Section DOC 302.40 - Risk reduction sentence(1) The sentencing court must impose a risk reduction sentence under s. 973.031, 2009 Stats. to be eligible for consideration under this section.(2) Inmates convicted of a crime specified in s. 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) or for a felony murder under s. 940.03, an offense against an elderly or vulnerable person, as defined in s. 939.22(20d), an offense related to ethical government, as defined in s. 939.22(20m), Stats., or an offense related to school safety, as defined in s. 939.22(20s), 2015 Stats., are excluded from eligibility.(3) An inmate is suitable for a risk reduction sentence if the inmate meets all of the following criteria: (a) Is eligible for participation under subs. (1) and (2).(b) Volunteers to participate in the program.(c) Completes an assessment of the inmate's criminogenic program need and risk of reoffending.(d) Participates in formulation of a risk reduction plan.(e) Successfully completes department designated programs, treatment and services related to the assigned criminogenic program need.(f) Maintains satisfactory adjustment.(g) Develops a department approved release plan.(h) Attains release eligibility date.(i) Is referred by the department to the sentencing court.(4) The department shall monitor and review an inmate's progress toward completion of the risk reduction plan through the reclassification hearing. The risk reduction plan may be modified if programming is unavailable or a new program need is identified.(5) The department may rescind or withhold a determination regarding the completion of the risk reduction plan based on misconduct or failure to complete any component of the risk reduction plan.(6) The department shall notify the sentencing court if the inmate has successfully completed the requirements of a risk reduction sentence. The department shall release the inmate within 6 working days upon receipt of a court order modifying the inmate's bifurcated sentence.(7) The department will notify an enrolled victim that the inmate will be released under this section.(8) The department shall release an inmate to extended supervision on or after the inmate's release eligibility date when the inmate has completed the risk reduction plan under sub. (3).(9) If an inmate is released after successfully completing the risk reduction plan and demonstrating satisfactory institution adjustment but prior to their release eligibility date, the inmate's overall sentence shall be reduced by the confinement time not served. The term of extended supervision shall not be increased.Wis. Admin. Code Department of Corrections DOC 302.40
EmR0939: emerg. cr. eff. 12-31-09; CR 09-120: cr. Register November 2010 No. 659, eff. 12-1-10.Adopted by, CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18; correction in (2) made under s. 13.92(4) (b) 7, Stats., Register June 2018 No. 750, eff. 7/1/2018