Wisconsin Administrative Code
Department of Health Services
DHS 30-100 - Community Services
Chapter DHS 96 - Waiver by forensic patients of good time or entitlement to mandatory release
Section DHS 96.03 - Waivers
Current through February 26, 2024
(1) AUTHORITY. A patient may waive good time or may waive entitlement to mandatory release pursuant to section 29 of 1983 Wis. Act 528. Every waiver is subject to approval of the department.
Note: Since July 1, 1980 no defendant in a criminal trial has been committed to the department for specialized treatment at a state mental health institute under the Sex Crimes Law, ch. 975, Stats. However, in mid-1999 about 12 persons who were committed for treatment under that law were still confined at one of the institutes. Section 975.12(2), Stats., provides that commitments under s. 975.06, Stats., are subject to s. 302.11, Stats., and so the changes made to s. 53.11, Stats., the predecessor of s. 302.11, Stats., by 1983 Wis. Act 528 and 1985 Wis. Act 27 apply also to these patients. Under 1983 Wis. Act 528, the system for rewarding inmates for good behavior was changed from awarding good time off of sentence (length of commitment) for good behavior to establishing a mandatory release date at 2/3 of sentence (commitment) and providing for extension of that date for violation of institution regulations or for uncooperative behavior. That session law also provided in s. 29 that while the change in system for rewarding good behavior or penalizing unsatisfactory behavior applies automatically to persons committing offenses occurring on or after June 1, 1984, anyone who committed an offense before that date and was received at the institution before or on that date could, by written request to the department made before October 1, 1984, be subject to the new system.
(2) CONDITIONS AND PROCEDURES. The patient who wants to waive good time or entitlement to mandatory release shall do this in accordance with the following conditions and procedures:
(3) CRITERIA FOR APPROVAL. The secretary or a designee shall make decisions on waivers by patients. The secretary or designee shall evaluate each request according to the criteria in this subsection and shall make a record of the reasons for the decision. Waiver requests may be approved only if: