Chapter DOC 302

DOC 302.22(3)(b) (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:

DOC 302.22(3)(b)1. 1. Statutory or extra good time may not be earned.

DOC 302.22(3)(b)2. 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.

DOC 302.22(3)(b)3. 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.

DOC 302.22(3)(b)4. 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.

DOC 302.22(3)(b)5. 5. The projected mandatory release date may be modified based on any of the following:

DOC 302.22(3)(b)5.a. a. The inmate was released on parole.

DOC 302.22(3)(b)5.b. b. The date was extended under s. DOC 303.72.

DOC 302.22(3)(b)5.c. c. The inmate was approved to waive entitlement to mandatory release in accordance with this chapter.

DOC 302.22(3)(c) (c) For an inmate serving concurrent sentences imposed at the same time, records staff shall consider the longer sentence as governing.

DOC 302.22(3)(d) (d) Each sentence shall begin on the date the sentence is imposed. Sentence credit shall be applied under s. 973.155, Stats.

DOC 302.22(3)(e) (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.

DOC 302.22(4) (4) Determination of extended supervision date. For an inmate serving a bifurcated sentence, the extended supervision date shall be subject to the following:

DOC 302.22(4)(a) (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.

DOC 302.22(4)(b) (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.

DOC 302.22(4)(c) (c) The extended supervision date may be extended under s. DOC 303.72 for violation of a disciplinary rule.

DOC 302.22(4)(d) (d) The extended supervision date may be extended if the inmate is approved to waive release under s. DOC 302.32.

DOC 302.22(5) (5) Determination of release date for consecutive bifurcated and non-bifurcated sentences.

DOC 302.22(5)(a) (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.

DOC 302.22(5)(b) (b) Inmates serving consecutive sentences shall serve all periods of incarceration in prison prior to serving periods of community supervision.

DOC 302.22 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.23 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.

DOC 302.23 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.24 DOC 302.24 Sentence credit.

DOC 302.24(1) (1) Sentence credit determination and appropriate orders shall be in accordance with s. DOC 331.13 in all of the following situations:

DOC 302.24(1)(a) (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.

DOC 302.24(1)(b) (b) When probation is revoked for a probationer whose sentence was imposed and stayed.

DOC 302.24(1)(c) (c) When judgments have been entered prior to May 17, 1978, the effective date of 1977 Act 354 creating s. 973.155, Stats.

DOC 302.24(2) (2) In situations not covered by sub. (1) the sentencing court shall determine sentence credit.

DOC 302.24 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

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

DOC 302.25(1) (1) This section applies to an inmate to whom all of the following apply:

DOC 302.25(1)(a) (a) The inmate committed their crime before June 1, 1984.

DOC 302.25(1)(b) (b) Did not choose to have 1983 Wis. Act 528 apply.

DOC 302.25(1)(c) (c) Were released by the parole commission under s. 304.06 (1), Stats.

DOC 302.25(1)(d) (d) Violated terms and conditions of parole prior to their mandatory release date and whose supervision is revoked.

DOC 302.25(2) (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.

DOC 302.25(3) (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.

DOC 302.25(4) (4) The reviewing authority shall consider all of the following when making a decision regarding revocation:

DOC 302.25(4)(a) (a) Statutory and extra good time may be forfeited.

DOC 302.25(4)(b) (b) The amount of good time forfeited may not exceed the good time earned as of the date of violation under sub. (1) (d).

DOC 302.25(4)(c) (c) The inmate shall be allowed to earn good time on the amount of time forfeited.

DOC 302.25(4)(d) (d) Statutory good time shall be earned at the rate being earned on the date of violation under sub. (1) (d).

DOC 302.25(5) (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:

DOC 302.25(5)(a) (a) Tolled time as defined in s. DOC 328.03 (40).

DOC 302.25(5)(b) (b) Forfeited good time, less good time earned on the forfeited good time.

DOC 302.25(6) (6) The maximum discharge date shall be extended by the amount of time tolled.

DOC 302.25 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

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

DOC 302.26(1) (1) This section applies to an inmate to whom all of the following criteria apply:

DOC 302.26(1)(a) (a) Committed their crime before June 1, 1984.

DOC 302.26(1)(b) (b) Did not choose to have 1983 Wis. Act 528 apply to their.

DOC 302.26(1)(c) (c) Violated terms and conditions of parole following their mandatory release date and whose supervision is revoked.

DOC 302.26(2) (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.

DOC 302.26(3) (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.

DOC 302.26(4) (4) The reviewing authority shall consider all of the following when making a decision regarding revocation:

DOC 302.26(4)(a) (a) Statutory and extra good time may be forfeited.

DOC 302.26(4)(b) (b) The amount of good time forfeited may not exceed the amount of time from the mandatory release date to the maximum discharge date.

DOC 302.26(4)(c) (c) Good time may be earned on the amount forfeited.

DOC 302.26(4)(d) (d) Statutory good time may be earned at the rate applicable on the mandatory release date.

DOC 302.26(5) (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.

DOC 302.26 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

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

DOC 302.27(1) (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:

DOC 302.27(1)(a) (a) Committed their crime on or after June 1, 1984.

DOC 302.27(1)(b) (b) Chose to have 1983 Wis. Act 528 apply to him or her.

DOC 302.27(2) (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.

DOC 302.27(3) (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.

DOC 302.27(4) (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.

DOC 302.27(5) (5) This period of confinement ordered by the reviewing authority may be extended for misconduct in accordance with s. DOC 303.72.

DOC 302.27(6) (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.

DOC 302.27 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.28 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.

DOC 302.28 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.29 DOC 302.29 Extended supervision violators.

DOC 302.29(1) (1) This section applies to inmates who are serving a bifurcated sentence and whose extended supervision has been revoked.

DOC 302.29(2) (2) An inmate who has had their extended supervision revoked shall serve a period of reconfinement up to the entire term of the sentence less time served in custody prior to release to community supervision. The period of reconfinement may be adjusted by any of the following:

DOC 302.29(2)(a) (a) Credit toward the satisfaction of the sentence from the beginning date of the sentence to the date of release to community supervision.

DOC 302.29(2)(b) (b) The inmate shall receive credit as determined by the reviewing authority for all days in custody following the date of release. Credit will also be applied when presentence credit is granted after revocation and during the current reincarceration of the case to which the credit applies. This period of reconfinement ordered by the reviewing authority may be extended for misconduct in accordance with s. DOC 303.72.

DOC 302.29(3) (3) An 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. The remainder of the sentence is the entire sentence less time served in custody prior to release to community supervision.

DOC 302.29 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.30 DOC 302.30 Revocation of probation.

DOC 302.30(1) (1) A probationer whose probation is revoked shall receive credit toward the satisfaction of the sentence, including sentence credit in accordance with s. 973.155 (1), Stats. Probationers who before June 1, 1984 committed the crime for which they were sentenced and did not choose to have 1983 Wis. Act 528 apply to them shall receive credit for statutory good time earned while in custody.

DOC 302.30(2) (2) If the probationer has already been sentenced, the term of the sentence shall begin upon revocation.

DOC 302.30(3) (3) If the probationer has not been sentenced, both of the following shall apply:

DOC 302.30(3)(a) (a) The probationer shall be returned to court for sentencing.

DOC 302.30(3)(b) (b) The term of the sentence shall begin on the date of sentencing unless the sentence is consecutive to another sentence.

DOC 302.30 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.31 DOC 302.31 Effect of escape on sentence. The following shall apply to the sentence calculation of an inmate who escapes from custody: