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Earned Release Program (“ERP”), § 973.01(3) — Trial Court’s Authority to Determine When as Well as Whether Defendant Is Eligible — Identity of “CIP” Purpose

State v. Miyosha White, 2004 WI App 237, PFR filed 12/1/04
For White: Leonard Kachinsky

Issue/Holding: A sentencing court exercising discretion on eligibility for the earned release program, § 973.01(3g), has authority to determine not only whether but also when the defendant is eligible for the program. The language and purpose of the earned release statute is “almost identical” to the “boot camp” statute, § 973.01(3m), which the court previously held supported the assignment of a waiting period by the sentencing court. State v. Lehman, 2004 WI App 59, 270 Wis. 2d 695, 677 N.W.2d 644 thus controls this issue, ¶¶8-10.

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