¶ 1 KESSLER, J.
Defendant Kathy J. Johnson appeals from an order denying her Post-conviction Motion to Determine Eligibility for Earned Release Program Pursuant to WIS. STAT. § 302.05. Because we conclude that the Department of Corrections' (DOC) policy to take no position on an inmate's petition for eligibility for the Earned Release Program (ERP) is effectively approval, under § 302.05(3)(e) (2003-04),
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