Section 1.05. Eligibility for release consideration.

 

(1)   Initial eligibility. The commission shall not consider for parole or release to extended supervision any person who is sentenced to the department's custody until the person has been confined at least 60 days following sentencing.

(2)   Parole eligibility.

(a) Early parole consideration . For persons sentenced for offenses committed before December 31, 1999, the chairperson may waive the 25% service of sentence requirement under s. 304.06 (1) (b) , Stats., if the chairperson determines that extraordinary circumstances warrant an earlier parole consideration and the sentencing court, district attorney, and the victim, if available, have been notified and permitted to comment upon the proposed recommendation.

(b) Initial parole eligibility . For persons sentenced for offenses committed before December 31, 1999, the inmate's eligibility for discretionary parole will be determined under s. 304.06 , Stats.

(c) Subsequent parole eligibility .

1. When incarceration follows parole revocation without the imposition of a new sentence, parole eligibility shall be established at 6 months from the date of return to the institution, less sentence credit under s. 973.155 (1) , Stats.

2. When incarceration follows parole revocation and involves the imposition of a new sentence, parole eligibility shall be established at 6 months from the custody date, less sentence credit under s. 973.155 (1) , Stats., or in accordance with the eligibility date of the new sentence.

3. When incarceration follows parole revocation and initial release consideration occurs, the imposition of a new sentence may affect parole eligibility if the 25% service requirement under s. 304.06 (1) (b) , Stats., of the new sentence results in a date that is later than the parole eligibility date that the commission establishes at initial consideration.

(3)   Release to extended supervision eligibility.

(a) Initial release to extended supervision eligibility . For persons sentenced under s. 973.01 , Stats., the inmate's eligibility for release consideration will be determined under s. 304.06 (1) (bg) , Stats.

(b) Subsequent release to extended supervision eligibility . When incarceration follows revocation of extended supervision, an eligibility date will be established in accordance with s. 304.06 (1) (bg) , Stats.

(4)   Waiver of release consideration. An inmate may waive release consideration at any time by notifying the commission in writing through institution staff. No review or decision will occur. A waiver will not effect future commission decisions.

(5)   Withdrawal of consideration. If an inmate declines to appear before the commission at the time of a scheduled interview or appears but refuses to participate, the failure to appear or participate, unless excused by the commission, shall be construed as a withdrawal of release consideration. No review or decision will occur. A withdrawal will not affect future parole or release to extended supervision decisions.

(6)   Re-establishment of eligibility for consideration. To become eligible for release consideration following a waiver or withdrawal, the inmate shall apply in writing to the commission through institution staff. The eligibility date shall be established in accordance with the inmate's sentence structure. An interview will be scheduled based on the inmate's application.

History: EmR0940 : emerg. r. and recr. eff. 12-31-09; CR 09-119 : cr. Register November 2010 No. 659 , eff. 12-1-10.