Section 328.17. Early discharge.

 

(1)  The department may grant an offender early discharge when there is a reasonable probability that supervision is no longer necessary for the rehabilitation and treatment of the offender and for the protection of the public. The department shall consider all of the following in making its determination:

(a) The goals and objectives of supervision have been satisfied.

(b) For offenders on probation, the offender has served at least fifty percent of the term of probation.

(c) For offenders on parole, the offender has reached his or her mandatory release date or has been under supervision for two years.

(d) For offenders on extended supervision, all of the following shall apply:

1. An offender is not eligible for early discharge under this section if convicted of any of the following offenses: Class B felony offenses, or violations of ss. 940.03 , 940.06 , 940.11 (1) , 940.235 , 940.302 , 940.31 (1) , 940.32 (3) , 941.21 , 946.465 , 948.03 (2) (a) , or 948.40 (4) (a) , Stats., or offenses against elderly or vulnerable persons as defined in s. 939.22 (20d) , Stats., offenses related to ethical government, as defined in s. 939.22 (20m) , Stats., or offenses related to school safety as defined in s. 939.22 (20s) , Stats.

2. The offender has been supervised for a minimum of two years and the discharge is in the interest of justice.

3. The department shall notify the victim of the offender, as defined under s. 950.02 (4) (a) , Stats., of its intent to discharge the offender from extended supervision.

(2)  Offenders serving a life sentence are eligible for discharge as provided by s. 973.013 (2) , Stats.

(3)  The department may not discharge an offender on lifetime supervision under s. 939.615 , Stats.

(4)  Notwithstanding sub. (1) and (2) , the department may grant an early discharge if extraordinary circumstances exist.

CR 10-126 : cr. Register June 2013 No. 690 , eff. 7-1-13.