Section 302.33. Positive adjustment time — one for two.

 

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

(a) The department has determined the inmate is not at a high risk of reoffending. If an inmate is determined to be at a high risk to reoffend, the inmate may be reviewed for eligibility under s. DOC 302.34 .

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

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

(2)   Exclusions. Notwithstanding sub. (1) , 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) A violent offender, as defined in s. 165.95 (1) , Stats.

(g) 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 F to Class I felony that is a violent offense, as defined in s. 301.048 (2) (bm) 1. , Stats.

(h) 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.

(i) An inmate who is ineligible for positive adjustment time under this paragraph pursuant to s. 973.01 (3d) (b) , Stats.

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

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

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

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

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

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

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

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

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

(s) 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.

(t) 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)   Criteria considered for release. 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)   Victim notification.

(a) 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.

(b) Prior to release of an inmate under this section, the department shall notify an enrolled victim that the inmate is to be released.

(5)   Court notification. When an inmate is within 90 days of release to extended supervision under sub. (7) , the department shall notify the sentencing court that it intends to modify the inmate's sentence and release the inmate to extended supervision or to another sentence. The department shall provide the sentencing court with rationale for its recommendation.

(6)   Court action. If the court does not schedule a review hearing within 30 days after notification, or the court accepts the department's recommendation, the department may proceed under sub. (7) . If the court issues an order rejecting the department's recommendation, the inmate may not be released under this section. If the court orders the inmate to remain in prison for a period not to exceed the time remaining on the inmate's term of confinement, the department will proceed in accordance with the court order.

(7)   Release. An inmate under sub. (1) shall be released to extended supervision or to another sentence when he or she has served the term of confinement in the prison portion of his or her bifurcated sentence, less positive adjustment time earned unless denied by the court.

(8)   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 sub. (7) , 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) (b) Register September 2014 No. 705 , eff. 1-1-15; correction in (2) (f) made under s. 13.92 (4) (b) 7. , Stats., Register December 2014 No. 708 .

Note

Section 973.01 (3d) (b), Stats., was repealed by 2011 Wis Act 38 . Microsoft Windows NT 6.1.7601 Service Pack 1