Wisconsin Administrative Code
Department of Corrections
Chapter DOC 302 - Inmate Classification, Sentence, and Release Provisions
Subchapter III - Sentence and Release Provisions
Section DOC 302.26 - Mandatory release parole violators not subject to 1983 Wis. Act 528

Current through August 26, 2024

(1) This section applies to an inmate to whom all of the following criteria apply:

(a) Committed their crime before June 1, 1984.

(b) Did not choose to have 1983 Wis. Act 528 apply to their.

(c) Violated terms and conditions of parole following their mandatory release date and whose supervision is revoked.

(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.

(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.

(4) The reviewing authority shall consider all of the following when making a decision regarding revocation:

(a) Statutory and extra good time may be forfeited.

(b) The amount of good time forfeited may not exceed the amount of time from the mandatory release date to the maximum discharge date.

(c) Good time may be earned on the amount forfeited.

(d) Statutory good time may be earned at the rate applicable on the mandatory release date.

(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.

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