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Prisoner whose parole was revoked on or about May 27, 1970 was entitled to a hearing prior to revocation of his good time credits.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. 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. 302.115(1)(a)
(a) "Member of the family" means spouse, child, sibling, parent or legal guardian.
302.115(1)(b)
(b) "Victim" means a person against whom a crime has been committed.
302.115(2)
(2) Before an inmate who is in a prison serving a sentence for a violation of
s. 940.01,
940.03,
940.05,
940.225 (1) or
(2),
948.02 (1) or
(2),
948.025,
948.06 or
948.07 is released from imprisonment because he or she has reached the expiration date of his or her sentence, the department shall make a reasonable attempt 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):
302.115(2)(a)
(a) 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.
302.115(2)(b)
(b) Any witness who testified against the inmate in any court proceeding involving the offense.
302.115(3)
(3) 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).
302.115(4)
(4) 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).
302.115 History
History: 1993 a. 479;
1997 a. 181.
302.12
302.12
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).
302.12(2)
(2) 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.
302.12 History
History: 1975 c. 396;
1983 a. 27,
66,
528;
1985 a. 332 s.
251 (6);
1989 a. 31 s.
1631; Stats. 1989 s. 302.12;
1993 a. 16.
302.13
302.13
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.
302.13 History
History: 1973 c. 90;
1983 a. 27;
1985 a. 120;
1989 a. 31 s.
1632; Stats. 1989 s. 302.13;
1993 a. 16.
302.14
302.14
Property of deceased inmates, parolees, probationers or persons on extended supervision, disposition. When an inmate of a prison, a parolee of an institution, a person on extended supervision 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.
302.14 History
History: 1989 a. 31 s.
1633; Stats. 1989 s. 302.14;
1997 a. 283.
302.15
302.15
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.
302.15 History
History: 1971 c. 54;
1989 a. 31 s.
1634; Stats. 1989 s. 302.15.
302.17
302.17
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.
302.17(2)
(2) 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 or extended supervision, condition at the time of release on parole or extended supervision and progress made while on parole or extended supervision. This subsection does not apply to inmates subject to an order under
s. 48.366.
302.17(3)
(3) 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) and
(6).
302.17 History
History: 1987 a. 27,
403;
1989 a. 31 s.
1635; Stats. 1989 s. 302.17;
1997 a. 283.
302.18
302.18
Transfers of inmates. 302.18(1)
(1) Inmates of a prison may be transferred and retransferred to another prison by the department.
