Chapter DOC 302

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:

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

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

DOC 302.33 DOC 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.

DOC 302.33(3) (3) An inmate shall earn one day of extra good time credit for every 6 days in an eligible status.

DOC 302.33(4) (4) If an inmate is entitled to extra good time for any fraction of a calendar day, that whole day shall be credited.

DOC 302.33 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.34 DOC 302.34 Special action release program.

DOC 302.34(1) (1) In accordance with s. 304.02, Stats., the special action release program authorizes the secretary to relieve crowding in institutions by releasing select inmates to parole supervision other than by mandatory release or a discretionary parole.

DOC 302.34(2) (2) To be eligible for special action release consideration, the inmate shall meet all of the following:

DOC 302.34(2)(a) (a) Be parole-eligible under s. 304.06, Stats., and ch. PAC 1.

DOC 302.34(2)(b) (b) Not be serving a life sentence.

DOC 302.34(2)(c) (c) Not be serving a bifurcated sentence under s. 973.01, Stats.

DOC 302.34(2)(d) (d) Not have been previously granted a special action release under this section if currently serving time on a new criminal conviction.

DOC 302.34(2)(e) (e) Have served a minimum of 6 months in the Wisconsin prison system.

DOC 302.34(2)(f) (f) Be within 18 months of mandatory release on the date of the special action release.

DOC 302.34(2)(g) (g) Never have had a felony or misdemeanor conviction for an assaultive crime.

DOC 302.34(2)(h) (h) Have no known history of assaultive conduct inside or outside of a correctional institution, except that an inmate who has a known history of assaultive conduct that did not result in a conviction may be considered for special action release if one of the following applies:

DOC 302.34(2)(h)1. 1. The conduct occurred more than 5 years prior to SAR review by the social worker under sub. (5).

DOC 302.34(2)(h)2. 2. The inmate acted in self-defense or defense of property.

DOC 302.34(2)(h)3. 3. The inmate is to be released to a structured living arrangement such as a halfway house.

DOC 302.34(2)(h)4. 4. The inmate’s conduct was an isolated incident not likely to be repeated.

DOC 302.34(2)(h)5. 5. The inmate’s age or physical condition makes repeat of the assaultive conduct unlikely.

DOC 302.34(2)(i) (i) If an active detainer exists in another jurisdiction, the remainder of that sentence is equal to or longer than the remainder of the Wisconsin sentence and the jurisdiction issuing the detainer intends to obtain custody of the inmate immediately upon release.

DOC 302.34(2)(j) (j) Have an approved parole plan.

DOC 302.34(2)(k) (k) If to be supervised in another state, shall be accepted for supervision by that other state.

DOC 302.34(2)(L) (L) Agrees to intensive supervision and any other special conditions the agent or secretary may impose.

DOC 302.34(3) (3) An inmate is eligible for special action release to parole supervision without meeting the eligibility criteria of sub. (2) if all of the following conditions are met:

DOC 302.34(3)(a) (a) The inmate population equals or exceeds the statewide inmate population limit promulgated by rule under s. 301.055, stats.

DOC 302.34(3)(b) (b) The inmate is not currently incarcerated regarding a felony conviction for an assaultive crime.

DOC 302.34(3)(c) (c) The institution social worker or the agent has reason to believe the inmate will be able to maintain himself or herself in society without engaging in assaultive activity.

DOC 302.34(3)(d) (d) The inmate is not granted a special action release more than 18 months before their expected release date under s. 302.11, stats.

DOC 302.34(3)(e) (e) The inmate is eligible for release under s. 304.06 (1) (b), Stats.