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;
DOC 302.31(5)(a)2.
2. If the supervisor does not recommend extra good time credit for an inmate for a particular month based on the inmate's performance; or
DOC 302.31(5)(a)3.
3. The inmate's social worker requests a written performance evaluation.
DOC 302.31(5)(b)
(b) The written evaluation under
par. (a) shall indicate whether or not extra good time credit is recommended for an inmate. If extra good time is not recommended for a particular month, the reasons for this decision shall be noted on the evaluation.
DOC 302.31(5)(c)
(c) If extra good time credit is not recommended for an inmate for a particular month, he or she shall receive written notice of the decision from the supervisor, including the reasons for it, within 5 working days of the decision.
DOC 302.31(5)(d)
(d) An inmate may appeal a decision under
sub. (4) to his or her supervisor within 5 days of receipt of notice. The supervisor shall have the authority to amend his or her earlier decision in favor of the inmate within 5 working days of the appeal. If amended, the registrar and the inmate shall receive written notification of the change and the reasons for it. Failure by the supervisor to render a decision within the allowed time shall signify an affirmance of the earlier decision, and the inmate shall be notified of this.
DOC 302.31(5)(e)
(e) If the supervisor fails to amend his or her earlier decision within the time allowed, the inmate may appeal to the superintendent within 5 working days after that time. If the superintendent fails to render a decision within 5 working days after the appeal, the decision of the supervisor under
sub. (10) is affirmed, and the inmate shall be notified of this.
DOC 302.31 Note
Note: There is no DOC 302.31 (10).
DOC 302.31(5)(f)
(f) Any question regarding an inmate's eligibility for credit under
sub. (1) or
(2) shall be referred to the superintendent for resolution.
DOC 302.31(6)(a)
(a) If an inmate is entitled to extra good time for any fraction of a calendar day, that whole day shall be credited.
DOC 302.31(6)(b)
(b) An inmate shall earn fractions of one day of extra good time for each day in a status entitling the inmate to credit.
DOC 302.31 History
History: Cr.
Register, May, 1981, No. 305, eff. 6-1-81; renum. from HSS 302.27, cr. (1),
Register, February, 1987, No. 374, eff. 3-1-87; r. (5) (intro.), renum. (5) (a) to (d) to be (c) to (f), cr. (5) (a) and (b),
Register, June, 1989, No. 402, eff. 7-1-89; correction in (3) (b) made under s. 13.93 (2m) (b) 7., Stats.,
Register December 2006 No. 612.
DOC 302.32
DOC 302.32
Special action release program. DOC 302.32(1)(a)
(a) "Agent of record" or "agent" means the employee of the department's division of probation and parole to whom an inmate is assigned before release under this section.
DOC 302.32(1)(b)
(b) "Assaultive conduct" means an action inside or outside a correctional institution that results in or is intended to result in physical harm to another. Inside a correctional institution, assaultive conduct may be evidenced by violations of the department's disciplinary rules under
ch. DOC 303, which demonstrate physical harm to another or an intention to physically harm another.
DOC 302.32(1)(c)
(c) "Department" means the Wisconsin department of corrections.
DOC 302.32(1)(d)
(d) "Detainer" means a writ or instrument issued or made by a competent officer, directing the keeper of a prison to notify the issuing authority when the named person is about to be released so that the issuing authority may obtain custody of the named person if appropriate.
DOC 302.32(1)(e)
(e) "Discretionary parole" means release of an inmate from the institution on recommendation of the parole commission under
ch. PAC 1.
DOC 302.32(1)(f)
(f) "Mandatory release" means release of an inmate from the institution to supervision as required by s.
302.11, Stats., if not granted discretionary parole or special action release earlier.
DOC 302.32(1)(g)
(g) "Parole-eligible" means qualified to be considered for discretionary parole pursuant to s.
304.06, Stats., and
ch. PAC 1.
DOC 302.32(1)(h)
(h) "Secretary" means the secretary of the department or the secretary's designee.
DOC 302.32(1)(i)
(i) "SAR" or "special action release" means release of an inmate from the institution to parole supervision by decision of the secretary or the secretary's designee prior to mandatory release or a discretionary parole recommended by the parole commission.
DOC 302.32(1)(j)
(j) "SAR coordinator" means the employee of the department who assembles all documents on an inmate relevant to SAR consideration and submits them to the secretary.
DOC 302.32(1)(k)
(k) "Social worker" means the institution social worker to whom an inmate is assigned.
DOC 302.32(2)
(2) Purpose. The special action release program is intended to relieve crowding in state prisons by releasing select prisoners to parole supervision using a procedure other than mandatory release or a discretionary parole recommended by the parole commission. The program intends to maintain the highest possible levels of public safety commensurate with good correctional practice by basing release determinations on individual differences among inmates, their offenses, their institutional records, and their abilities to comply with the rules of parole and to maintain themselves in open society without engaging in criminal activity.
DOC 302.32(3)
(3) Eligibility for special action release consideration. DOC 302.32(3)(a)(a) To be eligible for special action release consideration, an inmate:
DOC 302.32(3)(a)2.
2. Shall have served a minimum of 6 months in the Wisconsin state prison system;
DOC 302.32(3)(a)3.
3. May not have been granted a special action release previously, if the inmate is currently serving time on a new criminal conviction;
DOC 302.32(3)(a)4.
4. May never have had a felony or misdemeanor conviction for an assaultive crime;
DOC 302.32(3)(a)5.
5. May not have a known history of assaultive conduct inside or outside of a correctional institution, except that an inmate who has a known history of assaultive conduct that did not result in a conviction may be considered for special action release if one of the following applies:
