Section 302.23. Discretionary parole violators not subject to 1983 Wis. Act 528.

 

(1)  This section applies to inmates who, before June 1, 1984, committed the crime for which they were sentenced and did not choose to have 1983 Wis. Act 528 apply to them.

(2)  In this section, "discretionary parole violator" means an inmate released by the parole commission under s. 304.06 (1) (a) , Stats., who violated parole prior to his or her mandatory release date.

(3)  A discretionary parole violator shall receive credit toward the satisfaction of the sentence from the beginning date of the sentence until the date of violation of parole determined by a department of administration hearing examiner.

(4)  A discretionary parole violator shall receive credit as determined by a department of administration hearing examiner for all time from the date of placement in custody after violation to the date of return to the institution, including statutory good time for the period during which the parolee was in custody. In this subsection, "in custody" means any time the parolee spent confined, as described in s. 973.155 (1) , Stats., in connection with the violation.

(5)  A discretionary parole violator may not be released until he or she has served the sentence to the recomputed mandatory release date plus tolled time defined in s. DOC 331.15 and forfeited good time less good time earned on the forfeited good time in accordance with the hearing examiner's decision. The maximum discharge date shall be extended by the amount of time tolled.

(6)  A department of administration hearing examiner may require a discretionary parole violator to serve forfeited statutory and extra good time. The amount of good time forfeited may not exceed the good time earned as of the date of violation. The hearing examiner may allow a discretionary parole violator to earn good time on the amount forfeited. If allowed, good time shall be earned at the rate applicable on the date of violation as a continuous sentence.

History: Cr. Register, August, 1979, No. 284 , eff. 9-1-79; emerg. r. and recr. eff. 9-10-86; r. and recr. Register, February, 1987, No. 374 , eff. 3-1-87.

Note

Section DOC 331.15 was repealed by CR 10-125 eff. 7-1-13. Microsoft Windows NT 6.1.7601 Service Pack 1