Wis. Admin. Code Department of Corrections 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.
Notes
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