Wis. Admin. Code Department of Corrections 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.
(e) Release
plan.
(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.
Notes
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