DOC 302.34(3)(3) An inmate is eligible for special action release to parole supervision without meeting the eligibility criteria of sub. (2) if all of the following conditions are met:

DOC 302.34(3)(a)(a) The inmate population equals or exceeds the statewide inmate population limit promulgated by rule under s. 301.055, stats.

DOC 302.34(3)(b)(b) The inmate is not currently incarcerated regarding a felony conviction for an assaultive crime.

DOC 302.34(3)(c)(c) The institution social worker or the agent has reason to believe the inmate will be able to maintain himself or herself in society without engaging in assaultive activity.

DOC 302.34(3)(d)(d) The inmate is not granted a special action release more than 18 months before their expected release date under s. 302.11, stats.

DOC 302.34(3)(e)(e) The inmate is eligible for release under s. 304.06 (1) (b), Stats.

DOC 302.34(4)(4) An inmate may waive eligibility for SAR consideration at any time by notifying the institution social worker, except that an inmate who has an active detainer may not waive eligibility for SAR consideration. To reestablish eligibility following a waiver, the inmate shall notify the institution social worker that the inmate no longer waives eligibility for SAR consideration.

DOC 302.34(5)(a)(a) The social worker shall review inmate files to identify inmates who may be eligible for SAR consideration. The social worker may contact the agent to obtain further information concerning an inmate’s eligibility.

DOC 302.34(5)(b)(b) If an inmate appears to be eligible for SAR consideration, the social worker in consultation with the inmate shall develop a parole plan that considers the inmate’s institutional conduct, the inmate’s resources, and plans for the inmate’s residence and job placement upon release.

DOC 302.34(5)(c)(c) The social worker shall send a copy of the parole plan to the agent, the SAR coordinator, and the social worker’s supervisor.

DOC 302.34(5)(d)(d) The department shall notify in writing the office of the district attorney that prosecuted the inmate, the court that sentenced the inmate, and the victim of the crime committed by the inmate, if the victim submits a card under s. 304.06 (1) (f), Stats., that the inmate is being considered for SAR. The notice shall advise the district attorney, court, and the victim that they are permitted to submit written comments regarding the proposed release, which will be placed in the special action release record developed by the SAR coordinator for the secretary. The notice shall be mailed at least 21 days before the secretary under sub. (5) makes a decision concerning the release of the inmate.

DOC 302.34(5)(e)(e) Upon receipt of the parole plan from the social worker, the agent shall carry out an investigation to determine if the plan is appropriate and shall include in that investigation assessments of the inmate’s proposed residence, employment, and community treatment plans.

DOC 302.34(5)(f)(f) If the plan is not appropriate, the agent shall suggest alternatives to the inmate and social worker and attempt to develop an acceptable plan in consultation with the inmate and social worker.

DOC 302.34(5)(g)(g) In addition to the rules provided under ch. DOC 328, the agent may develop additional written rules and specific conditions for the inmate’s parole supervision to achieve the goals and objectives of supervision under ch. DOC 328.

DOC 302.34(5)(h)(h) The agent shall write a report that shall include the results of the agent’s investigation. The report shall address probable reaction to the inmate in the community where the inmate proposes to reside and shall contain other relevant information that is not available to the institution.

DOC 302.34(5)(i)(i) The agent shall send a copy of the report under par. (h) to the SAR coordinator.

DOC 302.34(5)(j)(j) The SAR coordinator shall assemble all relevant documents on an inmate, including the inmate’s parole plan, the agent’s report, any comments received from the district attorney’s office, judge, or victim, a summary of the inmate’s arrests and convictions, reasons why the parole commission denied parole, if applicable, and any other relevant information requested by the secretary.

DOC 302.34(5)(k)(k) The SAR coordinator shall submit the relevant information to the secretary for consideration.

DOC 302.34(6)(a)(a) Parole eligibility.

DOC 302.34(6)(b)(b) The inmate’s criminal record, the nature of the offense of which the inmate was convicted, and any known history of assaultive conduct outside a correctional institution.