302.095(1)
(1) In this section, "jail" means any of the following:
302.095(2)
(2) Any officer or other person who delivers or procures to be delivered or has in his or her possession with intent to deliver to any inmate confined in a jail or state prison, or who deposits or conceals in or about a jail or prison, or the precincts of a jail or prison, or in any vehicle going into the premises belonging to a jail or prison, any article or thing whatever, with intent that any inmate confined in the jail or prison shall obtain or receive the same, or who receives from any inmate any article or thing whatever with intent to convey the same out of a jail or prison, contrary to the rules or regulations and without the knowledge or permission of the sheriff or other keeper of the jail, in the case of a jail, or of the warden or superintendent of the prison, in the case of a prison, shall be imprisoned for not more than 3 years or fined not more than $500.
302.095 History
History: 1989 a. 31 s.
1627; Stats. 1989 s. 302.095;
1991 a. 316;
1993 a. 490;
1995 a. 437;
1997 a. 283.
302.10
302.10
Solitary confinement. 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.
302.10 History
History: 1989 a. 31 s.
1628; Stats. s. 302.10.
302.11
302.11
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),
(1m),
(1q),
(1z),
(7) and
(10), 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. (1q) (b) or
(2) (b) resulting in fractions of a day shall be rounded in the inmate's favor to a whole day.
302.11(1g)(a)(a) In this subsection, "serious felony" means any of the following:
302.11(1g)(a)2.
2. Any felony under
s. 940.02,
940.03,
940.05,
940.09 (1),
940.19 (5),
940.195 (5),
940.21,
940.225 (1) or
(2),
940.305 (2),
940.31 (1) or
(2) (b),
943.02,
943.10 (2),
943.23 (1g) or
(1m),
943.32 (2),
946.43 (1m),
948.02 (1) or
(2),
948.025,
948.03 (2) (a) or
(c),
948.05,
948.06,
948.07,
948.08,
948.30 (2),
948.35 (1) (b) or
(c) or
948.36.
302.11(1g)(am)
(am) 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, but before December 31, 1999.
302.11(1g)(b)
(b) 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:
302.11(1g)(b)2.
2. 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, including pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen if the inmate is a serious child sex offender as defined in
s. 304.06 (1q) (a).
302.11(1g)(c)
(c) 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).
302.11(1g)(d)
(d) 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.
302.11(1i)
(1i) Except as provided in
sub. (1z), 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).
302.11(1m)
(1m) An inmate serving a life term is not entitled to mandatory release. Except as provided in
ss. 939.62 (2m) (c) and
973.014, the parole commission may parole the inmate as specified in
s. 304.06 (1).
302.11(1p)
(1p) An inmate serving a term subject to
s. 961.49 (2) for a crime committed before December 31, 1999, is entitled to mandatory release, except the inmate may not be released before he or she has complied with
s. 961.49 (2).
302.11(1q)(a)(a) An inmate 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 mandatory release date extended by the number of days specified in the court order prepared under
s. 807.15 (3).
302.11(1q)(b)
(b) Upon receiving a court order issued under
s. 807.15, the department shall recalculate the mandatory release date of the inmate to whom the order applies and shall inform the inmate of his or her new mandatory release date.
302.11(1z)
(1z) An inmate who is sentenced to a term of confinement in prison under
s. 973.01 for a felony that is committed on or after December 31, 1999, is not entitled to mandatory release on parole under this section.
302.11(2)(a)(a) 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.
302.11(2)(b)
(b) 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.
302.11(2)(c)
(c) No extension under this subsection may require the inmate to serve more days in prison than provided for under the sentence.
302.11(3)
(3) All consecutive sentences shall be computed as one continuous sentence.
302.11(4)
(4) An inmate may waive entitlement to mandatory release if the department agrees to the waiver.
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;
1999 a. 188.
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 Wis. 2d 351,
190 N.W.2d 529.
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 Wis. 2d 695,
230 N.W.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 Wis. 2d 256,
234 N.W.2d 75.
302.11 Annotation
Inmate's procedural rights in disciplinary proceeding discussed. State ex rel. Meeks v. Gagnon,
95 Wis. 2d 115,
289 N.W.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 U.S. 539. State ex rel. Irby v. Israel,
95 Wis. 2d 697,
291 N.W.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 Wis. 2d 34,
501 N.W.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 Wis. 2d 668,
517 N.W.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 Wis. 2d 295,
556 N.W.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 Wis. 2d 1,
572 N.W.2d 864 (Ct. App. 1997).
302.11 Annotation
Whether or not a residence has been found for an inmate, he or she must be released on his or her mandatory release date. State ex rel. Olson v. Litscher, 2000 WI App 61,
233 Wis. 2d 685,
608 N.W.2d 425.
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
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.
