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)(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)(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)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)(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.

DOC 302.35(6)(6) Prior to release of an inmate under this section, the department shall notify an enrolled victim that the inmate is to be released.

DOC 302.35(7)(7) Upon the inmate’s release, The department shall notify the court and district attorney.

DOC 302.35(8)(8) Release authority. The secretary may release eligible inmates under this section consistent with public safety and reentry goals.

DOC 302.35(9)(9) When an inmate who has served less than the entire confinement time of the sentence imposed under s. 973.01, Stats., is released to extended supervision or to another sentence under this section, the term of extended supervision is increased so that the total length of the bifurcated sentence does not change.

DOC 302.36DOC 302.36 Positive adjustment time. Inmates who are eligible to earn positive adjustment time may petition the sentencing court to adjust the inmate’s sentence under s. 973.198, Stats., in accordance with the following:

DOC 302.36(1)(1) The inmate may petition the sentencing court up to 90 days prior to the completion of the confinement portion less positive adjustment time earned if all of the following criteria are met:

DOC 302.36(1)(b)(b) The inmate earned positive adjustment time under s. 302.113, 2009 Stats., or s. 304.06, 2009 Stats. in accordance with one of the following:

DOC 302.36(1)(b)1.1. The inmate serving a sentence imposed prior to October 1, 2009, for a crime committed after December 30, 1999, may earn positive adjustment time under s. 302.113, 2009 stats., or under s. 304.06, 2009 stats., based on the number of days of positive adjustment time earned between October 1, 2009, and August 3, 2011.