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) (2)Determination of parole eligibility date.
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)(a) For an inmate not covered by 1983 Wis. Act 528:
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) (b) For an inmate covered by 1983 Wis. Act 528:
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 303.72 for violation of a disciplinary rule or the inmate waives entitlement to mandatory release in accordance with this chapter;
DOC 302.21 Note Note: Subd. 1. is shown as amended by CR 11-022 eff. 1-1-15. Prior to 1-1-15 it reads:
DOC 302.21 Note 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) (c) For any inmate:
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; CR 11-022: am. (3) (b) 1. Register September 2014 No. 705, eff. 1-1-15.
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 302.26Discretionary 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.
DOC 302.27 DOC 302.27 Revocation of probation. When probation is revoked, the probationer shall receive credit toward the satisfaction of sentence as follows:
DOC 302.27(1) (1) If the probationer has already been sentenced, the term of the sentence shall begin on the date the probationer enters the prison. The length of the term shall be reduced by the sentence credit granted pursuant to s. 973.155 (1), Stats.;
DOC 302.27(2) (2) If the probationer has not been sentenced, he or she shall be returned to court for sentencing and, unless the sentence is consecutive, the term of the sentence shall begin on the date of sentencing; and
DOC 302.27(3) (3) Every probationer whose probation is revoked shall receive credit toward the satisfaction of the sentence, including sentence credit in accordance with s. 973.155 (1), Stats., for all periods during which the probationer was in custody. Probationers not subject to 1983 Wis. Act 528 shall receive credit for statutory good time earned while in this custody. Probationers subject to 1983 Wis. Act 528 are not eligible to earn good time.
DOC 302.27 History History: Cr. Register, February, 1987, No. 374, eff. 3-1-87.
DOC 302.28 DOC 302.28 Sentence credit.
DOC 302.28(1)(1) A department of administration hearing examiner shall, upon proper proof and verification, make sentence credit determinations and issue appropriate orders in the following situations:
DOC 302.28(1)(a) (a) When parole is revoked and sentence is credited subject to the provisions of ss. DOC 302.23, 302.24, and 302.25;
DOC 302.28(1)(b) (b) When probation is revoked for a probationer whose sentence was imposed and stayed; and
DOC 302.28(1)(c) (c) When judgments were entered prior to May 17, 1978, the effective date of s. 973.155, Stats.;
DOC 302.28(2) (2) In situations not covered by sub. (1) the department of administration may not make sentence credit determinations and shall refer requests for sentence credit to the sentencing court.
DOC 302.28 History History: Cr. Register, February, 1987, No. 374, eff. 3-1-87.
DOC 302.29 DOC 302.29 Effect of escape on sentence. A resident who escapes from custody shall receive no credit toward the service of the sentence during the period the person is unlawfully absent from custody. A resident shall be regarded as unlawfully absent unless he or she is in the custody of law enforcement officials of any state or the United States in connection with the escape, except that the person shall be treated as unlawfully absent while in custody serving a sentence other than a sentence to a Wisconsin correctional institution.
DOC 302.29 History History: Cr. Register, August, 1979, No. 284, eff. 9-1-79; renum. from HSS 302.25, Register, February, 1987, No. 374, eff. 3-1-87.
DOC 302.30 DOC 302.30 Waiver of good time or entitlement to mandatory release.
DOC 302.30(1)(1) In this section "good time" means credit which diminishes an inmate's period of incarceration, and includes both statutory good time, under s. 53.11, 1981 Stats., which is credit for good conduct and performing all required duties, and extra good time, which is credit for diligence and which is earned according to the conditions and procedures set forth in s. DOC 302.27. Inmates who committed crimes before June 1, 1984, and did not choose to have 1983 Wis. Act 528 apply to them earn good time.
DOC 302.30(2) (2) An inmate or a person on mandatory release may waive good time and an inmate or person on mandatory release who committed an offense on or after June 1, 1984, or who makes a written request to the department pursuant to section 29 of 1983 Wis. Act 528, may waive entitlement to mandatory release. All waivers are subject to approval by the department.
DOC 302.30(3) (3) The inmate or person on mandatory release who wants to waive good time or mandatory release shall do this in accordance with the following conditions and procedures:
DOC 302.30(3)(a) (a) Except in an emergency, an inmate's request to waive good time or mandatory release shall be made not earlier than 90 days before the projected mandatory release date and not later than 30 days before that date;
DOC 302.30(3)(b) (b) Not less than 15 days and not more than 180 days of good time may be waived at one time, and similarly a waiver may not result in extending the mandatory release date for less than 15 days or more than 180 days, except that a person on mandatory release may waive 360 days of good time at one time;
DOC 302.30(3)(c) (c) Good time or mandatory release that is waived shall not be reinstated, except for good cause;
DOC 302.30(3)(d) (d) A request to waive good time or mandatory release shall be made in writing by the inmate or person on mandatory release; and
DOC 302.30(3)(e) (e) The inmate shall consult with his or her social worker and the person on mandatory release shall consult with his or her parole agent before the department will make a decision to approve a waiver of good time or of mandatory release.
DOC 302.30(4) (4) The administrator of the division of adult institutions or a designee shall make decisions on waivers by inmates, and the administrator of the division of probation and parole or a designee shall make decisions on waivers by mandatory release parolees. The administrator or designee shall evaluate each request according to the criteria in this subsection and shall make a record of the reasons for the decision. Waiver requests may be approved only if extension of incarceration or new incarceration does not contribute to unreasonable overcrowding or threaten institutional security and only if:
DOC 302.30(4)(a) (a) An inmate or person on mandatory release wants to complete an on-going course of medical treatment or care for an illness or injury which began in the correctional facility;
DOC 302.30(4)(b) (b) An inmate wants to complete an educational or vocational program begun in the correctional facility;
DOC 302.30(4)(c) (c) Time is needed to reestablish a release plan that is no longer functional; or
DOC 302.30(4)(d) (d) Another objective that promotes the individual's reintegration into society will be accomplished.
DOC 302.30 History History: Cr. Register, August, 1979, No. 284, eff. 9-1-79; emerg. am. eff. 8-5-85; am. Register, February, 1986, No. 362, eff. 3-1-86; renum. from HSS 302.26, Register, February, 1987, No. 374, eff. 3-1-87.
DOC 302.31 DOC 302.31 Extra good time for inmates not covered by 1983 Wis. Act 528.
DOC 302.31(1) (1) This section does not apply to inmates who committed crimes on or after June 1, 1984, and to other inmates who chose to have 1983 Wis. Act 528 apply to them.
DOC 302.31(2) (2)Conditions for earning credit. In order to provide an incentive to inmates in approved work and study programs to develop and reinforce positive behavior, and to promote institutional order, an inmate shall earn extra good time credit if he or she is:
DOC 302.31(2)(a) (a) Assigned to a vocational, job, school, or program assignment under ch. DOC 302 and surpasses the general average in diligence in labor or study for that assignment (see sub. (4));
DOC 302.31(2)(b) (b) Involuntarily unassigned and:
DOC 302.31(2)(b)1. 1. His or her last assignment was terminated because of medical or psychological problems caused or aggravated by the assignment, which were verified by the clinical staff and which made it difficult or impossible to perform in the assignment, and the appropriate staff member was notified within 2 working days after termination of the last assignment, of the inmate's willingness to work at another assignment consistent with his or her abilities; or
DOC 302.31(2)(b)2. 2. Is eligible for an assignment but has not been offered one by the program review committee (PRC) under ch. DOC 302;
DOC 302.31(2)(c) (c) In administrative confinement under ch. DOC 308 and was earning extra good time credit in his or her status immediately prior to this confinement;
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Published under authority of s. 35.93, Stats. Updated on the first day of each month. Entire code is alwaycurrent. The date shown on each chapter is the date the chapter was last published.