSIONS. An inmate is not eligible for certain early release if any of the following apply:
(a) The inmate is the subject of a bulletin issued under s.
301.46 (2m), Stats.
(b) The inmate has, in his or her lifetime, been convicted of or found guilty by reason of mental disease or defect of a sex offense, as defined in s.
301.45 (1d) (b), Stats.
(c) The inmate 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) The inmate is required to register under s.
301.45, Stats.
(e) The inmate has, in his or her lifetime, been committed under ch.
975, Stats.
(3) RELEASE TO DETAINER. An inmate who has an active detainer is eligible for certain early release consideration without meeting the criteria under par. (1) (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.
(4) NOTIFICATION. The department shall notify the victim before a release decision. The department shall notify the court and district attorney upon the inmate's release.
(5) RELEASE AUTHORITY. The secretary may release eligible inmates under this section consistent with public safety and reentry goals.
Agency Contact Person
Kathryn R. Anderson, Chief Legal Counsel
Department of Corrections
3099 East Washington Avenue, P.O. Box 7925
Madison, WI 53707-7925
Phone: (608) 240-5049; FAX (608) 240-3306
Notice of Hearing
Earned Release Review Commission
(Formerly Parole Commission)
NOTICE IS HEREBY GIVEN that pursuant to section
227.11 (2), Stats., the Wisconsin Earned Release Review Commission will hold public hearings to consider emergency rules and proposed permanent rules revising Chapter
PAC 1, relating to the release of inmates from state prison through parole or other procedures established under
2009 Wis. Act 28.
