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.
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.
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:
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;
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;
Good time or mandatory release that is waived shall not be reinstated, except for good cause;
A request to waive good time or mandatory release shall be made in writing by the inmate or person on mandatory release; and
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.
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:
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;
An inmate wants to complete an educational or vocational program begun in the correctional facility;
Time is needed to reestablish a release plan that is no longer functional; or
Another objective that promotes the individual's reintegration into society will be accomplished.
DOC 302.30 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.
Extra good time for inmates not covered by 1983 Wis. Act 528. DOC 302.31(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.
(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:
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)
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
Is eligible for an assignment but has not been offered one by the program review committee (PRC) under ch. DOC 302
In administrative confinement under ch. DOC 308
and was earning extra good time credit in his or her status immediately prior to this confinement;
In observation under ch. DOC 311
and was earning extra good time credit in his or her status immediately prior to this confinement;
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;
Participating in a correspondence course approved for study assignment by the PRC;
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;
In sick cell status and he or she was earning extra good time credit in the status immediately prior to this status; or
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.
(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:
Is involuntarily unassigned for reasons other than those stated under sub. (2) (b)
, for instance, to simply avoid work or study;
Refuses to accept a work or study assignment offered by the PRC; or
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.
(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.
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.
The criteria under sub. (3)
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.
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.
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.
Each supervisor shall make a written evaluation of the inmate's performance under the following circumstances;
If the supervisor does not recommend extra good time credit for an inmate for a particular month based on the inmate's performance; or
The inmate's social worker requests a written performance evaluation.
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.
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.
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.
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).
Any question regarding an inmate's eligibility for credit under sub. (1)
shall be referred to the superintendent for resolution.
If an inmate is entitled to extra good time for any fraction of a calendar day, that whole day shall be credited.
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
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
Special action release program. DOC 302.32(1)(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.
"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.
"Department" means the Wisconsin department of corrections.
"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.
"Discretionary parole" means release of an inmate from the institution on recommendation of the parole commission under ch. PAC 1
"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.
"Parole-eligible" means qualified to be considered for discretionary parole pursuant to s. 304.06
, Stats., and ch. PAC 1
"Secretary" means the secretary of the department or the secretary's designee.
"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.
"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.
"Social worker" means the institution social worker to whom an inmate is assigned.
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.
(3) Eligibility for special action release consideration. DOC 302.32(3)(a)(a)
To be eligible for special action release consideration, an inmate:
Shall have served a minimum of 6 months in the Wisconsin state prison system;
May not have been granted a special action release previously, if the inmate is currently serving time on a new criminal conviction;
May never have had a felony or misdemeanor conviction for an assaultive crime;
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:
The inmate is to be released to a structured living arrangement such as a halfway house;
The inmate's age or physical condition makes repeat of the assaultive conduct unlikely;
Shall agree to intensive supervision and any other special conditions the secretary under sub. (7) (a)
or the parole agent under sub. (7) (b)
If he or she is to be supervised in another state, shall be accepted for supervision by that other state.
No special action release may be granted more than 12 months prior to the inmate's mandatory release date.
An inmate in an affected correctional institution may be eligible for SAR consideration without meeting the criteria under pars. (a) 3.
The department is subject to a court order or consent decree entered on or prior to August 24, 1988, which imposes a maximum population capacity for or otherwise requires inmate releases from a correctional institution;
The inmate is not currently serving time on a felony or misdemeanor conviction for an assaultive crime;