DOC 331.12DOC 331.12 Harmless error. The secretary may deem a failure to comply with a requirement under this chapter as harmless error if it does not prejudice a fair proceeding or disposition.

DOC 331.13DOC 331.13 Post revocation hearing to determine good time forfeiture, reincarceration, or reconfinement time.

DOC 331.13(1)(a)(a) Good time forfeiture hearings apply to offenders who, before June 1, 1984, committed the crime for which they were sentenced to a period of incarceration in the Wisconsin state prison and chose not to have 1983 Wis. Act 528 apply.

DOC 331.13(1)(b)(b) Reincarceration hearings apply to offenders who, between June 1, 1984, and December 30, 1999, committed the crime for which they were sentenced to a period of incarceration in the Wisconsin state prison and to any other offender who chose to have 1983 Wis. Act 528 apply, except offenders sentenced under s. 973.01, Stats.

DOC 331.13(1)(c)(c) Reconfinement hearings apply to offenders who, on or after December 31, 1999, committed the crime for which they received a bifurcated sentence under s. 973.01, Stats.

DOC 331.13(2)(2) Hearing. The offender is entitled to a hearing under sub. (1) (a), (b), or (c) to determine the amount of good time to be forfeited, or the amount of reincarceration or reconfinement time to be served.

DOC 331.13(3)(3) Waiver. The offender may waive, in writing, the right to a hearing. The waiver may be withdrawn by the offender prior to the decision if the offender establishes that it was not knowingly, voluntarily, or intelligently made.

DOC 331.13(4)(4) Amount of time available. The agent shall notify the reviewing authority of the amount of good time available for forfeiture, or the amount of reincarceration or reconfinement time available.

DOC 331.13(5)(a)(a) For a proceeding under sub. (1) (a), the agent shall recommend to the reviewing authority that a specific amount of good time be forfeited and whether good time should be earned upon the forfeited good time. For a proceeding under sub. (1) (b) or (c), the agent shall recommend a specific period of reincarceration or reconfinement. The amount of time may be expressed only in terms of years, months, and days. The agent shall include the reasons and facts consistent with the criteria listed in par. (b) that support the recommendation.

DOC 331.13(5)(b)(b) In making a recommendation, the agent shall consider all of the following:

DOC 331.13(5)(b)4.4. The amount of time left before mandatory release if the offender is a discretionary release parolee.

DOC 331.13(5)(b)5.5. The amount of time necessary to meet the goals and objectives of supervision under ch. DOC 328.

DOC 331.13(5)(b)6.6. The amount of time necessary to protect the public from the offender’s further criminal activity, to prevent depreciation of the seriousness of the violation or to provide a confined correctional treatment setting.