Wisconsin Legislature: DOC 302.22(4)(d)

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.

(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.

(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.

(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 amount of time from the mandatory release date to the maximum discharge date.

(d) Statutory good time may be earned at the rate applicable on the mandatory release date.

(5) The inmate’s maximum discharge date may be extended by an amount of time no greater than the amount of time tolled under s. DOC 328.25 and ch. DOC 331 plus the period from the mandatory release date to the date of violation.

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

DOC 302.27 Parole violators subject to 1983 Wis. Act 528.

(1) This section applies to an inmate who has violated terms and conditions of parole, whose supervision is revoked, and to whom one of the following criteria applies:

(a) Committed their crime on or after June 1, 1984.

(b) Chose to have 1983 Wis. Act 528 apply to him or her.

(2) The inmate shall receive credit toward the satisfaction of the sentence from the beginning date of the sentence to the date of release to community supervision.

(3) The inmate shall receive credit, for all days in custody , authorized under s. 973.155, Stats., following the date of release. 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.

(4) The inmate may be required by the reviewing authority to serve a period of confinement in a correctional institution up to the remainder of the sentence. The remainder of the sentence is the entire sentence less time served in custody prior to release to community supervision.

(5) This period of confinement ordered by the reviewing authority may be extended for misconduct in accordance with s. DOC 303.72.

(6) The inmate’s maximum discharge date shall be recalculated by adding the remainder of the sentence to the date of custody after violation and subtracting credit received.

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

DOC 302.28 Discretionary release for parole violators. Nothing in this chapter shall limit the authority of the chairperson of the parole commission to grant a discretionary parole in accordance with ch. PAC 1 to an inmate who had been previously paroled and had their supervision revoked.

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

DOC 302.29 Extended supervision violators.

(1) This section applies to inmates who are serving a bifurcated sentence and whose extended supervision has been revoked.