Section 302.21. Sentence computation.

 

(1)   Timeliness in computing dates and informing inmates.

(a) Within 10 working days after a person arrives at a correctional institution following sentencing or after an inmate returns from escape, the registrar shall compute the inmate's parole eligibility date, projected mandatory release date and projected discharge date, and shall inform the inmate in writing of these dates.

(b) Within a reasonable time after an inmate arrives at a correctional institution following revocation of probation, discretionary parole or mandatory release parole, the registrar shall inform the inmate in writing of the inmate's parole eligibility date, projected mandatory release date and projected discharge date.

(c) Within a reasonable time after the registrar becomes aware of any change in an inmate's parole eligibility date, projected mandatory release date or projected discharge date, the registrar shall inform the inmate in writing of that change. For an inmate not covered by 1983 Wis. Act 528 , the projected mandatory release date may change due to loss of good time or failure to earn extra good time. For an inmate who, on or after June 1, 1984, committed the crime for which he or she was sentenced and for other inmates who chose to have 1983 Wis. Act 528 apply to them, the mandatory release date may be extended as a penalty for misconduct under ch. DOC 303 .

(2)   Determination of parole eligibility date.

(a) Except for an inmate serving a life sentence and as otherwise specified in chs. DOC 302 to 326 , an inmate who committed a crime before November 3, 1983, shall be eligible for parole when one-half of the minimum sentence for the crime for which the person was convicted less all credit to which the inmate is entitled pursuant to s. 973.155 , Stats., has been served. An inmate who committed a crime on or after November 3, 1983, 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 pursuant to s. 973.155 , Stats., has been served. However, in no case may any inmate be eligible for parole before 60 days has elapsed from the date of the inmate's arrival at the institution. If an inmate was sentenced for more than one crime, he or she shall be eligible for parole on each sentence in order to be considered for parole. If an inmate has received a consecutive sentence, the inmate may not begin serving the consecutive sentence for purposes of parole eligibility until the person has become eligible for parole on the first sentence.

(b)

1. An inmate serving a life sentence who is not covered by 1983 Wis. Act 528 is eligible for parole after serving 11 years and 3 months, a period which may be extended for misconduct by forfeiture of good time under ch. DOC 303 .

2. An inmate serving a life sentence who is covered by 1983 Wis. Act 528 is eligible for parole after serving 13 years and 4 months, a period which may be extended for misconduct under ch. DOC 303 .

(3)   Determination of projected mandatory release date.

(a) For an inmate not covered by 1983 Wis. Act 528 :

1. The projected mandatory release date is the date on which the inmate is to be released from the institution, if not granted parole earlier, and provided that the inmate earns all the statutory and extra good time for which he or she is eligible unless good time is waived or forfeited in accordance with this chapter and ch. DOC 303 ;

2. The projected mandatory release date shall be the maximum term to which the inmate was sentenced, reduced by any sentence credit granted pursuant to s. 973.155 , Stats., and by the statutory and extra good time the inmate may earn during the sentence. Statutory good time shall be credited from the beginning date of the inmate's sentence. Extra good time shall be credited beginning on the date following the inmate's date of arrival at the institution;

3. The registrar, in determining the projected mandatory release date of an inmate who is serving consecutive sentences for crimes which occurred before the person was committed under any of the sentences, shall treat the sentences as one continuous sentence for the purposes of good time credit; and

4. The registrar, in determining the projected mandatory release date of an inmate who is serving a consecutive sentence for a crime which was committed while the person was serving another sentence or on parole, shall treat the second sentence as a separate sentence. Accordingly, statutory good time shall be computed on the second sentence as if it were a first sentence.

(b) For an inmate covered by 1983 Wis. Act 528 :

1. The projected mandatory release date is the date on which the inmate is to be released from the institution, if not granted parole earlier, unless that date is extended pursuant to s. DOC 303.72 for violation of a disciplinary rule or the inmate waives entitlement to mandatory release in accordance with this chapter;

2. The projected mandatory release date shall be two-thirds the maximum term to which the inmate was sentenced, reduced by any sentence credit granted pursuant to s. 973.155 , Stats. Inmates whose crimes were committed before June 1, 1984, but who chose to have 1983 Wis. Act 528 apply to them shall have their mandatory release dates extended by prior forfeitures of statutory and extra good time for misconduct in the institution or on parole. Inmates covered by 1983 Wis. Act 528 do not earn statutory or extra good time; and

3. The registrar, in determining the projected mandatory release date of an inmate who is serving consecutive sentences, shall treat all consecutive sentences, no matter when the crimes were committed, as one continuous sentence.

(c) For any inmate:

1. The registrar, in determining the projected mandatory release date of an inmate serving concurrent sentences imposed at the same time, shall consider the longer sentence as controlling. Each sentence shall begin on the date the sentence is imposed, less any sentence credit granted pursuant to s. 973.155 , Stats.; and

2. The registrar, in determining the projected mandatory release date of an inmate serving concurrent sentences imposed at different times, shall treat each sentence as beginning on the date that it was imposed, less any sentence credit granted to s. 973.155 , Stats.

History: Cr. Register, August, 1979, No. 284 , eff. 9-1-79; r. and recr. Register, February, 1987, No. 374 , eff. 3-1-87; CR 11-022 : am. (3) (b) 1. Register September 2014 No. 705 , eff. 1-1-15.