DOC 302.34(2)(d) (d) Not have been previously granted a special action release under this section if currently serving time on a new criminal conviction.

DOC 302.34(2)(e) (e) Have served a minimum of 6 months in the Wisconsin prison system.

DOC 302.34(2)(f) (f) Be within 18 months of mandatory release on the date of the special action release.

DOC 302.34(2)(g) (g) Never have had a felony or misdemeanor conviction for an assaultive crime.

DOC 302.34(2)(h) (h) Have no known history of assaultive conduct inside or outside of a correctional institution, except that an inmate who has a known history of assaultive conduct that did not result in a conviction may be considered for special action release if one of the following applies:

DOC 302.34(2)(h)1. 1. The conduct occurred more than 5 years prior to SAR review by the social worker under sub. (5).

DOC 302.34(2)(h)2. 2. The inmate acted in self-defense or defense of property.

DOC 302.34(2)(h)3. 3. The inmate is to be released to a structured living arrangement such as a halfway house.

DOC 302.34(2)(h)4. 4. The inmate’s conduct was an isolated incident not likely to be repeated.

DOC 302.34(2)(h)5. 5. The inmate’s age or physical condition makes repeat of the assaultive conduct unlikely.

DOC 302.34(2)(i) (i) If an active detainer exists in another jurisdiction, the remainder of that sentence is equal to or longer than the remainder of the Wisconsin sentence and the jurisdiction issuing the detainer intends to obtain custody of the inmate immediately upon release.

DOC 302.34(2)(j) (j) Have an approved parole plan.

DOC 302.34(2)(k) (k) If to be supervised in another state, shall be accepted for supervision by that other state.

DOC 302.34(2)(L) (L) Agrees to intensive supervision and any other special conditions the agent or secretary may impose.

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) (5) The following steps shall be taken in preparing an SAR referral:

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.