Section 2.06. Good time forfeiture, reconfinement and reincarceration hearings.

 

(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.

History: Cr. Register, December, 1991, No. 432 , eff. 1-1-92; CR 09-101 : am. (title), (1), (2), (3) (a), (b) 1., 2., (4) (intro.), (a), (5), (6) (c) 1., 2., (d), (7) Register May 2010 No. 653 , eff. 6-1-10.