Section 302.34. Positive adjustment time — one for three.

 

(1)   Eligibility. Inmates who are sentenced under s. 973.01 , Stats., for a Class F to Class I felony or a misdemeanor that is not a violent offense, as defined in s. 301.048 (2) (bm) 1. , Stats., and who are ineligible for positive adjustment time under s. 302.113 (2) (b) , Stats., pursuant to s. 973.01 (3d) (b) , Stats., or for a Class F to Class I felony that is a violent offense, as defined in s. 301.048 (2) (bm) 1. , Stats., may earn one (1) day of positive adjustment time for every three (3) days served if all of the following apply:

(a) The inmate has not received a major penalty under s. DOC 303.72 on any day counted toward positive adjustment time.

(b) The inmate does not neglect or refuse to perform required or assigned duties, including programming and treatment identified by the department.

(2)   Special consideration. Inmates ineligible for positive adjustment time under s. DOC 302.33 (1) (a) may be considered for eligibility under this section.

(3)   Exclusions. This section does not apply to any of the following:

(a) An inmate who is the subject of a bulletin issued under s. 301.46 (2m) , Stats.

(b) An inmate who 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) An inmate who 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) An inmate who is required to register under s. 301.45 , Stats.

(e) An inmate who has, in his or her lifetime, been committed under ch. 975 , Stats.

(f) An inmate who is serving, begins to serve, or who has served during his or her current period of confinement, a sentence for a Class C to Class E felony.

(g) An inmate who is serving a sentence for an offense against an elderly or vulnerable person, as defined in s. 939.22 (20d) , Stats.

(h) An inmate who is serving a sentence for an offense related to ethical government, as defined in s. 939.22 (20m) , Stats.

(i) An inmate who is serving a sentence for an offense related to school safety, as defined in s. 939.22 (20s) , Stats.

(j) An inmate who is serving a sentence for a felony murder under s. 940.03 , Stats.

(k) An inmate who is serving a sentence for a violation of s. 940.11 (1) , Stats.

(L) An inmate who is serving a sentence for a violation of s. 940.235 , Stats.

(m) An inmate who is serving a sentence for a violation of s. 940.32 (3) , Stats.

(n) An inmate who is serving a sentence for a violation of s. 941.21 , Stats.

(o) An inmate who is serving a sentence for a violation of s. 946.465 , Stats.

(4)   Petition for release. An inmate may petition the earned release review commission for release to extended supervision or another sentence under this section as provided in ch. PAC 1 . Procedures for release consideration under this section, including victim notification, are found in ch. PAC 1 .

(5)   Modification of extended supervision. 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.

History: 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.

Note

Sections 302.113 (2) (b) and 973.01 (3d) (b), Stats., were repealed by 2011 Wis Act 38 . Microsoft Windows NT 6.1.7601 Service Pack 1