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.
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(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)(b)
(b) When probation is revoked for a probationer whose sentence was imposed and stayed; and
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)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;
DOC 302.31(2)(d)
(d) In observation under
ch. DOC 311 and was earning extra good time credit in his or her status immediately prior to this confinement;
DOC 302.31(2)(e)
(e) In temporary lockup (TLU) under
ch. DOC 303 and was earning extra good time credit in his or her prior status; or in TLU immediately after being in program adjustment, or control segregation under
ch. DOC 303, and he or she was earning extra good time credit in the prior nonsegregation status. If the inmate's status in TLU is a result of a disciplinary charge, he or she may earn extra good time credit until the time of the disposition of the charge. If found innocent, the inmate may continue to earn extra good time credit. If found guilty, the inmate shall not thereafter be eligible to earn extra good time credit until he or she leaves segregation;
DOC 302.31(2)(f)
(f) Participating in a correspondence course approved for study assignment by the PRC;
DOC 302.31(2)(g)
(g) Out of the institution for a court appearance or dental or medical appointment and he or she was earning extra good time credit in the status immediately prior to leaving the institution for such matters;
DOC 302.31(2)(h)
(h) In sick cell status and he or she was earning extra good time credit in the status immediately prior to this status; or
DOC 302.31(2)(i)
(i) In a hospital placement (including those inmates transferred to mental health or medical facilities) and was earning extra good time credit in the status immediately prior to this status.
DOC 302.31(3)
(3) Conditions under which extra good time credit shall not be earned. An inmate shall not earn extra good time credit if the conditions under
sub. (1) are not satisfied or if he or she:
DOC 302.31(3)(b)
(b) Is involuntarily unassigned for reasons other than those stated under
sub. (2) (b), for instance, to simply avoid work or study;
DOC 302.31(3)(f)
(f) Refuses to accept a work or study assignment offered by the PRC; or
DOC 302.31(3)(g)
(g) Is in voluntary confinement — unless the inmate requested placement in this status upon the recommendation of, or with approval of the security director for the purpose of ensuring the inmate's safety and the inmate was earning extra good time prior to such placement.
DOC 302.31(4)
(4) Criteria for awarding extra good time credit. The department shall establish reasonably uniform written criteria that shall be used for the awarding of extra good time credit for all vocational, job, school, and program assignments with similar necessary skills and responsibilities within all adult correctional facilities.
DOC 302.31(4)(a)
(a) To the extent that is necessary because of the unique requirements of a vocational, job, school or programming assignment each supervisor shall establish additional reasonable criteria consistent with the necessary skills and responsibilities of that assignment that shall be used to evaluate an inmate's diligence in that assignment for the purpose of awarding extra good time credit.
DOC 302.31(4)(b)
(b) The criteria under
sub. (3) or
(4) shall be the only criteria used in the determination of whether to award credit and shall state what is meant by "the general average in diligence in labor or study" for that assignment.
DOC 302.31(4)(c)
(c) If an inmate is not capable of performing in his or her assignment at the level of "the general average in diligence," for instance, because of poor dexterity skills or mental, developmental, or physical disabilities that have been confirmed through clinical testing, the supervisor shall develop new reasonable criteria for evaluation consistent with the skills and responsibilities of that assignment and the special disabilities of the inmate, if the inmate, his or her social worker, and supervisor agree that a change of assignment is unnecessary or undesirable.
DOC 302.31(4)(d)
(d) The criteria for evaluating inmate diligence in performance for each assignment and any special criteria developed pursuant to
par. (c) shall be available to inmates prior to commencement of the assignment and to the staff upon request.
DOC 302.31(5)(a)(a) Each supervisor shall make a written evaluation of the inmate's performance under the following circumstances;
