History: 1989 a. 31
; Stats. 1989 s. 302.095; 1991 a. 316
; 1993 a. 490
; 1995 a. 437
For violation of the rules of the prison an inmate may be confined to a solitary cell, under the care and advice of the physician.
History: 1989 a. 31
; Stats. s. 302.10.
See note to Art. I, sec. 7, citing U.S. v. Gouveia, 467 US 180 (1984).
Mandatory release. 302.11(1)(1)
The warden or superintendent shall keep a record of the conduct of each inmate, specifying each infraction of the rules. Except as provided in subs. (1g)
, each inmate is entitled to mandatory release on parole by the department. The mandatory release date is established at two-thirds of the sentence. Any calculations under this subsection or sub. (2) (b)
resulting in fractions of a day shall be rounded in the inmate's favor to a whole day.
In this subsection, "serious felony" means any of the following:
Any felony under s. 940.02
, 940.09 (1)
, 940.19 (5)
, 940.225 (1)
, 940.305 (2)
, 940.31 (1)
or (2) (b)
, 943.10 (2)
, 943.23 (1g)
, 943.32 (2)
, 948.02 (1)
, 948.03 (2) (a)
, 948.30 (2)
, 948.35 (1) (b)
The mandatory release date established in sub. (1)
is a presumptive mandatory release date for an inmate who is serving a sentence for a serious felony committed on or after April 21, 1994.
Before an incarcerated inmate with a presumptive mandatory release date reaches the presumptive mandatory release date specified under par. (am)
, the parole commission shall proceed under s. 304.06 (1)
to consider whether to deny presumptive mandatory release to the inmate. If the parole commission does not deny presumptive mandatory release, the inmate shall be released on parole. The parole commission may deny presumptive mandatory release to an inmate only on one or more of the following grounds:
Refusal by the inmate to participate in counseling or treatment that the social service and clinical staff of the institution determines is necessary for the inmate.
If the parole commission denies presumptive mandatory release to an inmate under par. (b)
, the parole commission shall schedule regular reviews of the inmate's case to consider whether to parole the inmate under s. 304.06 (1)
An inmate may seek review of a decision by the parole commission relating to the denial of presumptive mandatory release only by the common law writ of certiorari.
An inmate serving a sentence to the intensive sanctions program is entitled to mandatory release. The mandatory release date under sub. (1)
is established at two-thirds of the sentence under s. 973.032 (3) (a)
An inmate serving a life term is not entitled to mandatory release. Except as provided in ss. 939.62 (2m)
, the parole commission may parole the inmate as specified in s. 304.06 (1)
An inmate serving a term subject to s. 961.49 (2)
is entitled to mandatory release, except the inmate may not be released before he or she has complied with s. 961.49 (2)
Any inmate who violates any regulation of the prison or refuses or neglects to perform required or assigned duties is subject to extension of the mandatory release date as follows: 10 days for the first offense, 20 days for the 2nd offense and 40 days for the 3rd or each subsequent offense.
In addition to the sanctions under par. (a)
, any inmate who is placed in adjustment, program or controlled segregation status shall have his or her mandatory release date extended by a number of days equal to 50% of the number of days spent in segregation status. In administering this paragraph, the department shall use the definition of adjustment, program or controlled segregation status under departmental rules in effect at the time an inmate is placed in that status.
No extension under this section may require the inmate to serve more days in prison than provided for under the sentence.
All consecutive sentences shall be computed as one continuous sentence.
An inmate may waive entitlement to mandatory release if the department agrees to the waiver.
NOTE: 1985 Wis. Act 27
, which amended sub. (4), explains the effect of the amendment in sections 2 and 3 of the act.
Before a person is released on parole under this section, the department shall so notify the municipal police department and the county sheriff for the area where the person will be residing. The notification requirement does not apply if a municipal department or county sheriff submits to the department a written statement waiving the right to be notified. If applicable, the department shall also comply with s. 304.063
Any inmate released on parole under sub. (1)
or (1g) (b)
or s. 304.02
or 304.06 (1)
is subject to all conditions and rules of parole until the expiration of the sentence or until he or she is discharged by the department. Except as provided in ch. 304
, releases from prison shall be on the Tuesday or Wednesday preceding the release date. The department may discharge a parolee on or after his or her mandatory release date or after 2 years of supervision. Any inmate sentenced to the intensive sanctions program who is released on parole under sub. (1)
or s. 304.02
or 304.06 (1)
remains in the program unless discharged by the department under s. 301.048 (6)
The division of hearings and appeals in the department of administration, upon proper notice and hearing, or the department of corrections, if the parolee waives a hearing, may return a parolee released under sub. (1)
or (1g) (b)
or s. 304.02
or 304.06 (1)
to prison for a period up to the remainder of the sentence for a violation of the conditions of parole. The remainder of the sentence is the entire sentence, less time served in custody prior to parole. The revocation order shall provide the parolee with credit in accordance with ss. 304.072
A parolee returned to prison for violation of the conditions of parole shall be incarcerated for the entire period of time determined by the department of corrections in the case of a waiver or the division of hearings and appeals in the department of administration in the case of a hearing under par. (a)
, unless paroled earlier under par. (c)
. The parolee is not subject to mandatory release under sub. (1)
or presumptive mandatory release under sub. (1g)
. The period of time determined under par. (a)
may be extended in accordance with sub. (2)
The parole commission may subsequently parole, under s. 304.06 (1)
, and the department may subsequently parole, under s. 304.02
, a parolee who is returned to prison for violation of a condition of parole.
A parolee who is subsequently released either after service of the period of time determined by the department of corrections in the case of a waiver or the division of hearings and appeals in the department of administration in the case of a hearing under par. (a)
or by a grant of parole under par. (c)
is subject to all conditions and rules of parole until expiration of sentence or discharge by the department.
The department may promulgate rules under ch. 227
establishing guidelines and criteria for the exercise of discretion under this section.
Except as provided in sub. (1g) (am)
, this section applies to persons committing offenses occurring on or after June 1, 1984, or persons filing requests in accordance with 1983 Wisconsin Act 528, section 29 (2)
The department cannot delegate to a review board the authority to forfeit good time; it cannot affirm the decision of such a board. State ex rel. Farrell v. Schubert, 52 W (2d) 351, 190 NW (2d) 529.
Due process requirements in a disciplinary proceeding listed. Steele v. Gray, 64 W (2d) 422, 219 NW (2d) 312. Rehearing.
A defendant convicted of a sex crime and committed to the department of health and social services for a mandatory examination not to exceed 60 days to determine whether he is in need of specialized treatment is not entitled to credit therefor against a maximum sentence thereafter imposed. Mitchell v. State, 69 W (2d) 695, 230 NW (2d) 884.
Subsequent to the revocation of parole, a mandatory release parolee—or a discretionary parolee whose mandatory release has occurred during his parole—is entitled at the discretionary determination as to how much of his good time will be forfeited to at least those due process procedures presently available to a discretionary parole violator in the same situation. Putnam v. McCauley, 70 W (2d) 256, 234 NW (2d) 75.
Inmate's procedural rights in disciplinary proceeding discussed. State ex rel. Meeks v. Gagnon, 95 W (2d) 115, 289 NW (2d) 357 (Ct. App. 1980).
Due process in disciplinary hearing requires record sufficient for judicial review. Major change in condition of confinement gives rise to minimum due process requirements under Wolff v. McDonald, 418 US 539. State ex rel. Irby v. Israel, 95 W (2d) 697, 291 NW (2d) 643 (Ct. App. 1980).
A person serving consecutive sentences is subject to revocation and reincarceration for the remainder of both sentences if a parole violation is committed prior to discharge of the first sentence. Ashford v. Division of Hearings and Appeals, 177 W (2d) 34, 501 NW (2d) 824 (Ct. App. 1993).
Calculation of mandatory release dates for pre-June 1, 1994 crimes discussed. State ex. rel. Parker v. Sullivan, 184 W (2d) 668, 517 NW (2d) 449 (1994).
The department is not at this time required by law to restore forfeited good time allowances or immediately to release anyone committed under the sex crimes act whose maximum term of commitment including forfeited good time has not expired. 61 Atty. Gen. 77.
Mandatory release parolee has a protectible interest, including a conditional liberty interest, in being free from involuntary use of psychotropic drugs; Wisconsin procedure imposing administration of these drugs as parole condition is unconstitutional. Felce v. Feidler, 974 F (2d) 1484 (1992).
A prisoner released on parole is not entitled to an absolute discharge because this was granted other prisoners, in the absence of a showing of an abuse of discretion by the department. Hansen v. Schmidt, 329 F Supp. 141.
A prisoner is not entitled to counsel at a hearing at which his good time is forfeited for parole violation. Sanchez v. Schmidt, 352 F Supp. 628.
See note to 973.15, citing Monsour v. Gray, 375 F Supp. 786.
Prisoner whose parole was revoked on or about May 27, 1970 was entitled to a hearing prior to revocation of his good time credits. Sillman v. Schmidt, 394 F Supp. 1370.
Notification prior to expiration of sentence. 302.115(1)(a)
"Member of the family" means spouse, child, sibling, parent or legal guardian.
"Victim" means a person against whom a crime has been committed.
Before an inmate who is in a prison serving a sentence for a violation of s. 940.01
, 940.225 (1)
, 948.02 (1)
is released from imprisonment because he or she has reached the expiration date of his or her sentence, the department shall make a reasonable effort to notify all of the following persons, if they can be found, in accordance with sub. (3)
and after receiving a completed card under sub. (4)
The victim of the crime committed by the inmate or, if the victim died as a result of the crime, an adult member of the victim's family or, if the victim is younger than 18 years old, the victim's parent or legal guardian.
Any witness who testified against the inmate in any court proceeding involving the offense.
The department shall make a reasonable effort to send the notice, postmarked at least 7 days before an inmate's sentence expires and he or she is released from imprisonment, to the last-known address of the persons under sub. (2)
The department shall design and prepare cards for any person specified in sub. (2)
to send to the department. The cards shall have space for any such person to provide his or her name and address, the name of the applicable inmate and any other information the department determines is necessary. The department shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in sub. (2)
. These persons may send completed cards to the department. All department records or portions of records that relate to mailing addresses of these persons are not subject to inspection or copying under s. 19.35 (1)
History: 1993 a. 479
Reward of merit. 302.12(1)(1)
The department may provide by rule for the payment of money to inmates. The rate may vary for different prisoners in accordance with the pecuniary value of the work performed, willingness, and good behavior. The payment of money to inmates working in the prison industries shall be governed by s. 303.01 (4)
Money accruing under this section remains under the control of the department, to be used for the crime victim and witness assistance surcharge under s. 973.045 (4)
, the deoxyribonucleic acid analysis surcharge under s. 973.046
and the benefit of the inmate or the inmate's family or dependents, under rules promulgated by the department as to time, manner and amount of disbursements.
History: 1975 c. 396
; 1983 a. 27
; 1985 a. 332
s. 251 (6)
; 1989 a. 31
; Stats. 1989 s. 302.12; 1993 a. 16
Denying industrial good time to inmates sentenced to life imprisonment does not violate equal protection clause. Parker v. Percy, 105 W (2d) 486, 314 NW (2d) 166 (Ct. App. 1981).
Preservation of property an inmate brings to prison.
The department shall preserve money and effects, except clothes, in the possession of an inmate when admitted to the prison and, subject to the crime victim and witness assistance surcharge under s. 973.045 (4)
and the deoxyribonucleic acid analysis surcharge under s. 973.046
, shall restore the money and effects to the inmate when discharged.
History: 1973 c. 90
; 1983 a. 27
; 1985 a. 120
; 1989 a. 31
; Stats. 1989 s. 302.13; 1993 a. 16
Property of deceased inmates, parolees or probationers, disposition.
When an inmate of a prison or a parolee of an institution or a person on probation to the department dies leaving an estate of $150 or less in the trust of the warden, superintendent or secretary, the warden, superintendent or secretary shall try to determine whether or not the estate is to be probated. If probate proceedings are not commenced within 90 days, the warden, superintendent or secretary shall turn over the money or securities to the nearest of kin as evidenced by the records of the institution and the department.
History: 1989 a. 31
; Stats. 1989 s. 302.14.
Activities off grounds.
The wardens and superintendents of the state prisons, and all wardens and superintendents of county prisons, jails, camps and houses of correction enumerated in ch. 303
, may take inmates away from the institution grounds for rehabilitative and educational activities approved by the department and under such supervision as the superintendent or warden deems necessary. While away from the institution grounds an inmate is deemed to be under the care and control of the institution in which he or she is an inmate and subject to its rules and discipline.
History: 1971 c. 54
; 1989 a. 31
; Stats. 1989 s. 302.15.
Register of inmates. 302.17(1)(1)
When any inmate is received into any state penal institution the department shall register the date of admission, the name, age, nativity and nationality and such other facts as may be obtained as to parentage, education and previous history and environments of such inmate.
The department shall make entries on the register to reflect the progress made by each inmate while incarcerated and the inmate's release on parole, condition at the time of parole and progress made while on parole. This subsection does not apply to inmates subject to an order under s. 48.366
If the inmate is subject to an order under s. 48.366
, the department shall keep a record of the inmate's behavior for use in proceedings under s. 48.366 (5)
History: 1987 a. 27
; 1989 a. 31
; Stats. 1989 s. 302.17.
Transfers of inmates. 302.18(1)
Inmates of a prison may be transferred and retransferred to another prison by the department.
Inmates transferred to the Wisconsin resource center shall be afforded a transfer hearing under s. 302.055
Inmates of a county house of correction may be transferred to a state prison. If any county discontinues its house of correction, inmates at the time of the discontinuance may be transferred to the state prison or to the county jail of the county as the commitment indicates.
A prisoner may request the department to transfer him or her to a prison in another state under s. 302.25
With each person transferred to a state prison from another institution, the warden or superintendent of such other institution shall transmit the original commitment and the institutional record pertaining to such person.
Any person who is legally transferred by the department to a penal institution shall be subject to the same statutes, regulations and discipline as if the person had been originally sentenced to that institution, but the transfer shall not change the term of sentence.
Except as provided in s. 973.013 (3m)
, the department shall keep all prisoners under 15 years of age in secured juvenile correctional facilities or secured child caring institutions, but the department may transfer them to adult correctional institutions after they attain 15 years of age.
Transfer to foreign countries under treaty.
If a treaty is in effect between the United States and a foreign country, allowing a convicted person who is a citizen or national of the foreign country to transfer to the foreign country, the governor may commence a transfer of the person if the person requests.