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.

DOC 302.36(1)(b)2.2. The inmate serving a sentence for a crime committed, conviction entered, or sentence imposed between October 1, 2009, and August 3, 2011, 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 discharge from the sentence.

DOC 302.36(1)(c)(c) The inmate served the confinement portion of their sentence less positive adjustment time earned.

DOC 302.36(2)(2) If the court determines that the inmate has earned positive adjustment time, the court may reduce the term of confinement in prison by the amount of time remaining in the term of confinement in prison portion of the sentence by the number of positive adjustment time earned, less up to 30 days, and shall lengthen the term of extended supervision so that the total length of the bifurcated sentence originally imposed does not change.

DOC 302.36(3)(3) An inmate who files a petition under sub. (1) shall be released to extended supervision or to another sentence only as determined and approved by the court.

DOC 302.36(4)(4) If an inmate is subject to more than one sentence imposed under this section, the sentences shall be treated individually.

DOC 302.37(1)(1) Except as provided in s. 973.198, Stats., an inmate may petition the sentencing court to adjust the sentence if the following criteria are met:

DOC 302.37(1)(a)(a) The inmate is serving a sentence imposed under s. 973.01, Stats., for a crime other than a Class B felony.

DOC 302.37(1)(b)(b) The inmate served at least the applicable percentage of the term of confinement in prison portion of the sentence.

DOC 302.37(2)(2) If the court determines that the inmate has served at least the applicable percentage of the term of confinement in prison portion of the sentence, the court may reduce the term of confinement in prison by the amount of time remaining in the term of confinement in prison portion of the sentence, less up to 30 days and shall lengthen the term of extended supervision so that the total length of the bifurcated sentence originally imposed does not change.

DOC 302.37(3)(3) The court may reduce the length of the term of extended supervision under s. 973.195 (1r) (h), Stats.

DOC 302.37(4)(4) If an inmate is subject to more than one sentence imposed under this section, the sentences shall be treated individually.