Wisconsin Orders Concerning Sentence Modification 302.113(9g) (Geriatric/Extraordinary Health Condition) is a law enacted by the Wisconsin legislature that allows a judge to modify an inmate's sentence if they are elderly or suffer from an extraordinary health condition. The law provides for the release of elderly offenders who pose little to no risk of reoffending, as well as those with an extraordinary health condition that renders them unable to serve the rest of their sentence. The law provides for two types of modifications; release from prison or a reduction in the inmate's sentence. If an inmate is released, they must remain under the supervision of the Department of Corrections. This law is geared towards reducing the elderly inmate population, as well as ensuring that those who cannot finish their sentences due to health reasons are not unduly punished.
Wisconsin Order Concerning Sentence Modification 302.113(9g) (Geriatric/Extraordinary Health Condition)
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FAQ
302.113(9g)(a)1. 1. ?Extraordinary health condition" means a condition afflicting a person, such as advanced age, infirmity, or disability of the person or a need for medical treatment or services not available within a correctional institution.
This section is a remedy that provides the procedure for judicial review of a sentence when the law relating to sentencing changes and is an adequate remedy to address the circumstances resulting from the reduction in penalties under the 2001 Wis. Act 109 revisions to the sentencing laws. State v.
A bifurcated sentence is a sentence that consists of a term of confinement in prison followed by a term of extended supervision under s. 302.113.
Extended Supervision means that you have completed your prison sentence under the Truth in Sentencing law and now have a period of community supervision to complete. The judge determined the length of the extended supervision at the time of sentencing.
Only offenders on probation or parole are eligible for early discharge, including those supervised in another state under Interstate Compact. Offenders on Extended Supervision are not eligible for early discharge.
Initial Confinement: The first part of a prison sentence where the defendant is actually confined in the prison. It is followed by a term of extended supervision.
A defendant can seek sentence modification in two ways: 1) moving for modification as a matter of right under this section, to assert an erroneous exercise of discretion based on excessiveness, undue harshness, or unconscionability; or 2) moving for discretionary review, invoking the inherent power of the circuit court