COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. FORM SUMMARY : : Calendar No. Order on Petition for Determination of Eligibility for the Earned Release Program §302.05(3). Name of Form: Plaintiff(s) Form Number: Index No. CR-265 -against- : JUDICIAL SUBPOENA : : Statutory Reference: §302.05(3), Wisconsin Statutes Benchbook Reference: CR 38 Purpose of Form: To enable the court to grant or deny a Petition for Determination of Eligibility for the Earned Release Program. : Defendant(s) : ...................................................... THE PEOPLE OF THE STATE OF NEW YORK Who Completes It: The court TO Distribution of Form: Original to court file, copies to Department of Corrections, defendant, defendant’s attorney, if any, district attorney, and victim(s). Accompanying Forms: None New Form/Modification: New form. GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court Modifications: located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed Comments: This form was created to in this action on the part of the of 2003 comply with the requirements or adjourned date, to testify and give evidence as a witness Wisconsin Act 33. About this form: This form is the product of the Wisconsin Records Management Your failure to comply with this subpoena is punishable Director of State court and will makeayou liable to Committee, a committee of the as a contempt of Court's Office and the party on whose behalf this subpoena was the Wisconsin Judicial Conference. and all damages sustained as a mandate of issued for a maximum penalty of $50 result of your failure to comply. Witness, Honorable Court in County, If you have additional information that does not change the , one page. The form meaning of the form, attach it on a separateof the Justices of the itself shall not be altered. day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Date: 03/01/04 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: Page 1 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY . . . . . . . . . . . .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : STATE OF WISCONSIN, CIRCUIT COURT, State of Wisconsin -vs- : Plaintiff(s) Name -against- , Defendant Index No. For Official Use COUNTY Calendar No. Order on Petition for Determination of Eligibility for : JUDICIAL SUBPOENA The Earned Release Program : §302.05(3) Case No. : Date of Birth A petition for determination of eligibility for the Earned Release Program has been filed. : THE COURT FINDS: Defendant(s) : All of .the .following. criteria. for .eligibility. . . . .have. . . . . .have. not. . . been satisfied. . .. ...... ..... .. ...... ... ... .. .... 1. The defendant is presently serving the confinement portion of a bifurcated sentence. 2. The defendant was not convicted of a crime specified in chapter 940 or §§948.02, 948.025, 948.03, 948.05, 948.055, 948.06, 948.07, 948.075, 948.08 or 948.095, Wisconsin Statutes. 3. The sentencing THE STATE OF NEW the defendant is eligible or ineligible to participate in the Earned THE PEOPLE OF court did not determine ifYORK Release Program. 4. The Department of Corrections has approved the filing of the petition. TO 5. The district attorney was served with a copy of the petition. THE COURT ORDERS: 1. The petition is granted because all of the criteria for eligibility have been satisfied and GREETINGS: The gravity of the crime is not inconsistent with participation. The defendant’s character suggests the defendant can be successful in the program. WE COMMAND YOU, in rehabilitation and excuses being laid aside, you The community’s interest that all business is served by allowing participation. and each of you attend before , the Honorable at the Court Other: located at Countydefendant is eligible to participate in the Earned Release Program of The date of in room as of the , on the this order. of day , 20 , at o'clock in the noon, and at any recessed OR or adjourned date, to testify and give evidence as a witness in this action on the part of the after serving years, months, days, of the confinement portion of this bifurcated sentence. If the defendant is approved for placement in the Earned Release Program and successfully completes the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to theEarnedon whose Program, the Department of Corrections shall inform the court thatand all damages sustained as a party Release behalf this subpoena was issued for a maximum penalty of $50 the defendant has successfully completed the treatment program. Upon being informed that the defendant has successfully result of your failure to comply. completed the treatment program, the court shall reduce the term of confinement in prison portion of the defendant’s bifurcated sentence in a manner that provides for the release of the defendant to extended Witness, Honorable , one of the the Department supervision within 30 days of the date on which the court receives the information fromJustices of the of Court in County, lengthen the term of extended supervision imposed so that the total length of the day of , 20 Corrections. The court shall bifurcated sentence originally imposed does not change. 2. The petition is denied. The defendant is not eligible for the Earned Release Program because: (Attorney must sign above and type name below) The defendant has not satisfied the following criteria for eligibility: [Specify criteria number(s)]: The court already made this determination at sentencing and declines to change it. The seriousness of the crime requires continued confinement. The defendant’s character suggests the defendant would not be successful in this program. Attorney(s) for The defendant needs to be confined to protect the community. Other: BY THE COURT: Office and P.O. Address Distribution: 1. Court – Original 2. Defendant 3. Defendant’s attorney 4. District Attorney 5. Department of Corrections 6. Victim(s) CR-265, 03/04 Order on Petition for Determination of Eligibility for Earned Release Program Circuit Court Judge Telephone No.: Name Printed or Typed Facsimile No.: Date E-Mail Address: Mobile Tel. No.: §302.05(3), Wisconsin Statutes This form shall not be modified. It may be supplemented with additional material. American LegalNet, Inc. www.USCourtForms.com