Wisconsin Administrative Code
Department of Corrections
Chapter DOC 302 - Inmate Classification, Sentence, and Release Provisions
Subchapter III - Sentence and Release Provisions
Section DOC 302.22 - Sentence computation

Universal Citation: WI Admin Code ยง DOC 302.22

Current through August 26, 2024

(1) TIMELINESS. Within a reasonable time frame after an inmate arrives at a correctional institution following sentencing, revocation of probation, discretionary parole, mandatory release parole, extended supervision, return from escape, or staff becomes aware of a change, records staff shall compute the inmate's parole eligibility date, projected release date, and projected discharge date and inform the inmate in writing of these dates.

(2) DETERMINATION OF PAROLE ELIGIBILITY DATE. For persons sentenced for offenses committed before December 31, 1999, or after December 31, 1999 but sentenced to a non-bifurcated sentence, the inmate's eligibility for discretionary parole will be determined under s. 304.06, Stats., subject to all of the following:

(a) An inmate serving a life sentence shall be eligible for parole based on one of the following:
1. If the inmate is not subject to 1983 Wis. Act 528, 1997 Wis. Act 283, or 2001 Wis. Act 109, the inmate is eligible for parole after serving 11 years and 3 months. This period may be extended for misconduct by loss of earned good time under s. DOC 303.72.

2. If the inmate is subject to 1983 Wis. Act 528 and has been ordered eligible for parole by the court, the inmate is eligible for parole after serving 13 years and 4 months or at a later date ordered by the court. This period may be extended for loss of good time under s. DOC 303.72.

(b) An inmate not serving a life sentence shall be eligible for parole based on one of the following:
1. If the inmate committed a crime before November 3, 1983, the inmate shall be eligible for parole when 6 months, less all credit to which the inmate is entitled under s. 973.155, Stats., has been served.

2. If the inmate committed a crime on or after November 3, 1983, and was sentenced to a non-bifurcated sentence, the inmate shall be eligible for parole when 25% of the sentence imposed, or 6 months, whichever is greater, less all credit to which the inmate is entitled under s. 973.155, Stats., has been served.

(c) An inmate is not eligible for parole consideration for at least 60 days following admission to DAI.

(d) If an inmate has more than one sentence, the inmate shall be eligible for parole on each non-bifurcated sentence. If an inmate has received consecutive sentences, the non-bifurcated sentences shall be computed as one continuous sentence for purposes of determining the parole eligibility date.

(e) An inmate serving a bifurcated sentence is not eligible for release on parole under that sentence.

(3) DETERMINATION OF PROJECTED MANDATORY RELEASE DATE FOR AN INMATE SERVING A NON-BIFURCATED SENTENCE.

(a) For an inmate subject to sentencing under law prior to 1983 Wis. Act 528, all of the following apply:
1. The projected mandatory release date shall be the maximum term to which the inmate was sentenced, reduced by any of the following:
a. Sentence credit granted under s. 973.155, Stats.

b. Statutory good time earned under s. 53.11, 1981 Stats.

c. Extra good time earned under s. 53.12, 1981 Stats.

2. Statutory good time shall be credited from the beginning date of the inmate's sentence.

3. Extra good time shall be credited beginning on the date following the inmate's date of arrival at the institution.

4. For an inmate who is serving consecutive sentences for crimes that were committed before the person was admitted to DAI under any of the sentences, records staff shall treat the sentences as one continuous sentence for the purposes of statutory good time credit.

5. For an inmate who is serving a consecutive sentence for a crime that was committed while serving another sentence or on parole, records staff shall treat that sentence as a separate sentence and compute statutory good time as if the consecutive sentence were a first sentence.

6. The projected mandatory release date may be modified based on any of the following:
a. The inmate was released on parole.

b. The date was extended due to forfeiture of earned statutory good time or extra good time for violation of a disciplinary rule under s. DOC 303.72.

c. Any period during which an inmate was in a status under which he or she was not earning extra good time.

d. The inmate was approved to waive entitlement to mandatory release in accordance with s. DOC 302.32.

(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:
1. Statutory or extra good time may not be earned.

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.

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.

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.

5. The projected mandatory release date may be modified based on any of the following:
a. The inmate was released on parole.

b. The date was extended under s. DOC 303.72.

c. The inmate was approved to waive entitlement to mandatory release in accordance with this chapter.

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

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

(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.

(4) DETERMINATION OF EXTENDED SUPERVISION DATE. For an inmate serving a bifurcated sentence, the extended supervision date shall be subject to the following:

(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.

(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.

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

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

(5) DETERMINATION OF RELEASE DATE FOR CONSECUTIVE BIFURCATED AND NON-BIFURCATED SENTENCES.

(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.

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

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