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(3) (e) is merely a determination that the petitioner is not statutorily excluded from eligibility for the earned release program. Shall have completed service of the mandatory minimum upon program completion. 4.05(3)(e) governs inmate petitions for the determination of eligibility for the ERP for inmates sentenced prior to the effective date of § 302. 05(3)(e), Wis. Stats. Download Petition for Determination of Eligibility for the Substance Abuse Program 302. 1 AN ACT to renumber and amend 302. 05 (3) (e); to amend 302. A Petition for Determination of Eligibility for the Substance Abuse Program was filed. THE COURT FINDS: All of the following criteria for eligibility have. 302.