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.

DOC 302.38(3)(f)5. 5. Length of sentence being served.

DOC 302.38(3)(f)6. 6. Length of time in a particular custody classification, overall time served during the current period of incarceration, and time remaining to serve.

DOC 302.38(4) (4) The department may determine participant privileges to support program objectives.

DOC 302.38(5) (5) For inmates sentenced for crimes committed before December 31, 1999, the department shall determine successful completion of the program and notify the parole commission who will parole the inmate for that sentence.

DOC 302.38(6) (6) For inmates sentenced for crimes committed on or after December 31, 1999, the department shall determine successful completion of the program and notify the sentencing court of the successful completion to initiate a modification of the inmate’s sentence. The department shall release the inmate within 6 working days upon receipt of a court order modifying the inmate’s bifurcated sentence.

DOC 302.38(7) (7) The department shall provide notice to an enrolled victim prior to an inmate’s release under this section.

DOC 302.38 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.39 DOC 302.39 Earned release program.

DOC 302.39(1) (1) Inmates 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.

DOC 302.39(2) (2) The department or sentencing court shall determine eligibility for the program under one of the following:

DOC 302.39(2)(a) (a) For inmates sentenced for crimes committed before December 31, 1999, the department determines eligibility.

DOC 302.39(2)(b) (b) For inmates sentenced for crimes committed on or after December 31, 1999, the sentencing court determines eligibility.

DOC 302.39(2)(c) (c) For inmates who are serving a bifurcated sentence and whose sentence was imposed on or after December 31, 1999, but before July 26, 2003, the inmate may petition the sentencing court with the department’s approval to determine eligibility. The inmate shall serve a copy of the petition on the district attorney who prosecuted him or her.

DOC 302.39(3) (3) The department may enroll an inmate in the program if all of the following criteria are met:

DOC 302.39(3)(a) (a) The inmate is determined to be eligible for participation under subs. (1) and (2).

DOC 302.39(3)(b) (b) The inmate volunteers to participate in the program and agrees to the rules and regulations of the program.

DOC 302.39(3)(c) (c) The department determines that inmate has a substance abuse need.

DOC 302.39(3)(d) (d) The department determines the inmate is suitable for the program. In determining suitability, the department may consider any of the following:

DOC 302.39(3)(d)1. 1. Department policy affecting enrollment in the program.

DOC 302.39(3)(d)2. 2. Department resources.

DOC 302.39(3)(d)3. 3. Inmate needs.

DOC 302.39(3)(d)4. 4. Inmate custody assignment.

DOC 302.39(3)(d)5. 5. Length of sentence being served.

DOC 302.39(3)(d)6. 6. Length of time in a particular custody classification, overall time served during the current period of incarceration, and time remaining to serve.

DOC 302.39(4) (4) The department may determine participant privileges to support program objectives.