Wis. Admin. Code Department of Corrections DOC 302.25 - Discretionary parole violators not subject to 1983 Wis. Act 528

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

(a) The inmate committed their crime before June 1, 1984.

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

(c) Were released by the parole commission under s. 304.06(1), Stats.

(d) Violated terms and conditions of parole prior to 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 until the date of violation under sub. (1) (d) determined by the reviewing authority under ch. DOC 331 or HA 2.

(3) The inmate shall receive credit, for all days in custody, authorized under s. 973.155, Stats., in connection with the violation. 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 good time earned as of the date of violation under sub. (1) (d).

(c) The inmate shall be allowed to earn good time on the amount of time forfeited.

(d) Statutory good time shall be earned at the rate being earned on the date of violation under sub. (1) (d).

(5) The inmate must serve the sentence to the recalculated mandatory re lease date which, based on the decision of the reviewing authority, may include one or both of the following:

(a) Tolled time as defined in s. DOC 328.03(40).

(b) Forfeited good time, less good time earned on the forfeited good time.

(6) The maximum discharge date shall be extended by the amount of time tolled.

Notes

Wis. Admin. Code Department of Corrections DOC 302.25

Cr. Register, February, 1987, No. 374, eff. 3-1-87. Adopted by, CR 17-026: cr., Register June 2018 No. 750, eff. 7/1/2018