DOC 302.34 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18; correction in (5) (i) made under s. 13.92 (4) (b) 7., Stats., Register October 2018 No. 754.

DOC 302.35 DOC 302.35 Certain earned releases.

DOC 302.35(1) (1) The department may release to extended supervision or to another sentence inmates who are serving the confinement portion of a bifurcated sentence under s. 302.113 (9h), Stats., of 2009, repealed by 2011 Wisconsin Act 38, and who meet all of the following criteria:

DOC 302.35(1)(a) (a) The inmate is serving a confinement portion of a bifurcated sentence for a 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.

DOC 302.35(1)(b) (b) The inmate committed the offense, or was convicted, or sentenced on the offense between October 1, 2009 and August 3, 2011.

DOC 302.35(1)(c) (c) 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.

DOC 302.35(1)(d) (d) The release to extended supervision date is not more than 12 months before the inmate’s extended supervision eligibility date.

DOC 302.35(2) (2) An inmate is not eligible for certain earned release if any of the following apply:

DOC 302.35(2)(a) (a) The inmate is the subject of a bulletin issued under s. 301.46 (2m), Stats.

DOC 302.35(2)(b) (b) The inmate 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.

DOC 302.35(2)(c) (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.

DOC 302.35(2)(d) (d) The inmate is required to register under s. 301.45, Stats.

DOC 302.35(2)(e) (e) The inmate has, in his or her lifetime, been committed under ch. 975, Stats.

DOC 302.35(2)(f) (f) An inmate who is serving, begins to serve, or has served, during his or her current period of confinement, a sentence for a Class A or B felony.

DOC 302.35(2)(g) (g) An inmate who is serving, begins to serve, or has served during his or her current period of confinement a sentence for a felony defined in ch. 940, Stats.

DOC 302.35(3) (3) The department shall consider all of the following when making a decision to release an inmate under this section:

DOC 302.35(3)(a) (a) The inmate meets the eligibility criteria under sub. (1) and is not excluded from consideration under sub. (2).

DOC 302.35(3)(b) (b) The inmate has served sufficient time so that release would not depreciate the seriousness of the offense.

DOC 302.35(3)(c) (c) The inmate has demonstrated satisfactory adjustment in the institution.

DOC 302.35(3)(d) (d) The inmate has not refused or neglected to perform required or assigned duties, including programming and treatment identified by the department.

DOC 302.35(3)(e) (e) The inmate has participated in and has demonstrated sufficient efforts in required or recommended programs which have been made available by demonstrating one of the following:

DOC 302.35(3)(e)1. 1. The inmate has gained maximum benefit from programs.

DOC 302.35(3)(e)2. 2. The inmate can complete programming and treatment in the community without presenting an undue risk.

DOC 302.35(3)(e)3. 3. The inmate has not been able to gain entry into programming and treatment and release would not present an undue risk.

DOC 302.35(3)(f) (f) The inmate has developed an adequate release plan.

DOC 302.35(3)(g) (g) The inmate is subject to a sentence of confinement in another state or is in the United States illegally and may be deported.

DOC 302.35(3)(h) (h) The inmate has reached a point at which the department concludes that release would not pose an unreasonable risk to the public and would be in the interests of justice.

DOC 302.35(4) (4) Release to detainer. An inmate who has an active detainer is eligible for certain earned release consideration without meeting the criteria under sub. (1) (a) and (b) if the detainer concerns a sentence imposed in another jurisdiction and the remainder of the confinement portion of that sentence is equal to or longer than the remainder of the confinement portion 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.

DOC 302.35(5) (5) Prior to its decision to recommend release of an inmate under this section, the department shall notify an enrolled victim for the purpose of giving the victim the opportunity of providing input.