Current through August 26, 2024
(1) APPLICABILITY.
This section applies to good time forfeiture hearings, reconfinement and
reincarceration hearings when the offender has waived his or her right to a
final revocation hearing.
(2)
HEARING. Following receipt of a request from the department for a good time
forfeiture, reconfinement or reincarceration hearing, the division shall
conduct a hearing at the offender's assigned correctional institution. The
administrative law judge may conduct the hearing in person or by telephone or
video conference to determine the amount of good time to be forfeited or the
period of reincarceration or reconfinement. In the case of good time
forfeitures for mandatory release parolees, the division shall also determine
whether or not good time may be earned on the forfeited good time.
(3) NOTICE.
(a) Notice of the hearing shall be sent to
the offender, the offender's agent and the correctional institution.
(b) The notice shall include:
1. The date, time, place of the hearing and
the amount of time available for forfeiture, reconfinement or reincarceration,
and;
2. A statement of the
offender's rights as established under sub. (4).
(4) OFFENDER'S RIGHTS. The
offender has the following rights at the hearing:
(a) To be present at the hearing in person or
by telephone or video conference;
(b) To speak and respond to questions from
the administrative law judge, and;
(c) To present written or documentary
evidence.
(5) PROCEDURE.
(a) The hearing shall be closed to the public
and may be conducted by video conference. The hearing may also be conducted by
telephone conference.
(b) The
administrative law judge shall read aloud the department's recommendation and
may admit into evidence the offender's institutional conduct record, any
documents submitted by the department and any written, oral or documentary
evidence presented by the offender.
(6) DECISION.
(a) The administrative law judge shall
consider only the evidence presented at the hearing in making the
decision.
(b) The following
criteria shall be considered by the administrative law judge in determining the
amount of good time forfeited or the period of reincarceration:
1. The nature and severity of the original
offense;
2. The client's
institutional conduct record;
3.
The client's conduct and behavior while on parole;
4. The amount of good time forfeiture or the
period of reincarceration that is necessary to protect the public from the risk
of further criminal activity, to prevent the undue depreciation of the
seriousness of the violation or to provide confined correctional
treatment.
(c) The
administrative law judge shall decide:
1.
Whether good time should be forfeited, the amount of such forfeiture and, for
mandatory release parolees, whether or not good time may be earned on the
amount forfeited, or;
2. In the
case of reincarceration hearings, the period of reincarceration.
3. In either case, sentence credit in
accordance with s.
973.155(1),
Stats.
(d) The
administrative law judge's decision shall be written and forwarded within 10
days after the closing of the record to the offender, the department's
representative and the correctional institution.
(e) The administrative law judge's decision
shall take effect and be final 10 days after the date it is issued unless the
client or the department files an appeal under sub. (7).
(7) APPEAL. The offender or the department
may appeal the administrative law judge's decision by filing a written appeal
with arguments and supporting materials, if any, with the administrator within
10 days of the date of the administrative law judge's written decision. The
appellant shall submit a copy of the appeal to the other party who has 7 days
to respond.
(8) ADMINISTRATOR'S
DECISION.
(a) The administrator may modify,
sustain, reverse, or remand the administrative law judge's decision based upon
the evidence presented at the hearing and the materials submitted for
review.
(b) The administrator shall
forward a written appeal decision to the client and the department's
representative within 21 days after receipt of the appeal, unless the time is
extended by the administrator.
