304.01 304.01 Earned release review commission and commission chairperson; general duties.
304.01(1) (1) The chairperson of the earned release review commission shall administer and supervise the commission and its activities and shall be the final authority for granting parole or release to extended supervision, except as provided in s. 304.02.
304.01(2) (2) The earned release review commission shall conduct regularly scheduled interviews to consider the parole or release to extended supervision of eligible inmates of the adult correctional institutions under the control of the department of corrections, eligible inmates transferred under ch. 51 and under the control of the department of health services and eligible inmates in any county house of correction. The department of corrections shall provide all of the following to the earned release review commission:
304.01(2)(a) (a) Records relating to inmates which are in the custody of the department and are necessary to the conduct of the commission's responsibilities.
304.01(2)(b) (b) Scheduling assistance for interviews for prisoners who have applied for parole or release to extended supervision at the correctional institutions.
304.01(2)(c) (c) Clerical support related to the interviews for prisoners who have applied for parole or release to extended supervision.
304.01(2)(d) (d) Appropriate physical space at the correctional institutions to conduct the interviews for prisoners who have applied for parole or release to extended supervision.
304.02 304.02 Special action parole release.
304.02(1) (1) The department shall use a special action release program to relieve crowding in state prisons by releasing certain prisoners to parole supervision using a procedure other than mandatory release under s. 302.11 or release under s. 304.06 (1) (b).
304.02(2) (2) The department shall promulgate rules for the special action release program, including eligibility criteria, procedures for the secretary to decide whether to grant a prisoner a special action release to parole supervision, procedures for notifying persons, offices or agencies under s. 304.06 (1) (c) and (g) of releases, and conditions of release. If applicable, the department shall also comply with s. 304.063.
304.02(3) (3) Notwithstanding any eligibility criteria prescribed by department rule, a prisoner is eligible for special action release to parole supervision without meeting the eligibility criteria if all of the following conditions are met:
304.02(3)(a) (a) The prisoner population equals or exceeds the statewide prisoner population limit promulgated by rule under s. 301.055.
304.02(3)(b) (b) The prisoner is not currently incarcerated regarding a felony conviction for an assaultive crime.
304.02(3)(c) (c) The institution social worker or the probation, extended supervision and parole agent of record has reason to believe the prisoner will be able to maintain himself or herself in society without engaging in assaultive activity.
304.02(3)(d) (d) The inmate is not granted a special action release more than 18 months before his or her expected release date under s. 302.11.
304.02(3)(e) (e) The prisoner is eligible for release under s. 304.06 (1) (b).
304.02(4) (4) If a person is sentenced under s. 973.032, he or she is eligible for a release to parole supervision under this section and remains in the intensive sanctions program unless discharged by the department under s. 301.048 (6) (a).
304.02(4m) (4m) A prisoner paroled under this section is subject to the restriction under s. 304.06 (2m), if applicable, relating to the counties to which prisoners may be paroled.
304.02(5) (5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life sentence under s. 939.62 (2m) (c) or 973.014 (1) (c) or (1g) is not eligible for release to parole supervision under this section.
304.02(6) (6) Notwithstanding subs. (1) to (3), a prisoner is not eligible for release to parole supervision under this section if he or she is serving a bifurcated sentence under s. 973.01.
304.06 304.06 Release to parole or extended supervision from state prisons and house of correction.
304.06(1) (1)
304.06(1)(a)(a) In this subsection:
304.06(1)(a)1. 1. "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.
304.06(1)(a)2. 2. "Victim" means a person against whom a crime has been committed.
304.06(1)(b) (b) Except as provided in s. 961.49 (2), 1999 stats., sub. (1m) or s. 302.045 (3), 302.05 (3) (b), 973.01 (6), or 973.0135, the earned release review commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25% of the sentence imposed for the offense, or 6 months, whichever is greater. Except as provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g) or (2), the earned release review commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension under s. 302.11 (1q) and (2), if applicable. The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the earned release review commission shall not provide any convicted offender or other person sentenced to the department's custody any eligibility or evaluation for parole or release to extended supervision until the person has been confined at least 60 days following sentencing.
304.06(1)(bg)1.1. A person sentenced under s. 973.01 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., and who is ineligible for positive adjustment time under s. 302.113 (2) (b) pursuant to s. 973.01 (3d) (b) or for a Class F to Class I felony that is a violent offense, as defined in s. 301.048 (2) (bm) 1., may earn one day of positive adjustment time for every 3 days served that he or she does not violate any regulation of the prison or does not refuse or neglect to perform required or assigned duties. The person may petition the earned release review commission for release to extended supervision when he or she has served the term of confinement in prison portion of his or her bifurcated sentence, as modified by the sentencing court under s. 302.045 (3m) (b) 1. or 302.05 (3) (c) 2. a., less positive adjustment time he or she has earned. This subdivision does not apply to any of the following:
304.06(1)(bg)1.am. am. A person who is the subject of a bulletin issued under s. 301.46 (2m).
304.06(1)(bg)1.b. b. A person 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).
304.06(1)(bg)1.c. c. A person 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).
304.06(1)(bg)1.d. d. A person who is required to register under s. 301.45.
304.06(1)(bg)1.e. e. A person who has, in his or her lifetime, been committed under ch. 975.
304.06(1)(bg)1.f. f. A person 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.
304.06(1)(bg)1.g. g. A person who is serving a sentence for an offense against an elderly or vulnerable person, as defined in s. 939.22 (20d).
304.06(1)(bg)1.h. h. A person who is serving a sentence for an offense related to ethical government, as defined in s. 939.22 (20m).
304.06(1)(bg)1.i. i. A person who is serving a sentence for an offense related to school safety, as defined in s. 939.22 (20s).
304.06(1)(bg)1.j. j. A person who is serving a sentence for a felony murder under s. 940.03.
304.06(1)(bg)1.k. k. A person who is serving a sentence for a violation of s. 940.11 (1).
304.06(1)(bg)1.L. L. A person who is serving a sentence for a violation of s. 940.235.
304.06(1)(bg)1.m. m. A person who is serving a sentence for a violation of s. 940.32 (3).
304.06(1)(bg)1.n. n. A person who is serving a sentence for a violation of s. 941.21.
304.06(1)(bg)1.o. o. A person who is serving a sentence for a violation of s. 946.465.
304.06(1)(bg)2. 2. A person sentenced under s. 973.01 for a Class C to Class E felony may earn one day of positive adjustment time for every 5.7 days served that he or she does not violate any regulation of the prison or does not refuse or neglect to perform required or assigned duties. An inmate convicted of a Class C to Class E felony may petition the earned release review commission for release to extended supervision when he or she has served the term of confinement in prison portion of his or her bifurcated sentence, as modified by the sentencing court under s. 302.045 (3m) (b) 1. or 302.05 (3) (c) 2. a., less positive adjustment time he or she has earned. This subdivision does not apply to any of the following:
304.06(1)(bg)2.am. am. A person who is the subject of a bulletin issued under s. 301.46 (2m).
304.06(1)(bg)2.b. b. A person 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).
304.06(1)(bg)2.c. c. A person 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).
304.06(1)(bg)2.d. d. A person who is required to register under s. 301.45.
304.06(1)(bg)2.e. e. A person who has, in his or her lifetime, been committed under ch. 975.
304.06(1)(bg)2.f. f. A person who is serving a sentence for an offense against an elderly or vulnerable person, as defined in s. 939.22 (20d).
304.06(1)(bg)2.g. g. A person who is serving a sentence for an offense related to ethical government, as defined in s. 939.22 (20m).
304.06(1)(bg)2.h. h. A person who is serving a sentence related to school safety, as defined in s. 939.22 (20s).
304.06(1)(bg)2.i. i. A person who is serving a sentence for a felony murder under s. 940.03.
304.06(1)(bg)2.j. j. A person who is serving a sentence for a violation of s. 940.06.
304.06(1)(bg)2.k. k. A person who is serving a sentence for a violation of s. 940.302.
304.06(1)(bg)2.L. L. A person who is serving a sentence for a violation of s. 940.31 (1).
304.06(1)(bg)2.m. m. A person who is serving a sentence for a violation of s. 948.03 (2) (a).
304.06(1)(bg)2.n. n. A person who is serving a sentence for a violation of s. 948.40 (4) (a).
304.06(1)(bg)3. 3. A person sentenced under s. 973.01 for a misdemeanor or for a Class F to Class I felony committed prior to October 1, 2009, and who has not petitioned a sentencing court for a sentence adjustment under s. 973.195 (1r) for any offense for which he or she is incarcerated may apply for release to extended supervision when he or she has served at least 75 percent of the term of confinement portion of his or her bifurcated sentence, as modified by the sentencing court under s. 302.045 (3m) (b) 1. or 302.05 (3) (c) 2. a. This subdivision does not apply to a person 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.
304.06(1)(bg)4. 4. A person sentenced under s. 973.01 for a Class C to Class E felony committed prior to October 1, 2009, and who has not petitioned a sentencing court for a sentence adjustment under s. 973.195 (1r) for any offense for which he or she is incarcerated may apply for release to extended supervision when he or she has served at least 85 percent of the term of confinement portion of his or her bifurcated sentence, as modified by the sentencing court under s. 302.045 (3m) (b) 1. or 302.05 (3) (c) 2. a.
304.06(1)(bk)1.1. When an inmate is within 90 days of release to extended supervision under par. (bg), the earned release review committee [earned release review commission] shall notify the sentencing court that it intends to modify the inmate's sentence and release the inmate to extended supervision under par. (bg), and the court may hold a review hearing. If the court does not schedule a review hearing within 30 days after notification under this subsection, the earned release review committee [earned release review commission] may proceed under par. (bg).
304.06 Note NOTE: The correct term is shown in brackets. Corrective legislation is pending.
304.06(1)(bk)2.a.a. If the sentencing court opts to conduct a review, it shall hold the hearing and issue an order relating to the inmate's sentence modification and release to extended supervision within 60 days of its notification under subd. 1.
304.06(1)(bk)2.b. b. At the hearing, the court may consider the inmate's conduct in prison, his or her level of risk of reoffending, based on a verified, objective instrument, and the nature of the offense committed by the inmate. The court may accept the earned release review committee's [earned release review commission's] determination that the inmate has earned positive adjustment time under par. (bg), reject the earned release review committee's [earned release review commission's] determination that the inmate has earned positive adjustment time under par. (bg), or order the inmate to remain in prison for a period that does not exceed the time remaining on the inmate's term of confinement.
304.06 Note NOTE: The correct term is shown in brackets. Corrective legislation is pending.
304.06(1)(bn) (bn) The earned release review commission may consider any of the following as a ground for a petition under par. (bg) for release to extended supervision:
304.06(1)(bn)1. 1. The inmate's conduct, efforts at and progress in rehabilitation, or participation and progress in education, treatment, or other correctional programs since he or she was sentenced.
304.06(1)(bn)2. 2. The inmate is subject to a sentence of confinement in another state or the inmate is in the United States illegally and may be deported.
304.06(1)(bn)3. 3. Sentence adjustment is otherwise in the interests of justice.
304.06(1)(br) (br) The earned release review commission may reduce the term of confinement of a person who petitions under par. (bg) only as follows:
304.06(1)(br)1. 1. If the inmate is serving the term of confinement in prison portion of the sentence, a reduction in the term of confinement in prison by the amount of time remaining in the term of confinement in prison portion of the sentence, less up to 30 days, and a corresponding increase in the term of extended supervision.
304.06(1)(br)2. 2. If the inmate is confined in prison upon revocation of extended supervision, a reduction in the amount of time remaining in the period of confinement in prison imposed upon revocation, less up to 30 days, and a corresponding increase in the term of extended supervision.
304.06(1)(c) (c) If an inmate applies for parole or release to extended supervision under this subsection, the earned release review commission shall make a reasonable attempt to notify the following, if they can be found, in accordance with par. (d):
304.06(1)(c)1. 1. The office of the court that participated in the trial or that accepted the inmate's plea of guilty or no contest, whichever is applicable.
304.06(1)(c)2. 2. The office of the district attorney that participated in the trial of the inmate or that prepared for proceedings under s. 971.08 regarding the inmate's plea of guilty or no contest, whichever is applicable.
304.06(1)(c)3. 3. The victim of the crime committed by the inmate or, if the victim died as a result of the crime, an adult member of the victim's family or, if the victim is younger than 18 years old, the victim's parent or legal guardian, upon submission of a card under par. (f) requesting notification.
304.06(1)(d)1.1. The notice under par. (c) shall inform the offices and persons under par. (c) 1. to 3. of the manner in which they may provide written statements under this subsection, shall inform persons under par. (c) 3. of the manner in which they may attend interviews or hearings and make statements under par. (eg) and shall inform persons under par. (c) 3. who are victims, or family members of victims, of crimes specified in s. 940.01, 940.03, 940.05, 940.225 (1), (2), or (3), 948.02 (1) or (2), 948.025, 948.06 or 948.07 of the manner in which they may have direct input in the decision-making process under par. (em) for parole or release to extended supervision. The earned release review commission shall provide notice under this paragraph for an inmate's first application for parole or release to extended supervision and, upon request, for subsequent applications for parole or release to extended supervision.
304.06(1)(d)2. 2. The notice shall be by 1st class mail to an office's or a person's last-known address sent at least 3 weeks before the interview or hearing upon the application for parole or release to extended supervision.
304.06(1)(d)3. 3. The notice shall state the name of the inmate, the date and term of the sentence and the date when the written statement must be received in order to be considered. If the notice is to an office under par. (c) 1. or 2., the notice shall also state the crime of which the inmate was convicted.
304.06(1)(d)3g. 3g. If applicable, the notice shall state the date of the interview or hearing that the person may attend.
304.06(1)(d)3m. 3m. If applicable, the notice shall state the manner in which the person may have direct input in the decision-making process for parole or release to extended supervision.
304.06(1)(d)4. 4. If the notice is for a first application for parole or release to extended supervision, the notice shall inform the offices and persons under par. (c) 1. to 3. that notification of subsequent applications for parole or release to extended supervision will be provided only upon request.
304.06(1)(e) (e) The earned release review commission shall permit any office or person under par. (c) 1. to 3. to provide written statements. The earned release review commission shall give consideration to any written statements provided by any such office or person and received on or before the date specified in the notice. This paragraph does not limit the authority of the earned release review commission to consider other statements or information that it receives in a timely fashion.
304.06(1)(eg) (eg) The earned release review commission shall permit any person under par. (c) 3. to attend any interview or hearing on the application for parole or release to extended supervision of an applicable inmate and to make a statement at that interview or hearing.
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This is an archival version of the Wis. Stats. database for 2009. See Are the Statutes on this Website Official?