Current through August 26, 2024
(1) In accordance
with s.
304.02,
Stats., the special action release program authorizes the secretary to relieve
crowding in institutions by releasing select inmates to parole supervision
other than by mandatory release or a discretionary parole.
(2) To be eligible for special action release
consideration, the inmate shall meet all of the following:
(a) Be parole-eligible under s.
304.06,
Stats., and ch. PAC 1.
(b) Not be
serving a life sentence.
(c) Not be
serving a bifurcated sentence under s.
973.01,
Stats.
(d) Not have been previously
granted a special action release under this section if currently serving time
on a new criminal conviction.
(e)
Have served a minimum of 6 months in the Wisconsin prison system.
(f) Be within 18 months of mandatory release
on the date of the special action release.
(g) Never have had a felony or misdemeanor
conviction for an assaultive crime.
(h) Have no known history of assaultive
conduct inside or outside of a correctional institution, except that an inmate
who has a known history of assaultive conduct that did not result in a
conviction may be considered for special action release if one of the following
applies:
1. The conduct occurred more than 5
years prior to SAR review by the social worker under sub. (5).
2. The inmate acted in self-defense or
defense of property.
3. The inmate
is to be released to a structured living arrangement such as a halfway
house.
4. The inmate's conduct was
an isolated incident not likely to be repeated.
5. The inmate's age or physical condition
makes repeat of the assaultive conduct unlikely.
(i) If an active detainer exists in another
jurisdiction, the remainder of that sentence is equal to or longer than the
remainder of the Wisconsin sentence and the jurisdiction issuing the detainer
intends to obtain custody of the inmate immediately upon release.
(j) Have an approved parole plan.
(k) If to be supervised in another state,
shall be accepted for supervision by that other state.
(l) Agrees to intensive supervision and any
other special conditions the agent or secretary may impose.
(3) An inmate is eligible for special action
release to parole supervision without meeting the eligibility criteria of sub.
(2) if all of the following conditions are met:
(a) The inmate population equals or exceeds
the statewide inmate population limit promulgated by rule under s.
301.055,
stats.
(b) The inmate is not
currently incarcerated regarding a felony conviction for an assaultive
crime.
(c) The institution social
worker or the agent has reason to believe the inmate will be able to maintain
himself or herself in society without engaging in assaultive
activity.
(d) The inmate is not
granted a special action release more than 18 months before their expected
release date under s.
302.11,
stats.
(e) The inmate is eligible
for release under s.
304.06(1) (b), Stats.
(4) An inmate may waive eligibility for SAR
consideration at any time by notifying the institution social worker, except
that an inmate who has an active detainer may not waive eligibility for SAR
consideration. To reestablish eligibility following a waiver, the inmate shall
notify the institution social worker that the inmate no longer waives
eligibility for SAR consideration.
(5) The following steps shall be taken in
preparing an SAR referral:
(a) The social
worker shall review inmate files to identify inmates who may be eligible for
SAR consideration. The social worker may contact the agent to obtain further
information concerning an inmate's eligibility.
(b) If an inmate appears to be eligible for
SAR consideration, the social worker in consultation with the inmate shall
develop a parole plan that considers the inmate's institutional conduct, the
inmate's resources, and plans for the inmate's residence and job placement upon
release.
(c) The social worker
shall send a copy of the parole plan to the agent, the SAR coordinator, and the
social worker's supervisor.
(d) The
department shall notify in writing the office of the district attorney that
prosecuted the inmate, the court that sentenced the inmate, and the victim of
the crime committed by the inmate, if the victim submits a card under s.
304.06(1) (f), Stats., that the inmate is being
considered for SAR. The notice shall advise the district attorney, court, and
the victim that they are permitted to submit written comments regarding the
proposed release, which will be placed in the special action release record
developed by the SAR coordinator for the secretary. The notice shall be mailed
at least 21 days before the secretary under sub. (5) makes a decision
concerning the release of the inmate.
(e) Upon receipt of the parole plan from the
social worker, the agent shall carry out an investigation to determine if the
plan is appropriate and shall include in that investigation assessments of the
inmate's proposed residence, employment, and community treatment
plans.
(f) If the plan is not
appropriate, the agent shall suggest alternatives to the inmate and social
worker and attempt to develop an acceptable plan in consultation with the
inmate and social worker.
(g) In
addition to the rules provided under ch. DOC 328, the agent may develop
additional written rules and specific conditions for the inmate's parole
supervision to achieve the goals and objectives of supervision under ch. DOC
328.
(h) The agent shall write a
report that shall include the results of the agent's investigation. The report
shall address probable reaction to the inmate in the community where the inmate
proposes to reside and shall contain other relevant information that is not
available to the institution.
(i)
The agent shall send a copy of the report under par. (h) to the SAR
coordinator.
(j) The SAR
coordinator shall assemble all relevant documents on an inmate, including the
inmate's parole plan, the agent's report, any comments received from the
district attorney's office, judge, or victim, a summary of the inmate's arrests
and convictions, reasons why the parole commission denied parole, if
applicable, and any other relevant information requested by the
secretary.
(k) The SAR coordinator
shall submit the relevant information to the secretary for
consideration.
(6) The
secretary may consider the following factors in deciding whether to grant or
deny an SAR:
(a) Parole eligibility.
(b) The inmate's criminal record, the nature
of the offense of which the inmate was convicted, and any known history of
assaultive conduct outside a correctional institution.
(c) Institutional adjustment.
(d) Adequacy of the parole plan.
(e) Population pressures.
(f) Risk to the public safety.
(g) Any other factors that relate to whether
the inmate will be able to comply with the rules of parole and maintain himself
or herself in open society without engaging in assaultive or any other criminal
activity.
(7) If the SAR
is granted, the secretary may impose in writing any special conditions that are
appropriate. The secretary may modify the conditions of the former inmate's
special action release at any time until discharge from supervision, and the
agent may modify the rules and specific conditions of the inmate's parole
supervision at any time until discharge from supervision. The conditions that
the secretary may impose include the following:
(a) A period of intensive supervision that
requires the former inmate to report to the agent on the first day of release
and to contact the agent in person at least once a week for a minimum of 90
days, and that requires the agent to visit the former inmate's place of
residence or employment once a month during the period of intensive
supervision.
(b) Restrictions on
residence.
(c) Restrictions on
travel and local movement.
(d)
Restrictions on associations.
(e)
Restrictions on possessions.
(f)
Restrictions on consumption of drugs and alcohol.
(g) Requirements for inpatient or outpatient
treatment, including treatment for alcohol abuse or other drug abuse.
(h) Requirements for training and
participation in other self-improvement programs including job
training.
(i) Requirements for the
former inmate to make himself or herself available for any tests or searches
ordered by the agent, including urinalysis, breathalyzer, and blood sample
tests, or for search of the former inmate's residence, person, or any property
under their control.
(j) Electronic
monitoring.
(k) Any other specific
condition to achieve the purpose of maintaining the former inmate in open
society without engaging in criminal activity.
(8) The institution where the inmate is
incarcerated shall inform the inmate of the decision to grant or deny an SAR
and, if granted, of any conditions imposed on the inmate's release.
(9) Before the inmate is released, the
department shall notify the municipal police department and the county sheriff
for the area where the inmate plans to reside and shall notify the victim of
the crime committed by the inmate, if the victim submits a card under s.
304.06(1) (f), Stats., and if the victim can be
found.
(10) An offender released
under special action release who violates the rules or conditions of their
supervision is subject to revocation under ch. DOC 331 procedures.
(11) The secretary's decision is final and
not subject to appeal.
