DOC 302.17(11)(a)
(a) A significant change affecting custody, program or treatment assignments, or institution placement as determined by the classification specialist.
DOC 302.17(11)(d)
(d) An inmate request for PR, made to an assigned social worker, who shall deliver the request to the PRC
DOC 302.17 History
History: Cr.
Register, August, 1979, No. 284, eff. 9-1-79;
CR 00-140: r. and recr.
Register January 2002 No. 553, eff. 2-1-02.
DOC 302.18
DOC 302.18
Administrative review of a classification decision. DOC 302.18(1)(1) W
ithin 10 calendar days of an inmate's receipt of a written decision concerning custody classification, institution placement, program need, or treatment need, the inmate may request a review of the decision made under
s. DOC 302.13 (2) or
302.17 (8) if the inmate believes that the decision was based on erroneous information.
DOC 302.18(3)
(3) The inmate shall submit a request for review under this section on a form approved by the department.
DOC 302.18(4)
(4) The review shall be completed by one of the following:
DOC 302.18(5)
(5) The director or administrator shall respond within a reasonable period of time, following receipt of the administrative review request.
DOC 302.18 History
History: Cr.
Register, August, 1979, No. 284, eff. 9-1-79;
CR 00-140: r. and recr.
Register January 2002 No. 553, eff. 2-1-02;
EmR0939: emerg. r. and recr. eff. 12-31-09;
CR 10-120: r. and recr.
Register November 2010 No. 659, eff. 12-1-10.
DOC 302.19(1)(1) The director may transfer an inmate to any facility authorized by the department under either of the following circumstances:
DOC 302.19(1)(b)
(b) Temporary placement due to a clinical, medical or security emergency. PR shall be conducted according to the following:
DOC 302.19(1)(b)1.
1. Except as provided in
subd. 2., the department shall conduct a PR as provided under
s. DOC 302.17 within 10 working days following placement under
par. (b).
DOC 302.19(1)(b)2.
2. When temporary placement is made pursuant to a disciplinary infraction the department shall complete the PR no later than 10 working days following the completion of the disciplinary process under
ch. DOC 303.
DOC 302.19(2)
(2) Notwithstanding
ss. DOC 302.17 and
302.13, when the PRC screens an inmate to determine eligibility for transfer to another institution, or decides to transfer the inmate to another institution, the department shall notify the inmate of the criteria and factors upon which the decisions are based, unless the department determines that release of such information would threaten the security of the prison system.
DOC 302.19 History
History: Cr.
Register, August, 1979, No. 284, eff. 9-1-79; am. (7), renum. (9) to be (10), cr. (9),
Register, February, 1987, No. 374, eff. 3-1-87; emerg. r. and recr., eff. 12-7-88; r. and recr.
Register, August, 1989, No. 404, eff. 9-1-89;
CR 00-140: r. and recr.
Register January 2002 No. 553, eff. 2-1-02.
DOC 302.20(1)(1) The director, section chief or a classification specialist may record information concerning an inmate between regularly scheduled PR regarding:
DOC 302.20(2)
(2) The classification specialist shall provide the inmate a copy of the record and shall permit the inmate to provide information at the next regularly scheduled program review.
DOC 302.20 History
History: Cr.
Register, August, 1979, No. 284, eff. 9-1-79; emerg. r. and recr. (1) and (3), eff. 12-7-88; r. and recr. (1) and (3),
Register, August, 1989, No. 404, eff. 9-1-89;
CR 00-140: r. and recr.
Register January 2002 No. 553, eff. 2-1-02.
DOC 302.205
DOC 302.205
Emergency suspension of rules. The secretary may temporarily suspend the rules specified in this chapter if the warden determines that there is a disturbance or an emergency.
DOC 302.205 History
History: CR 00-140: cr.
Register January 2002 No. 553, eff. 2-1-02.
DOC 302.21(1)
(1)
Timeliness in computing dates and informing inmates. DOC 302.21(1)(a)(a) Within 10 working days after a person arrives at a correctional institution following sentencing or after an inmate returns from escape, the registrar shall compute the inmate's parole eligibility date, projected mandatory release date and projected discharge date, and shall inform the inmate in writing of these dates.
DOC 302.21(1)(b)
(b) Within a reasonable time after an inmate arrives at a correctional institution following revocation of probation, discretionary parole or mandatory release parole, the registrar shall inform the inmate in writing of the inmate's parole eligibility date, projected mandatory release date and projected discharge date.
DOC 302.21(1)(c)
(c) Within a reasonable time after the registrar becomes aware of any change in an inmate's parole eligibility date, projected mandatory release date or projected discharge date, the registrar shall inform the inmate in writing of that change. For an inmate not covered by
1983 Wis. Act 528, the projected mandatory release date may change due to loss of good time or failure to earn extra good time. For an inmate who, on or after June 1, 1984, committed the crime for which he or she was sentenced and for other inmates who chose to have
1983 Wis. Act 528 apply to them, the mandatory release date may be extended as a penalty for misconduct under
ch. DOC 303.
DOC 302.21(2)(a)(a) Except for an inmate serving a life sentence and as otherwise specified in
chs. DOC 302 to
326, an inmate who committed a crime before November 3, 1983, shall be eligible for parole when one-half of the minimum sentence for the crime for which the person was convicted less all credit to which the inmate is entitled pursuant to s.
973.155, Stats., has been served. An inmate who committed a crime on or after November 3, 1983, shall be eligible for parole when 25% of the sentence imposed, or 6 months, whichever is greater, less all credit to which the inmate is entitled pursuant to s.
973.155, Stats., has been served. However, in no case may any inmate be eligible for parole before 60 days has elapsed from the date of the inmate's arrival at the institution. If an inmate was sentenced for more than one crime, he or she shall be eligible for parole on each sentence in order to be considered for parole. If an inmate has received a consecutive sentence, the inmate may not begin serving the consecutive sentence for purposes of parole eligibility until the person has become eligible for parole on the first sentence.
DOC 302.21(2)(b)1.1. An inmate serving a life sentence who is not covered by
1983 Wis. Act 528 is eligible for parole after serving 11 years and 3 months, a period which may be extended for misconduct by forfeiture of good time under
ch. DOC 303.
DOC 302.21(2)(b)2.
2. An inmate serving a life sentence who is covered by
1983 Wis. Act 528 is eligible for parole after serving 13 years and 4 months, a period which may be extended for misconduct under
ch. DOC 303.
DOC 302.21(3)
(3) Determination of projected mandatory release date. DOC 302.21(3)(a)1.
1. The projected mandatory release date is the date on which the inmate is to be released from the institution, if not granted parole earlier, and provided that the inmate earns all the statutory and extra good time for which he or she is eligible unless good time is waived or forfeited in accordance with this chapter and
ch. DOC 303;
DOC 302.21(3)(a)2.
2. The projected mandatory release date shall be the maximum term to which the inmate was sentenced, reduced by any sentence credit granted pursuant to s.
973.155, Stats., and by the statutory and extra good time the inmate may earn during the sentence. Statutory good time shall be credited from the beginning date of the inmate's sentence. Extra good time shall be credited beginning on the date following the inmate's date of arrival at the institution;
DOC 302.21(3)(a)3.
3. The registrar, in determining the projected mandatory release date of an inmate who is serving consecutive sentences for crimes which occurred before the person was committed under any of the sentences, shall treat the sentences as one continuous sentence for the purposes of good time credit; and
DOC 302.21(3)(a)4.
4. The registrar, in determining the projected mandatory release date of an inmate who is serving a consecutive sentence for a crime which was committed while the person was serving another sentence or on parole, shall treat the second sentence as a separate sentence. Accordingly, statutory good time shall be computed on the second sentence as if it were a first sentence.
DOC 302.21(3)(b)1.
1. The projected mandatory release date is the date on which the inmate is to be released from the institution, if not granted parole earlier, unless that date is extended pursuant to
s. DOC 303.84 for violation of a disciplinary rule or the resident waives entitlement to mandatory release in accordance with this chapter;
DOC 302.21(3)(b)2.
2. The projected mandatory release date shall be two-thirds the maximum term to which the inmate was sentenced, reduced by any sentence credit granted pursuant to s.
973.155, Stats. Inmates whose crimes were committed before June 1, 1984, but who chose to have
1983 Wis. Act 528 apply to them shall have their mandatory release dates extended by prior forfeitures of statutory and extra good time for misconduct in the institution or on parole. Inmates covered by
1983 Wis. Act 528 do not earn statutory or extra good time; and
DOC 302.21(3)(b)3.
3. The registrar, in determining the projected mandatory release date of an inmate who is serving consecutive sentences, shall treat all consecutive sentences, no matter when the crimes were committed, as one continuous sentence.
DOC 302.21(3)(c)1.
1. The registrar, in determining the projected mandatory release date of an inmate serving concurrent sentences imposed at the same time, shall consider the longer sentence as controlling. Each sentence shall begin on the date the sentence is imposed, less any sentence credit granted pursuant to s.
973.155, Stats.; and
DOC 302.21(3)(c)2.
2. The registrar, in determining the projected mandatory release date of an inmate serving concurrent sentences imposed at different times, shall treat each sentence as beginning on the date that it was imposed, less any sentence credit granted to s.
973.155, Stats.
DOC 302.21 History
History: Cr.
Register, August, 1979, No. 284, eff. 9-1-79; r. and recr.
Register, February, 1987, No. 374, eff. 3-1-87.
DOC 302.22
DOC 302.22
Ambiguity in sentence. If a registrar is uncertain as to the terms of a sentence imposed on a resident, the registrar shall notify the court of the uncertainty in writing. The registrar shall also inform the resident in writing of the uncertainty and inform the resident of the legal services available at the institution to assist the resident.
DOC 302.22 History
History: Cr.
Register, August, 1979, No. 284, eff. 9-1-79.
DOC 302.23
DOC 302.23
Discretionary parole violators not subject to 1983 Wis. Act 528. DOC 302.23(1)
(1) This section applies to inmates who, before June 1, 1984, committed the crime for which they were sentenced and did not choose to have
1983 Wis. Act 528 apply to them.
DOC 302.23(2)
(2) In this section, "discretionary parole violator" means an inmate released by the parole commission under s.
304.06 (1) (a), Stats., who violated parole prior to his or her mandatory release date.
DOC 302.23(3)
(3) A discretionary parole violator shall receive credit toward the satisfaction of the sentence from the beginning date of the sentence until the date of violation of parole determined by a department of administration hearing examiner.
DOC 302.23(4)
(4) A discretionary parole violator shall receive credit as determined by a department of administration hearing examiner for all time from the date of placement in custody after violation to the date of return to the institution, including statutory good time for the period during which the parolee was in custody. In this subsection, "in custody" means any time the parolee spent confined, as described in s.
973.155 (1), Stats., in connection with the violation.
DOC 302.23(5)
(5) A discretionary parole violator may not be released until he or she has served the sentence to the recomputed mandatory release date plus tolled time defined in
s. DOC 331.15 and forfeited good time less good time earned on the forfeited good time in accordance with the hearing examiner's decision. The maximum discharge date shall be extended by the amount of time tolled.
DOC 302.23(6)
(6) A department of administration hearing examiner may require a discretionary parole violator to serve forfeited statutory and extra good time. The amount of good time forfeited may not exceed the good time earned as of the date of violation. The hearing examiner may allow a discretionary parole violator to earn good time on the amount forfeited. If allowed, good time shall be earned at the rate applicable on the date of violation as a continuous sentence.
DOC 302.23 History
History: Cr.
Register, August, 1979, No. 284, eff. 9-1-79; emerg. r. and recr. eff. 9-10-86; r. and recr.
Register, February, 1987, No. 374, eff. 3-1-87.
DOC 302.24
DOC 302.24
Mandatory release parole violators not subject to 1983 Wis. Act 528. DOC 302.24(1)
(1) This section applies to inmates who, before June 1, 1984, committed the crimes for which they were sentenced and did not choose to have
1983 Wis. Act 528 apply to them.
DOC 302.24(2)
(2) In this section, "mandatory release parole violator" is a person who violated parole after the mandatory release date, regardless of how the person was originally released.
DOC 302.24(3)
(3) A mandatory release parole violator shall receive credit toward the satisfaction of sentence from the beginning date of the sentence to the mandatory release date.
DOC 302.24(4)
(4) A mandatory release parole violator shall receive credit as determined by a department of administration hearing examiner for all time from the date of placement in custody after the mandatory release date to the date of return to the institution, including statutory good time for the period during which the parolee was in custody. In this subsection, "in custody" means any time the parolee spent confined, as described in s.
973.155 (1), Stats., in connection with the violation.
DOC 302.24(5)
(5) A department of administration hearing examiner may require a mandatory release parole violator to serve forfeited statutory and extra good time. The amount of time forfeited may not exceed the amount of time from the mandatory release date to the maximum discharge date. The hearing examiner may allow a mandatory release parole violator to earn good time on the amount forfeited. If allowed, good time shall be earned at the rate applicable on the mandatory release date as a continuous sentence.
DOC 302.24(6)
(6) A mandatory release parole violator's maximum discharge date may be extended by an amount of time no greater than the amount of time tolled under
s. DOC 331.15 plus the period from the mandatory release date to the date of violation.
DOC 302.24 History
History: Cr.
Register, August, 1979, No. 284, eff. 9-1-79; emerg. r. and recr. eff. 9-10-86; r. and recr.
Register, February, 1987, No. 374, eff. 3-1-87.
DOC 302.25
DOC 302.25
Parole violators subject to 1983 Wis. Act 528. DOC 302.25(1)(1) This section applies to inmates who, on or after June 1, 1984, committed the crimes for which they were sentenced and to other inmates who chose to have
1983 Wis. Act 528 apply to them.
DOC 302.25(2)
(2) In this section, "a parole violator" means a discretionary parole violator, as defined in
s. DOC 302.23, or a mandatory release parole violator, as defined in
s. DOC 302.24.
DOC 302.25(3)
(3) A parole violator shall receive credit toward the satisfaction of the sentence from the beginning date of the sentence to the date of release to field supervision.
DOC 302.25(4)
(4) A parole violator shall receive credit as determined by a department of administration hearing examiner for all periods during which the parolee was in custody following the date of release. In this subsection, "in custody"means any time the parolee spent confined, as described in s.
973.155 (1), Stats., in connection with the violation.
DOC 302.25(5)
(5) A department of administration hearing examiner may require a parole violator to serve a period of confinement in a correctional institution up to the remainder of the sentence. The remainder of the sentence is the entire sentence less time served in custody prior to release to field supervision. This period of confinement is subject to extensions for misconduct in accordance with
ch. DOC 303.
DOC 302.25(6)
(6) A parole violator's maximum discharge date shall be reestablished by counting the number of days equal to the remainder of the sentence beginning from the date of custody after violation of parole.
DOC 302.25 History
History: Cr.
Register, February, 1987, No. 374, eff. 3-1-87.
DOC 302.26
DOC 302.26
Discretionary release for parole violators. Nothing in this chapter shall limit the authority of the parole commission to grant a discretionary parole in accordance with
ch. PAC 1 to an inmate who had been previously paroled, revoked and returned to the institution.
DOC 302.26 History
History: Cr.
Register, February, 1987, No. 374, eff. 3-1-87; correction made under s. 13.93 (2m) (b) 7., Stats.,
Register, June, 1994, No. 462.
