Section DOC 302.41 - Extraordinary health condition or geriatric petitions(1) An inmate who is serving a bifurcated sentence for a crime, other than a class A or B felony, may seek modification of the bifurcated sentence under s. 302.113(9g), Stats., if the inmate meets one of the following criteria: (a) The inmate is 65 years of age or older and has served at least 5 years of the term of confinement in the prison portion of the bifurcated sentence.(b) The inmate is 60 years of age or older and has served at least 10 years of the term of confinement in the prison portion of the bifurcated sentence.(c) The inmate has an extraordinary health condition.(2) Time served under sub. (1) (a) and (b) is calculated on each count.(3) An inmate who meets one of the criterion under sub. (1) may submit a petition to a classification specialist. A petition submitted under this section shall contain documentation required by the department policy.(4) Upon receipt of a petition from an inmate, the classification specialist shall review the petition to determine if the inmate is eligible to petition under sub. (1).(5) If the inmate meets the criteria for a hearing, the classification specialist shall schedule a hearing with the PRC to determine if public interest would be served by a modification of the inmate's sentence under s. 302.113(9g).(6) The PRC may request additional information from the agent, social worker, or community agencies.(7) An inmate who is eligible to petition for modification of the sentence under this section may have an attorney present in proceedings.(8) During the hearing the inmate or an attorney representing the inmate, if applicable, may provide a written or oral statement regarding the inmate's petition and whether public interest would be served by a modification of the bifurcated sentence.(9) The hearing may be conducted in person, by telephone, videoconferencing or other virtual communication at the discretion of the department.(10) The PRC may defer making a decision at the hearing in order to obtain relevant information that may affect the final decision.(11) During the hearing, the classification specialist shall summarize the inmate's petition and case factors being considered.(12) The department may consider all of the following in determining if public interest would be served by modification of an inmate's sentence: (a) Risk to the community/public safety.(b) Institution adjustment.(c) Program participation.(d) Impact on department resources.(13) The PRC shall do one of the following:(a) Approve the petition and notify the inmate and the sentencing court that public interest would be served by a modification of the bifurcated sentence.(b) Deny the petition and notify the inmate that public interest would not be served by a modification of the bifurcated sentence.(14) The PRC shall prepare a report containing a summary of the information provided at the hearing.(15) The inmate may not file another petition within one year of the date of the denial by the PRC or the sentencing court.(16) The department may withhold or rescind a PRC decision based on subsequent changes in safety concerns or in the inmate's medical condition, conduct, legal status, or release plan.Wis. Admin. Code Department of Corrections DOC 302.41
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. 7/1/2018