302.11 Note
NOTE: 1985 Wis. Act 27 s.
1, which amended sub. (4), explains the effect of the amendment in sections 2 and 3 of the act.
302.11(4m)
(4m) An inmate paroled under this section is subject to the restriction under
s. 304.06 (2m), if applicable, relating to the counties to which inmates may be paroled.
302.11(5)
(5) 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.
302.11(6)
(6) 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) (a).
302.11(7)(a)(a) 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 and
973.155.
302.11(7)(b)
(b) 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
subs. (1q) and
(2).
302.11(7)(c)
(c) 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.
302.11(7)(d)
(d) 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.
302.11(8)
(8) The department may promulgate rules under
ch. 227 establishing guidelines and criteria for the exercise of discretion under this section.
302.11 History
History: 1977 c. 266,
353;
1979 c. 221;
1981 c. 266;
1983 a. 66,
528;
1985 a. 27;
1985 a. 332 s.
251 (1);
1987 a. 27,
412;
1989 a. 31 ss.
1629,
1630; Stats. s. 302.11;
1989 a. 107;
1991 a. 39;
1993 a. 79,
97,
194,
289,
483;
1995 a. 77,
448;
1997 a. 133,
275,
283,
284,
295,
326.
302.11 Annotation
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.
302.11 Annotation
Due process requirements in a disciplinary proceeding listed. Steele v. Gray, 64 W (2d) 422, 219 NW (2d) 312. Rehearing.
302.11 Annotation
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.
302.11 Annotation
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.
302.11 Annotation
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).
302.11 Annotation
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).
302.11 Annotation
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).
302.11 Annotation
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).
302.11 Annotation
An inmate has a constitutionally protected liberty interest in not having his mandatory release date extended. Santiago v. Ware, 205 W (2d) 292, 556 NW (2d) 356 (Ct. App. 1996).
302.11 Annotation
Time served on parole does not constitute custody for purposes of determining sentence credit under sub. (7) (a). Section 304.072 addresses the tolling of time served between an alleged violation and revocation and s. 973.155 addresses credit for days incarcerated; neither requires sentence credit under sub. (7) (a) for probation served. State ex rel. Ludtke v. DOC, 215 W (2d) 1, 572 NW (2d) 864 (Ct. App. 1997).
302.11 Annotation
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.
302.11 Annotation
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).
302.11 Annotation
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.
302.11 Annotation
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.
302.11 Annotation
See note to 973.15, citing Monsour v. Gray, 375 F Supp. 786.
302.11 Annotation
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.
302.113
302.113
Release to extended supervision for felony offenders not serving life sentences. 302.113(1)
(1) An inmate is subject to this section if he or she is serving a bifurcated sentence imposed under
s. 973.01.
302.113(2)
(2) Except as provided in
subs. (3) and
(9), an inmate subject to this section is entitled to release to extended supervision after he or she has served the term of confinement in prison portion of the sentence imposed under
s. 973.01, as modified by the sentencing court under
s. 302.045 (3m) (b) 1., if applicable.
302.113(3)(a)(a) The warden or superintendent shall keep a record of the conduct of each inmate subject to this section, specifying each infraction of the rules. If an inmate subject to this section violates any regulation of the prison or refuses or neglects to perform required or assigned duties, the department may extend the term of confinement in prison portion of the inmate's bifurcated sentence as follows:
302.113(3)(b)
(b) In addition to the sanctions under
par. (a), if an inmate subject to this section is placed in adjustment, program or controlled segregation status, the department may extend his or her term of confinement in prison portion of the bifurcated sentence 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.
302.113(3)(bm)
(bm) An inmate subject to this section who files an action or special proceeding, including a petition for a common law writ of certiorari, to which
s. 807.15 applies shall have his or her term of confinement extended by the number of days specified in the court order prepared under
s. 807.15 (3). Upon receiving a court order issued under
s. 807.15, the department shall recalculate the date on which the inmate to whom the order applies will be entitled to release to extended supervision and shall inform the inmate of that date.
302.113(3)(c)
(c) No extension of a term of confinement in prison under this subsection may require an inmate to serve more days in prison than the total length of the bifurcated sentence imposed under
s. 973.01.
302.113(3)(d)
(d) If the term of confinement in prison portion of a bifurcated sentence is increased under this subsection, the term of extended supervision is reduced so that the total length of the bifurcated sentence does not change.
302.113(4)
(4) All consecutive sentences shall be computed as one continuous sentence. The person shall serve any term of extended supervision after serving all terms of confinement in prison.
302.113(5)
(5) An inmate may waive entitlement to release to extended supervision if the department agrees to the waiver.
302.113(6)
(6) Before a person is released to extended supervision under this section, the department shall 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.
302.113(7)
(7) Any inmate released to extended supervision under this section is subject to all conditions and rules of extended supervision until the expiration of the term of extended supervision portion of the bifurcated sentence. The department may set conditions of extended supervision in addition to any conditions of extended supervision set by the court under
s. 973.01 (5) if the conditions set by the department do not conflict with the court's conditions.
302.113(8)
(8) Releases to extended supervision from prison shall be on the Tuesday or Wednesday preceding the date on which he or she completes the term of imprisonment.
302.113(9)(a)(a) If a person released to extended supervision under this section violates a condition of extended supervision, the division of hearings and appeals in the department of administration, upon proper notice and hearing, or the department of corrections, if the person on extended supervision waives a hearing, may revoke the extended supervision of the person and return the person to prison. If the person is returned to prison, he or she shall be returned to prison for any specified period of time that does not exceed the time remaining on the bifurcated sentence. The time remaining on the bifurcated sentence is the total length of the bifurcated sentence, less time served by the person in custody before release to extended supervision. The revocation order shall provide the person on extended supervision with credit in accordance with
ss. 304.072 and
973.155.
302.113(9)(b)
(b) A person who is returned to prison after revocation of extended supervision shall be incarcerated for the entire period of time specified by the department of corrections in the case of a waiver or by the division of hearings and appeals in the department of administration in the case of a hearing under
par. (a). The period of time specified under
par. (a) may be extended in accordance with
sub. (3).
302.113(9)(c)
(c) A person who is subsequently released to extended supervision after service of the period of time specified by the department of corrections in the case of a waiver or by the division of hearings and appeals in the department of administration in the case of a hearing under
par. (a) is subject to all conditions and rules under
sub. (7) until the expiration of the term of extended supervision portion of the bifurcated sentence.
302.113(10)
(10) The department may promulgate rules establishing guidelines and criteria for the exercise of discretion under this section.
302.113 History
History: 1997 a. 283.
302.114
302.114
Petition for release and release to extended supervision for felony offenders serving life sentences. 302.114(2)
(2) Except as provided in
subs. (3) and
(9), an inmate subject to this section may petition the sentencing court for release to extended supervision after he or she has served 20 years, if the inmate was sentenced under
s. 973.014 (1g) (a) 1., or after he or she has reached the extended supervision eligibility date set by the court, if the inmate was sentenced under
s. 973.014 (1g) (a) 2.
302.114(3)(a)(a) The warden or superintendent shall keep a record of the conduct of each inmate subject to this section, specifying each infraction of the rules. If any inmate subject to this section violates any regulation of the prison or refuses or neglects to perform required or assigned duties, the department may extend the extended supervision eligibility date set under
s. 973.014 (1g) (a) 1. or
2., whichever is applicable, as follows:
302.114(3)(b)
(b) In addition to the sanctions under
par. (a), if an inmate subject to this section is placed in adjustment, program or controlled segregation status, the department may extend the extended supervision eligibility date set under
s. 973.014 (1g) (a) 1. or
2., whichever is applicable, 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.
302.114(3)(c)
(c) An inmate subject to this section who files an action or special proceeding, including a petition for a common law writ of certiorari, to which
s. 807.15 applies shall have his or her extended supervision eligibility date set under
s. 973.014 (1g) (a) 1. or
2., whichever is applicable, extended by the number of days specified in the court order prepared under
s. 807.15 (3). Upon receiving a court order issued under
s. 807.15, the department shall recalculate the date on which the inmate to whom the order applies will be entitled to petition for release to extended supervision and shall inform the inmate of that date.
302.114(4)
(4) All consecutive sentences shall be computed as one continuous sentence. An inmate subject to this section shall serve any term of extended supervision after serving all terms of confinement in prison.
302.114(5)(a)(a) An inmate subject to this section who is seeking release to extended supervision shall file a petition for release to extended supervision with the court that sentenced him or her. An inmate may not file an initial petition under this paragraph earlier than 90 days before his or her extended supervision eligibility date. If an inmate files an initial petition for release to extended supervision at any time earlier than 90 days before his or her extended supervision eligibility date, the court shall deny the petition without a hearing.
302.114(5)(am)
(am) The inmate shall serve a copy of a petition for release to extended supervision on the district attorney's office that prosecuted him or her, and the district attorney shall file a written response to the petition within 45 days after the date he or she receives the petition.
302.114(5)(b)
(b) After reviewing a petition for release to extended supervision and the district attorney's response to the petition, the court shall decide whether to hold a hearing on the petition or, if it does not hold a hearing, whether to grant or deny the petition without a hearing. If the court decides to hold a hearing under this paragraph, the hearing shall be before the court without a jury. The office of the district attorney that prosecuted the inmate shall represent the state at the hearing.
302.114(5)(c)
(c) Before deciding whether to grant or deny the inmate's petition, the court shall allow a victim, as defined in
s. 950.02 (4), to make a statement or submit a statement concerning the release of the inmate to extended supervision. The court may allow any other person to make or submit a statement under this paragraph. Any statement under this paragraph must be relevant to the release of the inmate to extended supervision.
302.114(5)(cm)
(cm) A court may not grant an inmate's petition for release to extended supervision unless the inmate proves, by clear and convincing evidence, that he or she is not a danger to the public.
302.114(5)(d)
(d) If the court grants the inmate's petition for release to extended supervision, the court may impose conditions on the term of extended supervision.
302.114(5)(e)
(e) If the court denies the inmate's petition for release to extended supervision, the court shall specify the date on which the inmate may file a subsequent petition under this section. An inmate may file a subsequent petition at any time on or after the date specified by the court, but if the inmate files a subsequent petition for release to extended supervision before the date specified by the court, the court may deny the petition without a hearing.
302.114(5)(f)
(f) An inmate may appeal an order denying his or her petition for release to extended supervision. In an appeal under this paragraph, the appellate court may reverse an order denying a petition for release to extended supervision only if it determines that the sentencing court improperly exercised its discretion in denying the petition for release to extended supervision.
302.114(6)(b)
(b) If an inmate petitions a court under
sub. (5) or
(9) (b) for release to extended supervision under this section, the clerk of the circuit court in which the petition is filed shall send a copy of the petition and, if a hearing is scheduled, a notice of hearing to the victim of the crime committed by the inmate, if the victim has submitted a card under
par. (e) requesting notification.
302.114(6)(c)
(c) The notice under
par. (b) shall inform the victim that he or she may appear at the hearing under
sub. (5) or
(9) (b), if a hearing is scheduled, and shall inform the victim of the manner in which he or she may provide written statements concerning the inmate's petition for release to extended supervision.
302.114(6)(d)
(d) The clerk of the circuit court shall make a reasonable attempt to send a copy of the inmate's petition to the last-known address of the victim within 7 days of the date on which the petition is filed and shall make a reasonable attempt to send the notice of hearing, if a hearing is scheduled, to the last-known address of the persons victim, postmarked at least 10 days before the date of the hearing.
302.114(6)(e)
(e) The director of state courts shall design and prepare cards for a victim to send to the clerk of the circuit court in which the inmate is convicted and sentenced. The cards shall have space for a victim to provide his or her name and address, the name of the applicable inmate and any other information the director of state courts determines is necessary. The director of state courts shall provide the cards, without charge, to clerks of circuit court. Clerks of circuit court shall provide the cards, without charge, to victims. Victims may send completed cards to the clerk of the circuit court in which the inmate was convicted and sentenced. All court records or portions of records that relate to mailing addresses of victims are not subject to inspection or copying under
s. 19.35 (1).
302.114(7)
(7) Before a person is released to extended supervision under this section, the department shall 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.
302.114(8)
(8) Any inmate released to extended supervision under this section is subject to all conditions and rules of extended supervision. The department may set conditions of extended supervision in addition to any conditions of extended supervision set by the court under
sub. (5) (d) if the conditions set by the department do not conflict with the court's conditions.
302.114(9)(a)(a) If a person released to extended supervision under this section violates a condition of extended supervision, the division of hearings and appeals in the department of administration, upon proper notice and hearing, or the department of corrections, if the person on extended supervision waives a hearing, may revoke the extended supervision of the person and return the person to prison. If the person is returned to prison, he or she shall be returned to prison for a specified period of time, as provided under
par. (b).
302.114(9)(b)
(b) If a person is returned to prison under
par. (a) after revocation of extended supervision, 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) shall specify a period of time for which the person shall be incarcerated before being eligible for release to extended supervision. The period of time specified under this paragraph may not be less than 5 years and may be extended in accordance with
sub. (3).
302.114(9)(bm)
(bm) A person who is returned to prison under
par. (a) after revocation of extended supervision may, upon petition to the sentencing court, be released to extended supervision after he or she has served the entire period of time specified in
par. (b), including any periods of extension imposed under
sub. (3). A person may not file a petition under this paragraph earlier than 90 days before the date on which he or she is eligible to be released to extended supervision. If a person files a petition for release to extended supervision under this paragraph at any time earlier than 90 days before the date on which he or she is eligible to be released to extended supervision, the court shall deny the petition without a hearing. The procedures specified in
sub. (5) (am) to
(f) apply to a petition filed under this paragraph.
302.114(9)(c)
(c) A person who is subsequently released to extended supervision under
par. (b) is subject to all conditions and rules under
sub. (8) until the expiration of the sentence.
302.114(10)
(10) The department may promulgate rules establishing guidelines and criteria for the exercise of discretion under this section.
302.114 History
History: 1997 a. 283.
302.115
302.115
Notification prior to expiration of sentence.
