Section DOC 302.35 - Certain earned releases(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inmates who are serving the confinement portion of a bifurcated sentence under s. 302.113(9h), Stats., of 2009, repealed by 2011 Wisconsin Act 38, and who meet all of the following criteria: (a) The inmate is serving a confinement portion of a bifurcated sentence for a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.(b) The inmate committed the offense, or was convicted, or sentenced on the offense between October 1, 2009 and August 3, 2011.(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.(d) The release to extended supervision date is not more than 12 months before the inmate's extended supervision eligibility date.(2) An inmate is not eligible for certain earned release if any of the following apply: (a) The inmate is the subject of a bulletin issued under s. 301.46(2m), Stats.(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.(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.(d) The inmate is required to register under s. 301.45, Stats.(e) The inmate has, in his or her lifetime, been committed under ch. 975, Stats.(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.(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.(3) The department shall consider all of the following when making a decision to release an inmate under this section:. (a) The inmate meets the eligibility criteria under sub. (1) and is not excluded from consideration under sub. (2).(b) The inmate has served sufficient time so that release would not depreciate the seriousness of the offense.(c) The inmate has demonstrated satisfactory adjustment in the institution.(d) The inmate has not refused or neglected to perform required or assigned duties, including programming and treatment identified by the department.(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: 1. The inmate has gained maximum benefit from programs.2. The inmate can complete programming and treatment in the community without presenting an undue risk.3. The inmate has not been able to gain entry into programming and treatment and release would not present an undue risk.(f) The inmate has developed an adequate release plan.(g) The inmate is subject to a sentence of confinement in another state or is in the United States illegally and may be deported.(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.(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.(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.(6) Prior to release of an inmate under this section, the department shall notify an enrolled victim that the inmate is to be released.(7) Upon the inmate's release, The department shall notify the court and district attorney.(8) Release authority. The secretary may release eligible inmates under this section consistent with public safety and reentry goals.(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.Wis. Admin. Code Department of Corrections DOC 302.35
EmR0939: emerg. cr. eff. 12-31-09; CR 09-120: cr. Register November 2010 No. 659, eff. 12-1-10; CR 11-022: am. (1) (a) Register September 2014 No. 705, eff. 1-1-15.Adopted by, CR 17-026: cr., Register June 2018 No. 750, eff. 7/1/2018