Current through August 26, 2024
(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Stats., of 2009, repealed by 2011 Wisconsin Act 38, and who meet all of the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.
