Wisconsin Legislature: DOC 302.02(1)(a)

DOC 302.21 Recordkeeping.

Subchapter III — Sentence and Release Provisions

DOC 302.22 Sentence computation.

DOC 302.23 Sentence Clarification.

DOC 302.24 Sentence credit.

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

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

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

DOC 302.28 Discretionary release for parole violators.

DOC 302.29 Extended supervision violators.

DOC 302.30 Revocation of probation.

DOC 302.31 Effect of escape on sentence.

DOC 302.32 Waiver of good time, mandatory release, or release to extended supervision.

DOC 302.33 Extra good time for inmates not covered by 1983 Wis. Act 528.

DOC 302.34 Special action release program.

DOC 302.35 Certain earned releases.

DOC 302.36 Positive adjustment time.

DOC 302.37 Sentence adjustment.

DOC 302.38 Challenge incarceration program.

DOC 302.39 Earned release program.

DOC 302.40 Risk reduction sentence.

DOC 302.41 Extraordinary health condition or geriatric petitions.

Note: Chapter HSS 302 was renumbered Chapter DOC 302 and revised under s. 13.93 (2m) (b) 1., 2., 6. and 7., Stats., Register, April, 1990, No. 412; Chapter DOC 302 as it existed on June 30, 2018 was repealed and a new Chapter DOC was created, Register June 2018 No. 750, effective July 1, 2018.

Subchapter I — General Provisions

DOC 302.01 Applicability. Under authority vested in the department by ss. 227.11 (2), 301.02, 301.03 (2), 301.21, 302.07, 302.25, 302.26, and 302.27, Stats., the department adopts this chapter, which applies to the department and all inmates in its legal custody for implementation of ss. 301.046, 301.048, 301.055, 302.043 302.045, 302.05, 302.055, 302.07, 302.08, 302.11, 302.113, 302.114, 302.15, 302.18, 303.065, 303.068, 973.01, and 973.013, Stats.

History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18; correction made under s. 13.92 (4) (b) 7., Stats., Register June 2018.

DOC 302.02 Purpose. The purpose of this chapter is to provide procedures for inmate classification, sentence, and release provisions that include all of the following objectives.

(1) The objectives of inmate classification include all of the following:

(a) Establish a dedicated and centralized inmate classification process to determine custody, program need, institution placement assignments, and movement of inmates.

(b) Classify every inmate based on factors related to public, staff, and inmate safety, institution security, mission of the department, and needs of the inmate.

(d) Involve inmates in the process of determining custody, program need, and institution assignment.

(e) Provide a record of custody, program need, and institution placement assignments.

(2) The objectives of sentence and release provisions includes all of the following:

(a) Establish processes for inmate release from court imposed periods of incarceration.

(b) Review judgments of conviction and court orders received for legality and clarity.

(d) Inform inmate of calculated dates.

(e) Utilize calculated dates to facilitate the legal release of inmates from prison and offenders from supervision.

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

DOC 302.03 Definitions. In this chapter:

(1) “Administrator” means the administrator of the DAI or designee.

(1m) “Admission to DAI” means the placement of a person under the custody and control of the DAI, following sentencing or revocation of probation, discretionary parole, mandatory release parole, or extended supervision.

(2) “Agent” means a probation and parole agent.

(4) “Applicable percentage” means 85% for a Class C to E felony or 75% for a Class F to I felony.

(5) “Assaultive activity” means an action that occurs inside or outside an institution and that results in or is intended to result in physical harm to another.

(6) “Bifurcated sentence” means a sentence under s. 973.01, Stats.

(7) “Bureau of offender classification and movement” or “BOCM” means the DAI bureau that administers the classification and movement of inmates.

(8) “Challenge incarceration program” or “CIP” means a program that incorporates manual labor, personal development counseling, substance abuse treatment and education, military drill and ceremony, counseling, and age appropriate strenuous physical exercise resulting in earned release from confinement under s. 302.045, Stats.

(9) “Classification sector chief” means a BOCM supervisor.

(10) “Classification specialist” means a BOCM staff member who completes processes associated with the assignment of inmate custody, program need, and institution placement.

(11) “Custody classification” means the assessed risk level assigned to an inmate for purposes of institution placement.

(12) “DAI” means the division of adult institutions in the department of corrections.

(13) “DCC” means the division of community corrections in the department of corrections.

(14) “Department” means the department of corrections.

(15) “Detainer” means a writ or other legal instrument issued by a competent officer directing the warden or superintendent of an institution to notify the issuing authority when the named person is about to be released so that the issuing authority may obtain custody of the named person if appropriate.

(16) “Director” means the director of BOCM or designee.

(17) “Disciplinary hearing” means a hearing authorized under ch. DOC 303 for the discipline of inmates for misconduct.

(18) “Discretionary parole” means release of an inmate from an institution by parole grant under ch. PAC 1.

(19) “Discretionary parole violator” means an inmate who has been released by the parole commission under s. 304.06, Stats., and who violated parole prior to their mandatory release date.

(20) “Disturbance” means a riot or other disturbance to institutional order caused by a group of two or more inmates that may include one of the following:

(a) An assault on any person by two or more inmates.

(b) The taking of one or more hostages.

(d) The refusal by two or more inmates, acting in concert, to comply with an order.

(e) Any words or acts which incite or encourage inmates to take any of the actions under pars. (a) to (d).

(21) “Earned release program” or “ERP” means a program that incorporates substance abuse treatment resulting in earned release from confinement under the Wisconsin substance abuse program.

(22) “Emergency” means an immediate threat to the safety of the public, staff, or inmates of an institution, other than a disturbance. An emergency may include any of the following:

(a) A public health threat.

(b) A utility malfunction.

(d) A bomb threat or explosion.

(e) An employee job action.

(f) Any natural disaster.

(g) A civil disturbance.

(h) An inmate escape.

(23) “Enrolled victim” means a victim who has submitted a request to the office of victim services and programs for notification of inmate or offender status changes.

(24) “Extended supervision” or “ES” means the portion of a bifurcated sentence imposed under s. 973.01, Stats., which is served in the community under the supervision of the DCC.

(25) “Extended supervision violator” is an offender who violated extended supervision after the release date.

(26) “Extra good time” means credit for diligence and is earned according to the conditions and procedures set forth in ss. DOC 302.22, 302.26, and 302.33.

(27) “Extraordinary health condition” or “EHC” means a condition afflicting an inmate such as advanced age, infirmity or disability, or a need for medical treatment or services not available within a correctional institution.

(28) “Good time” means credit earned by inmates that diminishes the period of incarceration and includes both statutory and extra good time. This applies to inmates who committed crimes before June 1, 1984, and did not choose to have 1983 Wis. Act 528 apply to them.

(29) “In custody” means any time an offender spent confined, as described in s. 973.155 (1), Stats., in connection with the violation.

(30) “Initial classification” or “IC” means the process associated with the assignment of inmate custody, program need, and institution placement upon admission to DAI.

(31) “Inmate” means a person who is committed to, under sentence to, and confined in a state prison under s. 302.01, Stats.

(32) “Institution” means a correctional facility under s. 302.01, Stats., a prison under s. 301.048, Stats., and s. 301.046 Stats., or a facility that the department contracts with for incarceration of inmates.

(33) “Interstate correctional compact” or “ICC” means the agreement between the department and other correctional jurisdictions for the incarceration of inmates under ss. 301.21 and 302.25, Stats.

(34) “Life sentence” means any sentence of imprisonment under which the convicted person may remain incarcerated for the rest of their life. “Life sentence” includes the sentence of an inmate who is sentenced to life imprisonment, released on parole or to ES and returned to an institution with or without a new sentence and the sentence of an inmate sentenced to life imprisonment in another jurisdiction.