DOC 331.11
DOC 331.11
Special revocation procedures. All clients are subject to revocation under
ss. DOC 331.03 to
331.10 except as noted under this section. Those clients committed under s.
961.47 or
971.17, Stats., or s.
54.04 or 54.07, Stats. (1975), shall follow the revocation procedures under this section and
ss. DOC 331.07 to
331.09 as follows:
DOC 331.11(1)
(1) If a client committed under s.
961.47, Stats., allegedly violates the rules or conditions of supervision, an agent shall proceed as noted under
s. DOC 331.03 (2) to
(4) and shall, upon the approval of a supervisor, notify the committing court of the alleged violation and submit a report under
s. DOC 331.03 (4) to the court within a reasonable time after becoming aware of the alleged violation. If the court decides that the client should remain on probation, supervision shall continue under the previous rules and conditions unless they are modified by the court.
DOC 331.11(2)
(2) Clients committed under s.
971.17, Stats., may only have their parole revoked by the court.
DOC 331.11(3)
(3) If a client committed under s.
54.04, Stats. (1975), allegedly violates the rules or conditions of probation, field staff shall proceed as noted under
ss. DOC 331.03 (2) to
(4) and
331.04 except that a case review shall be held and a decision issued by the supervisor within 96 hours after the detention of the client for the alleged misconduct. The supervisor may extend this time limit for good cause. If the supervisor recommends revocation, the agent shall notify the committing court of the decision within a reasonable period of time. The court shall determine whether revocation shall occur. No final revocation hearing may be held by the department. If the court decides that the client should remain on probation, supervision shall continue under the previous rules and conditions unless they are modified by the court.
DOC 331.11(4)
(4) If a client committed under s.
54.07, Stats. (1975), allegedly violates the rules or conditions of parole, field staff shall proceed as noted under
ss. DOC 331.03 (2) to
(4) and
331.04 except that a case review shall be held and a decision issued by the supervisory staff member within 96 hours after the detention of the client for the alleged misconduct. A final revocation hearing shall then be held in accordance with this section.
DOC 331.11 History
History: Renum. from HSS 31.03 (10),
Register, August, 1985, No. 356, eff. 9-1-85; correction in (intro.) and (1) made under s. 13.93 (2m) (b) 7., Stats.,
Register December 2006 No. 612.
DOC 331.12
DOC 331.12
Harmless error. If any time requirement under this chapter is exceeded, the secretary may deem it harmless and disregard it if it does not affect the client's substantive rights. Substantive rights are affected when a variance tends to prejudice a fair proceeding or disposition involving a client.
DOC 331.12 History
History: Renum. from HSS 31.03 (11) and am.,
Register, August, 1985, No. 356, eff. 9-1-85.
DOC 331.13
DOC 331.13
Good time forfeiture hearing. DOC 331.13(1)
(1)
Applicability. This section applies to a client who, before June 1, 1984, committed the crime for which he or she was sentenced and did not choose to have
1983 Wis. Act 528 apply to him or her.
DOC 331.13(2)(a)(a) Prior to a client's preliminary hearing under
s. DOC 331.04, the client's agent shall contact in writing the registrar of the institution which has the client's record and advise the registrar to provide the amount of the client's total good time that is available for forfeiture upon revocation of the client's parole supervision.
DOC 331.13(2)(b)
(b) The agent shall notify the hearing examiner's office before the final revocation hearing of the amount of good time available for forfeiture.
DOC 331.13(3)(a)(a) The agent shall recommend to the hearing examiner's office prior to the final revocation hearing that a specific amount of good time be forfeited and whether good time should be earned upon the forfeited good time upon revocation of a client's supervision. This amount of time shall be expressed in terms of days, months or years, or any combination of days, months and years. The amount of time may not be expressed in terms of fractions or percentages of time periods. The agent shall send with his or her recommendation the reasons and facts consistent with the criteria listed in
par. (b) that support the recommendation.
DOC 331.13(3)(b)
(b) The following shall be considered by the agent in recommending the amount of good time forfeited and whether good time may be earned on the amount of good time forfeited:
DOC 331.13(3)(b)4.
4. The amount of time left before mandatory release if the client is a discretionary release parolee;
DOC 331.13(3)(b)5.
5. Whether forfeiture would be consistent with the goals and objectives of field supervision under
ch. DOC 328;
DOC 331.13(3)(b)6.
6. Whether forfeiture is necessary to protect the public from the client's further criminal activity, to prevent depreciation of the seriousness of the violation or to provide a confined correctional treatment setting which the client needs; and
DOC 331.13(3)(c)
(c) The agent's supervisor shall review the agent's recommendation for a forfeiture, and the agent's recommendation shall be included in the client's chronological history along with the supervisor's comments on the recommendation.
DOC 331.13(5)
(5) Records. Relevant records relating to the forfeiture of good time shall be maintained as part of the client's record.
DOC 331.13 History
History: Cr.
Register, February, 1987, No. 374, eff. 3-1-87; removed (4) under
1989 Wis Act 107.
DOC 331.14(1)
(1)
Applicability. This section applies to a client who, on or after June 1, 1984, committed the crime for which he or she was sentenced, and to any other client who chose to have
1983 Wis. Act 528 apply to him or her.
DOC 331.14(2)(a)(a) Before an agent requests a final revocation hearing under
ch. HA 2, the agent shall, in writing, request the registrar of the institution which has the client's record to provide the amount of time remaining on the client's sentence, which is the entire sentence less time served in custody prior to release to field supervision.
DOC 331.14(2)(b)
(b) The agent shall notify the hearing examiner's office before the final revocation hearing of the amount of time available for reincarceration.
DOC 331.14(3)(a)(a) The agent shall recommend to the hearing examiner a specific period of reincarceration upon revocation of a client's supervision. This amount of time shall be expressed in terms of days, months or years, or any combination of days, months and years. The amount of time may not be expressed in fractions or percentages of time periods. The agent shall send with his or her recommendation the reasons and facts consistent with the criteria listed in
par. (b) that support the recommendation.
DOC 331.14(3)(b)
(b) The following criteria shall be considered by the agent in recommending a period of reincarceration and by the hearing examiner under
s. HA 2.06 in determining the period of reincarceration:
DOC 331.14(3)(b)4.
4. The period of reincarceration that would be consistent with the goals and objectives of field supervision under
ch. DOC 328; and
DOC 331.14(3)(b)5.
5. The period of reincarceration that is necessary to protect the public from the client's further criminal activity, to prevent depreciation of the seriousness of the violation or to provide a confined correctional treatment setting which the client needs.
DOC 331.14(3)(c)
(c) The agent's supervisor shall review the agent's recommendation for a specific period of incarceration and the agent's recommendation shall be included in the client's chronological history along with the supervisor's comments on the recommendation.
DOC 331.14(5)
(5) Records. Relevant records relating to reincarceration shall be maintained as part of the client's record.
DOC 331.14 History
History: Cr.
Register, February, 1987, No. 374, eff. 3-1-87; removed (4) under
1989 Wis. Act 107; correction in (2) (a) and (3) (b) made under s. 13.93 (2m) (b) 7., Stats.,
Register, June, 1998, No. 510.
DOC 331.15(1)(1) In this section, "tolled time" means the period of time between the date of a client's violation and the date the client's probation or parole is reinstated or revoked.
DOC 331.15(2)
(2) The period of a client's probation or parole ceases to run during tolled time in accordance with s.
304.072, Stats., subject to sentence credit for time the client spent in custody pursuant to s.
973.155 (1), Stats. If a client is subsequently reinstated rather than revoked, time shall be tolled only if the reinstatement order concludes that the client did in fact violate the rules or conditions of his or her supervision.
DOC 331.15(3)
(3) The amount of time to be tolled is officially determined by a hearing examiner or is the secretary's decision in accordance with
s. DOC 331.13 or
331.14.
DOC 331.15 History
History: Cr.
Register, February, 1987, No. 374, eff. 3-1-87; correction in (2) made under s. 13.93 (2m) (b) 7., Stats.,
Register December 2006 No. 612.
DOC 331.16(1)(1)
General. Reinstatement may only take place in accordance with this section.
DOC 331.16(2)
(2) Definition. For purposes of this section, "reinstatement" means the return of a client to field supervision after either:
DOC 331.16(2)(a)
(a) A client's personal written admission of a violation of the rules or conditions of supervision; or
DOC 331.16(2)(b)
(b) A finding by a hearing examiner or the secretary under this chapter that the client committed a violation of the rules or conditions of supervision sufficient to warrant revocation.
DOC 331.16(3)(a)(a) A client may knowingly and voluntarily make a written admission, signed and witnessed, of a violation of the rules or conditions of supervision sufficient to warrant revocation, and request reinstatement. The request shall acknowledge:
DOC 331.16(3)(a)2.
2. That the client is aware that the period between the date of violation and the date of reinstatement or revocation may be tolled, i.e., the period of the client's commitment term ceases to run during this period of time.
DOC 331.16(3)(b)
(b) A staff member may accept a client's written admission and request, and shall submit it with the report under
s. DOC 331.03 (4) to a supervisory staff member.
DOC 331.16(3)(c)
(c) The supervisory staff member shall decide whether to accept the admission and request, recommend reinstatement, and forward the admission, request and recommendation to the secretary for approval, or continue with revocation proceedings. Reinstatement shall only be recommended when it is consistent with the goals and objectives of supervision under
ch. DOC 328. The recommendation shall include a statement of the reasons for it.
DOC 331.16(3)(d)
(d) The secretary shall decide within 5 working days after receiving an admission and request and the supervisory staff member's recommendation whether to order reinstatement. A copy of the secretary's decision, stating the reasons for it, shall be sent to the client and the supervisory staff member.
DOC 331.16(3)(e)
(e) If the secretary decides that reinstatement should not occur, the revocation process may be initiated in accordance with
s. DOC 331.03.
DOC 331.16(4)(a)(a) Under
ch. HA 2, a hearing examiner may order a client reinstated after finding that the client committed a violation of the rules or conditions of supervision. Reinstatement may only be ordered when it is consistent with the goals and objectives of supervision under
ch. DOC 328. The order shall include a statement of the reasons for it.
DOC 331.16(4)(b)
(b) The date of a client's violation and the date that the client was reinstated shall be stated in the hearing examiner's order for reinstatement.
DOC 331.16(4)(c)
(c) A hearing examiner's order for reinstatement may be appealed to the secretary in accordance with
ch. HA 2.
DOC 331.16(5)
(5) Records. Relevant records relating to a client's reinstatement shall be maintained as part of the client's records.
DOC 331.16 History
History: Cr.
Register, February, 1987, No. 374, eff. 3-1-87; corrections in (4) made under s. 13.93 (2m) (b) 7., Stats.,
Register, June, 1998, No. 510.
