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 302.36 HistoryHistory: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.
DOC 302.37DOC 302.37Sentence adjustment.
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.
DOC 302.37 HistoryHistory: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.
DOC 302.38DOC 302.38Challenge incarceration program.
DOC 302.38(1)(1)Inmates who are convicted of a crime specified in ch. 940, Stats., or s. 948.02, 948.025, 948.03, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095, Stats., are excluded from eligibility for the challenge incarceration program.
DOC 302.38(2)(2)The department or sentencing court shall determine eligibility under one of the following:
DOC 302.38(2)(a)(a) For inmates sentenced for crimes committed before December 31, 1999, the department determines eligibility.
DOC 302.38(2)(b)(b) For inmates sentenced for crimes committed on or after December 31, 1999, the sentencing court determines eligibility.
DOC 302.38(3)(3)The department may enroll an inmate in the program if all of the following criteria are met:
DOC 302.38(3)(a)(a) The inmate is determined to be eligible for participation under subs. (1) and (2).
DOC 302.38(3)(b)(b) The inmate has not attained the age of 40 on the date of program entry if sentenced on or after July 26, 2003 or the inmate has not attained the age of 30 on the date of program entry if sentenced before July 26, 2003.
DOC 302.38(3)(c)(c) The inmate volunteers to participate in the program and agrees to the rules and regulations of the program.
DOC 302.38(3)(d)(d) The inmate meets department determined physical, medical, and psychological criteria required for program participation.
DOC 302.38(3)(e)(e) The department determines the inmate has a substance abuse need.
DOC 302.38(3)(f)(f) The department determines the inmate is suitable for the program. In determining suitability, the department may consider any of the following:
DOC 302.38(3)(f)1.1. Department policy affecting enrollment in the program.
DOC 302.38(3)(f)2.2. Department resources.
DOC 302.38(3)(f)3.3. Inmate needs.
DOC 302.38(3)(f)4.4. Inmate custody assignment.