Section 302.31. Extra good time for inmates not covered by 1983 Wis. Act 528.

 

(1)  This section does not apply to inmates who committed crimes on or after June 1, 1984, and to other inmates who chose to have 1983 Wis. Act 528 apply to them.

(2)   Conditions for earning credit. In order to provide an incentive to inmates in approved work and study programs to develop and reinforce positive behavior, and to promote institutional order, an inmate shall earn extra good time credit if he or she is:

(a) Assigned to a vocational, job, school, or program assignment under ch. DOC 302 and surpasses the general average in diligence in labor or study for that assignment (see sub. (4) );

(b) Involuntarily unassigned and:

1. His or her last assignment was terminated because of medical or psychological problems caused or aggravated by the assignment, which were verified by the clinical staff and which made it difficult or impossible to perform in the assignment, and the appropriate staff member was notified within 2 working days after termination of the last assignment, of the inmate's willingness to work at another assignment consistent with his or her abilities; or

2. Is eligible for an assignment but has not been offered one by the program review committee (PRC) under ch. DOC 302 ;

(c) In administrative confinement under ch. DOC 308 and was earning extra good time credit in his or her status immediately prior to this confinement;

(d) In observation under ch. DOC 311 and was earning extra good time credit in his or her status immediately prior to this confinement;

(e) In temporary lockup (TLU) under ch. DOC 303 and was earning extra good time credit in his or her prior status; or in TLU immediately after being in program adjustment, or control segregation under ch. DOC 303 , and he or she was earning extra good time credit in the prior nonsegregation status. If the inmate's status in TLU is a result of a disciplinary charge, he or she may earn extra good time credit until the time of the disposition of the charge. If found innocent, the inmate may continue to earn extra good time credit. If found guilty, the inmate shall not thereafter be eligible to earn extra good time credit until he or she leaves segregation;

(f) Participating in a correspondence course approved for study assignment by the PRC;

(g) Out of the institution for a court appearance or dental or medical appointment and he or she was earning extra good time credit in the status immediately prior to leaving the institution for such matters;

(h) In sick cell status and he or she was earning extra good time credit in the status immediately prior to this status; or

(i) In a hospital placement (including those inmates transferred to mental health or medical facilities) and was earning extra good time credit in the status immediately prior to this status.

(3)   Conditions under which extra good time credit shall not be earned. An inmate shall not earn extra good time credit if the conditions under sub. (1) are not satisfied or if he or she:

(a) Is voluntarily unassigned;

(b) Is involuntarily unassigned for reasons other than those stated under sub. (2) (b) , for instance, to simply avoid work or study;

(c) Is in adjustment segregation;

(d) Is in program segregation;

(e) Is in control segregation;

(f) Refuses to accept a work or study assignment offered by the PRC; or

(g) Is in voluntary confinement — unless the inmate requested placement in this status upon the recommendation of, or with approval of the security director for the purpose of ensuring the inmate's safety and the inmate was earning extra good time prior to such placement.

(4)   Criteria for awarding extra good time credit. The department shall establish reasonably uniform written criteria that shall be used for the awarding of extra good time credit for all vocational, job, school, and program assignments with similar necessary skills and responsibilities within all adult correctional facilities.

(a) To the extent that is necessary because of the unique requirements of a vocational, job, school or programming assignment each supervisor shall establish additional reasonable criteria consistent with the necessary skills and responsibilities of that assignment that shall be used to evaluate an inmate's diligence in that assignment for the purpose of awarding extra good time credit.

(b) The criteria under sub. (3) or (4) shall be the only criteria used in the determination of whether to award credit and shall state what is meant by "the general average in diligence in labor or study" for that assignment.

(c) If an inmate is not capable of performing in his or her assignment at the level of "the general average in diligence," for instance, because of poor dexterity skills or mental, developmental, or physical disabilities that have been confirmed through clinical testing, the supervisor shall develop new reasonable criteria for evaluation consistent with the skills and responsibilities of that assignment and the special disabilities of the inmate, if the inmate, his or her social worker, and supervisor agree that a change of assignment is unnecessary or undesirable.

(d) The criteria for evaluating inmate diligence in performance for each assignment and any special criteria developed pursuant to par. (c) shall be available to inmates prior to commencement of the assignment and to the staff upon request.

(5)   Performance evaluations.

(a) Each supervisor shall make a written evaluation of the inmate's performance under the following circumstances;

1. When it is required under s. DOC 309.55 ;

2. If the supervisor does not recommend extra good time credit for an inmate for a particular month based on the inmate's performance; or

3. The inmate's social worker requests a written performance evaluation.

(b) The written evaluation under par. (a) shall indicate whether or not extra good time credit is recommended for an inmate. If extra good time is not recommended for a particular month, the reasons for this decision shall be noted on the evaluation.

(c) If extra good time credit is not recommended for an inmate for a particular month, he or she shall receive written notice of the decision from the supervisor, including the reasons for it, within 5 working days of the decision.

(d) An inmate may appeal a decision under sub. (4) to his or her supervisor within 5 days of receipt of notice. The supervisor shall have the authority to amend his or her earlier decision in favor of the inmate within 5 working days of the appeal. If amended, the registrar and the inmate shall receive written notification of the change and the reasons for it. Failure by the supervisor to render a decision within the allowed time shall signify an affirmance of the earlier decision, and the inmate shall be notified of this.

(e) If the supervisor fails to amend his or her earlier decision within the time allowed, the inmate may appeal to the superintendent within 5 working days after that time. If the superintendent fails to render a decision within 5 working days after the appeal, the decision of the supervisor under sub. (10) is affirmed, and the inmate shall be notified of this.

(f) Any question regarding an inmate's eligibility for credit under sub. (1) or (2) shall be referred to the superintendent for resolution.

(6)   Schedule of good time credit. An inmate shall earn extra good time credit as follows: - See PDF for table

(a) If an inmate is entitled to extra good time for any fraction of a calendar day, that whole day shall be credited.

(b) An inmate shall earn fractions of one day of extra good time for each day in a status entitling the inmate to credit.

History: Cr. Register, May, 1981, No. 305 , eff. 6-1-81; renum. from HSS 302.27, cr. (1), Register, February, 1987, No. 374 , eff. 3-1-87; r. (5) (intro.), renum. (5) (a) to (d) to be (c) to (f), cr. (5) (a) and (b), Register, June, 1989, No. 402 , eff. 7-1-89; correction in (3) (b) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612 .

Note

There is no DOC 302.31 (10). Microsoft Windows NT 6.1.7601 Service Pack 1