Chapter DOC 302

DOC 302.21(7) (7) Custody level.

DOC 302.21 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

subch. III of ch. DOC 302 Subchapter III — Sentence and Release Provisions

DOC 302.22 DOC 302.22 Sentence computation.

DOC 302.22(1) (1) Timeliness. Within a reasonable time frame after an inmate arrives at a correctional institution following sentencing, revocation of probation, discretionary parole, mandatory release parole, extended supervision, return from escape, or staff becomes aware of a change, records staff shall compute the inmate’s parole eligibility date, projected release date, and projected discharge date and inform the inmate in writing of these dates.

DOC 302.22(2) (2) Determination of parole eligibility date. For persons sentenced for offenses committed before December 31, 1999, or after December 31, 1999 but sentenced to a non-bifurcated sentence, the inmate’s eligibility for discretionary parole will be determined under s. 304.06, Stats., subject to all of the following:

DOC 302.22(2)(a) (a) An inmate serving a life sentence shall be eligible for parole based on one of the following:

DOC 302.22(2)(a)1. 1. If the inmate is not subject to 1983 Wis. Act 528, 1997 Wis. Act 283, or 2001 Wis. Act 109, the inmate is eligible for parole after serving 11 years and 3 months. This period may be extended for misconduct by loss of earned good time under s. DOC 303.72.

DOC 302.22(2)(a)2. 2. If the inmate is subject to 1983 Wis. Act 528 and has been ordered eligible for parole by the court, the inmate is eligible for parole after serving 13 years and 4 months or at a later date ordered by the court. This period may be extended for loss of good time under s. DOC 303.72.

DOC 302.22(2)(b) (b) An inmate not serving a life sentence shall be eligible for parole based on one of the following:

DOC 302.22(2)(b)1. 1. If the inmate committed a crime before November 3, 1983, the inmate shall be eligible for parole when 6 months, less all credit to which the inmate is entitled under s. 973.155, Stats., has been served.

DOC 302.22(2)(b)2. 2. If the inmate committed a crime on or after November 3, 1983, and was sentenced to a non-bifurcated sentence, the inmate shall be eligible for parole when 25% of the sentence imposed, or 6 months, whichever is greater, less all credit to which the inmate is entitled under s. 973.155, Stats., has been served.

DOC 302.22(2)(c) (c) An inmate is not eligible for parole consideration for at least 60 days following admission to DAI.

DOC 302.22(2)(d) (d) If an inmate has more than one sentence, the inmate shall be eligible for parole on each non-bifurcated sentence. If an inmate has received consecutive sentences, the non-bifurcated sentences shall be computed as one continuous sentence for purposes of determining the parole eligibility date.

DOC 302.22(2)(e) (e) An inmate serving a bifurcated sentence is not eligible for release on parole under that sentence.

DOC 302.22(3) (3) Determination of projected mandatory release date for an inmate serving a non-bifurcated sentence.

DOC 302.22(3)(a) (a) For an inmate subject to sentencing under law prior to 1983 Wis. Act 528, all of the following apply:

DOC 302.22(3)(a)1. 1. The projected mandatory release date shall be the maximum term to which the inmate was sentenced, reduced by any of the following:

DOC 302.22(3)(a)1.a. a. Sentence credit granted under s. 973.155, Stats.

DOC 302.22(3)(a)1.b. b. Statutory good time earned under s. 53.11, 1981 Stats.

DOC 302.22(3)(a)1.c. c. Extra good time earned under s. 53.12, 1981 Stats.

DOC 302.22(3)(a)2. 2. Statutory good time shall be credited from the beginning date of the inmate’s sentence.

DOC 302.22(3)(a)3. 3. Extra good time shall be credited beginning on the date following the inmate’s date of arrival at the institution.

DOC 302.22(3)(a)4. 4. For an inmate who is serving consecutive sentences for crimes that were committed before the person was admitted to DAI under any of the sentences, records staff shall treat the sentences as one continuous sentence for the purposes of statutory good time credit.

DOC 302.22(3)(a)5. 5. For an inmate who is serving a consecutive sentence for a crime that was committed while serving another sentence or on parole, records staff shall treat that sentence as a separate sentence and compute statutory good time as if the consecutive sentence were a first sentence.

DOC 302.22(3)(a)6. 6. The projected mandatory release date may be modified based on any of the following:

DOC 302.22(3)(a)6.a. a. The inmate was released on parole.

DOC 302.22(3)(a)6.b. b. The date was extended due to forfeiture of earned statutory good time or extra good time for violation of a disciplinary rule under s. DOC 303.72.

DOC 302.22(3)(a)6.c. c. Any period during which an inmate was in a status under which he or she was not earning extra good time.

DOC 302.22(3)(a)6.d. d. The inmate was approved to waive entitlement to mandatory release in accordance with s. DOC 302.32.

DOC 302.22(3)(b) (b) For an inmate subject to sentencing under 1983 Wis. Act 528, the projected mandatory release date shall be subject to all of the following:

DOC 302.22(3)(b)1. 1. Statutory or extra good time may not be earned.

DOC 302.22(3)(b)2. 2. The term of incarceration shall be two-thirds of the maximum term to which the inmate was sentenced reduced by any sentence credit granted under s. 973.155, Stats.

DOC 302.22(3)(b)3. 3. An inmate who was sentenced for crimes committed before June 1, 1984, but who chose to have 1983 Wis. Act 528 apply to him or her shall have their mandatory release date extended by prior forfeitures of statutory and extra good time for misconduct in the institution or while the inmate was on parole.

DOC 302.22(3)(b)4. 4. The projected mandatory release date of an inmate who is serving consecutive sentences shall be calculated by treating all consecutive sentences, no matter when the inmate’s crimes were committed, as one continuous sentence.

DOC 302.22(3)(b)5. 5. The projected mandatory release date may be modified based on any of the following:

DOC 302.22(3)(b)5.a. a. The inmate was released on parole.

DOC 302.22(3)(b)5.b. b. The date was extended under s. DOC 303.72.

DOC 302.22(3)(b)5.c. c. The inmate was approved to waive entitlement to mandatory release in accordance with this chapter.

DOC 302.22(3)(c) (c) For an inmate serving concurrent sentences imposed at the same time, records staff shall consider the longer sentence as governing.

DOC 302.22(3)(d) (d) Each sentence shall begin on the date the sentence is imposed. Sentence credit shall be applied under s. 973.155, Stats.

DOC 302.22(3)(e) (e) For an inmate serving concurrent sentences imposed at different times, records staff shall treat each sentence as beginning on the date that the sentence was imposed. Sentence credit shall be applied under s. 973.155, Stats.

DOC 302.22(4) (4) Determination of extended supervision date. For an inmate serving a bifurcated sentence, the extended supervision date shall be subject to the following:

DOC 302.22(4)(a) (a) The term of confinement shall be the maximum term of confinement to which the inmate was sentenced, reduced by any sentence credit granted under s. 973.155, Stats.

DOC 302.22(4)(b) (b) The extended supervision date of an inmate who is serving consecutive sentences shall be calculated by treating all consecutive sentences, no matter when the crimes were committed, as one continuous sentence.

DOC 302.22(4)(c) (c) The extended supervision date may be extended under s. DOC 303.72 for violation of a disciplinary rule.

DOC 302.22(4)(d) (d) The extended supervision date may be extended if the inmate is approved to waive release under s. DOC 302.32.

DOC 302.22(5) (5) Determination of release date for consecutive bifurcated and non-bifurcated sentences.

DOC 302.22(5)(a) (a) The projected release date of an inmate who is serving consecutive sentences shall be calculated by treating all consecutive sentences, no matter when the crimes were committed, as one continuous sentence.

DOC 302.22(5)(b) (b) Inmates serving consecutive sentences shall serve all periods of incarceration in prison prior to serving periods of community supervision.

DOC 302.22 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.23 DOC 302.23 Sentence Clarification. If the records staff determine that the terms of an imposed sentence or any other communication from the court are ambiguous, unclear, or potentially in conflict with sentencing statutes, the records staff shall notify the sentencing court and inmate in writing.

DOC 302.23 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.24 DOC 302.24 Sentence credit.

DOC 302.24(1) (1) Sentence credit determination and appropriate orders shall be in accordance with s. DOC 331.13 in all of the following situations:

DOC 302.24(1)(a) (a) When parole or extended supervision is revoked and sentence is credited subject to the provisions of s. DOC 302.25, 302.26, 302.27, or 302.29.

DOC 302.24(1)(b) (b) When probation is revoked for a probationer whose sentence was imposed and stayed.

DOC 302.24(1)(c) (c) When judgments have been entered prior to May 17, 1978, the effective date of 1977 Act 354 creating s. 973.155, Stats.

DOC 302.24(2) (2) In situations not covered by sub. (1) the sentencing court shall determine sentence credit.

DOC 302.24 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.25 DOC 302.25 Discretionary parole violators not subject to 1983 Wis. Act 528.

DOC 302.25(1) (1) This section applies to an inmate to whom all of the following apply:

DOC 302.25(1)(a) (a) The inmate committed their crime before June 1, 1984.

DOC 302.25(1)(b) (b) Did not choose to have 1983 Wis. Act 528 apply.

DOC 302.25(1)(c) (c) Were released by the parole commission under s. 304.06 (1), Stats.

DOC 302.25(1)(d) (d) Violated terms and conditions of parole prior to their mandatory release date and whose supervision is revoked.

DOC 302.25(2) (2) The inmate shall receive credit for time served on the sentence from the beginning date of the sentence until the date of violation under sub. (1) (d) determined by the reviewing authority under ch. DOC 331 or HA 2.

DOC 302.25(3) (3) The inmate shall receive credit, for all days in custody , authorized under s. 973.155, Stats., in connection with the violation. Credit shall be verified by the reviewing authority. Credit will also be applied to the applicable case when presentence credit is granted after revocation and during the current reincarceration of the inmate. Statutory good time shall be earned for all days in custody.

DOC 302.25(4) (4) The reviewing authority shall consider all of the following when making a decision regarding revocation:

DOC 302.25(4)(a) (a) Statutory and extra good time may be forfeited.

DOC 302.25(4)(b) (b) The amount of good time forfeited may not exceed the good time earned as of the date of violation under sub. (1) (d).

DOC 302.25(4)(c) (c) The inmate shall be allowed to earn good time on the amount of time forfeited.

DOC 302.25(4)(d) (d) Statutory good time shall be earned at the rate being earned on the date of violation under sub. (1) (d).

DOC 302.25(5) (5) The inmate must serve the sentence to the recalculated mandatory release date which, based on the decision of the reviewing authority, may include one or both of the following:

DOC 302.25(5)(a) (a) Tolled time as defined in s. DOC 328.03 (40).

DOC 302.25(5)(b) (b) Forfeited good time, less good time earned on the forfeited good time.

DOC 302.25(6) (6) The maximum discharge date shall be extended by the amount of time tolled.

DOC 302.25 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.26 DOC 302.26 Mandatory release parole violators not subject to 1983 Wis. Act 528.

DOC 302.26(1) (1) This section applies to an inmate to whom all of the following criteria apply:

DOC 302.26(1)(a) (a) Committed their crime before June 1, 1984.

DOC 302.26(1)(b) (b) Did not choose to have 1983 Wis. Act 528 apply to their.

DOC 302.26(1)(c) (c) Violated terms and conditions of parole following their mandatory release date and whose supervision is revoked.

DOC 302.26(2) (2) The inmate shall receive credit for time served on the sentence from the beginning date of the sentence to the mandatory release date for the sentence.

DOC 302.26(3) (3) The inmate shall receive credit, for all days in custody , authorized under s. 973.155, Stats., in connection with the violation under sub. (1) (c). Credit shall be verified by the reviewing authority. Credit will also be applied to the applicable case when presentence credit is granted after revocation and during the current reincarceration of the inmate. Statutory good time shall be earned for all days in custody.

DOC 302.26(4) (4) The reviewing authority shall consider all of the following when making a decision regarding revocation:

DOC 302.26(4)(a) (a) Statutory and extra good time may be forfeited.

DOC 302.26(4)(b) (b) The amount of good time forfeited may not exceed the amount of time from the mandatory release date to the maximum discharge date.

DOC 302.26(4)(c) (c) Good time may be earned on the amount forfeited.