Wis. Admin. Code Department of Corrections DOC 302.34

Current through November 25, 2024

Section DOC 302.34 - Special action release program

(1) In accordance with s. 304.02, Stats., the special action release program authorizes the secretary to relieve crowding in institutions by releasing select inmates to parole supervision other than by mandatory release or a discretionary parole.

(2) To be eligible for special action release consideration, the inmate shall meet all of the following:

(a) Be parole-eligible under s. 304.06, Stats., and ch. PAC 1.

(b) Not be serving a life sentence.

(c) Not be serving a bifurcated sentence under s. 973.01, Stats.

(d) Not have been previously granted a special action release under this section if currently serving time on a new criminal conviction.

(e) Have served a minimum of 6 months in the Wisconsin prison system.

(f) Be within 18 months of mandatory release on the date of the special action release.

(g) Never have had a felony or misdemeanor conviction for an assaultive crime.

(h) Have no known history of assaultive conduct inside or outside of a correctional institution, except that an inmate who has a known history of assaultive conduct that did not result in a conviction may be considered for special action release if one of the following applies:

1. The conduct occurred more than 5 years prior to SAR review by the social worker under sub. (5).

2. The inmate acted in self-defense or defense of property.

3. The inmate is to be released to a structured living arrangement such as a halfway house.

4. The inmate's conduct was an isolated incident not likely to be repeated.

5. The inmate's age or physical condition makes repeat of the assaultive conduct unlikely.

(i) If an active detainer exists in another jurisdiction, the remainder of that sentence is equal to or longer than the remainder of the Wisconsin sentence and the jurisdiction issuing the detainer intends to obtain custody of the inmate immediately upon release.

(j) Have an approved parole plan.

(k) If to be supervised in another state, shall be accepted for supervision by that other state.

(l) Agrees to intensive supervision and any other special conditions the agent or secretary may impose.

(3) An inmate is eligible for special action release to parole supervision without meeting the eligibility criteria of sub. (2) if all of the following conditions are met:

(a) The inmate population equals or exceeds the statewide inmate population limit promulgated by rule under s. 301.055, stats.

(b) The inmate is not currently incarcerated regarding a felony conviction for an assaultive crime.

(c) The institution social worker or the agent has reason to believe the inmate will be able to maintain himself or herself in society without engaging in assaultive activity.

(d) The inmate is not granted a special action release more than 18 months before their expected release date under s. 302.11, stats.

(e) The inmate is eligible for release under s. 304.06(1) (b), Stats.

(4) An inmate may waive eligibility for SAR consideration at any time by notifying the institution social worker, except that an inmate who has an active detainer may not waive eligibility for SAR consideration. To reestablish eligibility following a waiver, the inmate shall notify the institution social worker that the inmate no longer waives eligibility for SAR consideration.

(5) The following steps shall be taken in preparing an SAR referral:

(a) The social worker shall review inmate files to identify inmates who may be eligible for SAR consideration. The social worker may contact the agent to obtain further information concerning an inmate's eligibility.

(b) If an inmate appears to be eligible for SAR consideration, the social worker in consultation with the inmate shall develop a parole plan that considers the inmate's institutional conduct, the inmate's resources, and plans for the inmate's residence and job placement upon release.

(c) The social worker shall send a copy of the parole plan to the agent, the SAR coordinator, and the social worker's supervisor.

(d) The department shall notify in writing the office of the district attorney that prosecuted the inmate, the court that sentenced the inmate, and the victim of the crime committed by the inmate, if the victim submits a card under s. 304.06(1) (f), Stats., that the inmate is being considered for SAR. The notice shall advise the district attorney, court, and the victim that they are permitted to submit written comments regarding the proposed release, which will be placed in the special action release record developed by the SAR coordinator for the secretary. The notice shall be mailed at least 21 days before the secretary under sub. (5) makes a decision concerning the release of the inmate.

(e) Upon receipt of the parole plan from the social worker, the agent shall carry out an investigation to determine if the plan is appropriate and shall include in that investigation assessments of the inmate's proposed residence, employment, and community treatment plans.

(f) If the plan is not appropriate, the agent shall suggest alternatives to the inmate and social worker and attempt to develop an acceptable plan in consultation with the inmate and social worker.

(g) In addition to the rules provided under ch. DOC 328, the agent may develop additional written rules and specific conditions for the inmate's parole supervision to achieve the goals and objectives of supervision under ch. DOC 328.

(h) The agent shall write a report that shall include the results of the agent's investigation. The report shall address probable reaction to the inmate in the community where the inmate proposes to reside and shall contain other relevant information that is not available to the institution.

(i) The agent shall send a copy of the report under par. (h) to the SAR coordinator.

(j) The SAR coordinator shall assemble all relevant documents on an inmate, including the inmate's parole plan, the agent's report, any comments received from the district attorney's office, judge, or victim, a summary of the inmate's arrests and convictions, reasons why the parole commission denied parole, if applicable, and any other relevant information requested by the secretary.

(k) The SAR coordinator shall submit the relevant information to the secretary for consideration.

(6) The secretary may consider the following factors in deciding whether to grant or deny an SAR:

(a) Parole eligibility.

(b) The inmate's criminal record, the nature of the offense of which the inmate was convicted, and any known history of assaultive conduct outside a correctional institution.

(c) Institutional adjustment.

(d) Adequacy of the parole plan.

(e) Population pressures.

(f) Risk to the public safety.

(g) Any other factors that relate to whether the inmate will be able to comply with the rules of parole and maintain himself or herself in open society without engaging in assaultive or any other criminal activity.

(7) If the SAR is granted, the secretary may impose in writing any special conditions that are appropriate. The secretary may modify the conditions of the former inmate's special action release at any time until discharge from supervision, and the agent may modify the rules and specific conditions of the inmate's parole supervision at any time until discharge from supervision. The conditions that the secretary may impose include the following:

(a) A period of intensive supervision that requires the former inmate to report to the agent on the first day of release and to contact the agent in person at least once a week for a minimum of 90 days, and that requires the agent to visit the former inmate's place of residence or employment once a month during the period of intensive supervision.

(b) Restrictions on residence.

(c) Restrictions on travel and local movement.

(d) Restrictions on associations.

(e) Restrictions on possessions.

(f) Restrictions on consumption of drugs and alcohol.

(g) Requirements for inpatient or outpatient treatment, including treatment for alcohol abuse or other drug abuse.

(h) Requirements for training and participation in other self-improvement programs including job training.

(i) Requirements for the former inmate to make himself or herself available for any tests or searches ordered by the agent, including urinalysis, breathalyzer, and blood sample tests, or for search of the former inmate's residence, person, or any property under their control.

(j) Electronic monitoring.

(k) Any other specific condition to achieve the purpose of maintaining the former inmate in open society without engaging in criminal activity.

(8) The institution where the inmate is incarcerated shall inform the inmate of the decision to grant or deny an SAR and, if granted, of any conditions imposed on the inmate's release.

(9) Before the inmate is released, the department shall notify the municipal police department and the county sheriff for the area where the inmate plans to reside and shall notify the victim of the crime committed by the inmate, if the victim submits a card under s. 304.06(1) (f), Stats., and if the victim can be found.

(10) An offender released under special action release who violates the rules or conditions of their supervision is subject to revocation under ch. DOC 331 procedures.

(11) The secretary's decision is final and not subject to appeal.

Wis. Admin. Code Department of Corrections DOC 302.34

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.

Adopted by, CR 17-026: cr., Register June 2018 No. 750, eff. 7/1/2018

Amended by, correction in (5) (i) made under s. 13.92(4) (b) 7, Stats., Register October 2018 No. 754, eff. 11/1/2018