Wisconsin Legislature: DOC 302.26(4)

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

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

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

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

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

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

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

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

DOC 302.31(1)(1) An inmate who escapes from custody shall receive no credit toward the service of the sentence during the period the person is unlawfully absent from custody.

DOC 302.31(2)(2) An inmate shall be regarded as unlawfully absent unless he or she is in the custody of law enforcement officials of any state or the United States.

DOC 302.31(3)(3) An inmate may not receive credit for time in custody while serving a sentence for a crime committed in a jurisdiction outside of Wisconsin while in escape status.

DOC 302.31 HistoryHistory: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

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

DOC 302.32(1)(1) An inmate may make a request to waive good time, mandatory release, or release to extended supervision.

DOC 302.32(2)(2) The inmate’s request shall be in accordance with all of the following:

DOC 302.32(2)(a)(a) Requests shall be submitted in writing to their assigned social worker.

DOC 302.32(2)(b)(b) Requests shall be submitted between 30 and 90 days before the projected mandatory release date or extended supervision date.

DOC 302.32(2)(c)(c) The amount of good time waived, the extension of the mandatory release date, or extended supervision date shall not exceed 180 days.

DOC 302.32(2)(d)(d) Good time, mandatory release, or extended supervision that is waived shall not be reinstated, except for good cause.

DOC 302.32(3)(3) The administrator shall approve or deny waivers based on resources of the department and needs of the inmate.

DOC 302.32(4)(4) The decision shall be in writing and not subject to appeal.

DOC 302.32(5)(5) The warden may submit a request to waive good time, mandatory release, or release to extended supervision on behalf of the inmate in extraordinary situations. Requests made under this subsection are not subject to s. DOC 302.32 (2).

DOC 302.32 HistoryHistory: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

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

DOC 302.33(1)(1) This section applies to inmates who committed their crime before June 1, 1984 and did not choose to have 1983 Wis. Act 528 apply to them.

DOC 302.33(2)(2) An inmate shall earn extra good time under all of the following circumstances:

DOC 302.33(2)(a)(a) By performing above average in a vocational, education, or job assignment.

DOC 302.33(2)(b)(b) By being involuntarily unassigned.

DOC 302.33(2)(c)(c) By being in one of the following statuses and earning extra good time immediately prior to placement in the status:

DOC 302.33(2)(c)1.1. Administrative confinement under ch. DOC 308.

DOC 302.33(2)(c)2.2. Observation under ch. DOC 311.

DOC 302.33(2)(c)3.3. Temporary lockup under s. DOC 303.10

DOC 302.33(2)(c)4.4. Disciplinary separation under s. DOC 303.72.

DOC 302.33(2)(c)5.5. Out of the institution for a court or medical appointment.