Wisconsin Legislature: DOC 302.22(3)(a)4.

(1) Program or treatment assignments.

(2) Progress of program or treatment assignment.

(3) Physical health.

(4) Mental health.

(5) Conduct and adjustment.

(6) Placement.

(7) Custody level.

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

Subchapter III — Sentence and Release Provisions

DOC 302.22 Sentence computation.

(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.

(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:

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

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.

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.

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

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.

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.

(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.

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

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

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

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

a. Sentence credit granted under s. 973.155, Stats.

b. Statutory good time earned under s. 53.11, 1981 Stats.

c. Extra good time earned under s. 53.12, 1981 Stats.

2. Statutory good time shall be credited from the beginning date of the inmate’s sentence.

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

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.

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.

6. The projected mandatory release date may be modified based on any of the following:

a. The inmate was released on parole.

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.

c. Any period during which an inmate was in a status under which he or she was not earning extra good time.

d. The inmate was approved to waive entitlement to mandatory release in accordance with s. DOC 302.32.

(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:

1. Statutory or extra good time may not be earned.

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.

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.

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.

5. The projected mandatory release date may be modified based on any of the following:

a. The inmate was released on parole.

b. The date was extended under s. DOC 303.72.

c. The inmate was approved to waive entitlement to mandatory release in accordance with this chapter.

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

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

(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.

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

(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.

(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.

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

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

(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.

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

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

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.

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

DOC 302.24 Sentence credit.

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

(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.

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

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

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

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

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

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

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

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

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

(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.

(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.

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

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

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

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

(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:

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

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

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

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

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

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

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

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