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.
Hearing information
Date and Time Location
February 23, 2010 Conference Room 116
10:00 a.m. State Office Building
819 North 6th Street
Milwaukee, Wisconsin
February 23, 2010 Yahara Conference Rm., 1st Floor
2:30 p.m. Department of Administration
101 East Wilson Street
Madison, Wisconsin
The public hearing sites are accessible to people with disabilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please contact Kathryn Anderson, DOC, P.O. Box 7925, Madison, WI 53707-7925, email kathryn.anderson@ wisconsin.gov, telephone (608) 240-5049 by February 15, 2010.
Appearances at the Hearing and Submission of Written Comments
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Written comments on the proposed rule will be accepted into the record and receive the same consideration as testimony presented at the hearing if they are received by Friday, March 5, 2010. Written comments should be addressed to: Kathryn R. Anderson, DOC, P.O. Box 7925, Madison, WI 53707-7925, or by email kathryn.anderson@ wisconsin.gov.
Analysis Prepared by Wisconsin Earned Release Review Commission
Statutes interpreted
Section
302.1135, Stats, as created by
2009 WI Act 28, ss.
2729j – 2738 and 2739d – 2739j, and ch.
304, Stats., and s.
304.06 (1) (bg) 1.,
2.,
3., and
4., as created by
2009 WI Act 28, s.
2751
Statutory authority
Explanation of agency authority
The Earned Release Review Commission (formerly the Parole Commission) has the authority to promulgate rules which govern its procedures for considering inmate petitions for release. This rule updates the current rule (PAC 1) to reflect changes in procedures, practice, and the law.
Under s.
302.1135, Stats, as created by
2009 WI Act 28, ss.
2729j – 2738 and 2739d – 2739j, the Earned Release Review Commission (formerly the Parole Commission) has the authority to consider inmate petitions for release due to age or extraordinary health condition. This rule sets forth the procedure which the ERRC will follow in reviewing these petitions.
Under s.
304.06 (1) (bg) 1. and
2., as created by
2009 WI Act 28, s.
2751, the Earned Release Review Commission has the authority to consider inmate petitions requesting release to extended supervision after having served the term of confinement of his or her bifurcated sentence less positive adjustment time he or she has earned. This rule sets forth the procedure which the ERRC will follow in reviewing these petitions.
Under s.
304.06 (1) (bg) 3. and
4., as created by
2009 WI Act 28, s.
2751, the Earned Release Review Commission has the authority to consider inmate petitions requesting release to extended supervision after having served either 75% or 85% of his or her term of confinement, depending on the offense for which the inmate was sentenced. This rule sets forth the procedure which the ERRC will follow in reviewing these petitions.
Related statute or rule
Plain language analysis
The emergency rule and the proposed permanent rule:
1.
Revises s.
PAC 1.02, Purpose, to more clearly state the purpose of the rule chapter is to set forth the procedures under which the Earned Release Review Commission (formerly Parole Commission) operates.
2.
Updated terminology and phrasing throughout the rule to reflect the responsibility of the commission for parole and other release mechanisms under
2009 Act 28.
3. Added definitions for the following terms: denial, extended supervision, extraordinary health condition, file review, informational deferral, no action, and presumptive mandatory release.
4.
Moved the definition of “direct input," which had previously been in s.
PAC 1.06 (9) (c) to the definition section.
5.
Modified the term “member of the family" to “family member" and included domestic partners under ch.
770, Stats., in the definition of covered persons.
6.
Modified definitions to include reference to
2009 Act 29 release mechanisms. Specifically, “parole grant" became “parole grant or release order," and “parole eligible" became “parole or release eligible," and “parole consideration" became “release consideration."
7.
Clarified the purpose of release consideration in s.
PAC 1.04.
8.
Modified s.
PAC 1.05 to address the commission's authority to consider parole eligibility or release eligibility for inmates depending on the date on which the offense for which they were convicted was committed, including those eligible for early release to extended supervision.
