Section 302.30. Waiver of good time or entitlement to mandatory release.

 

(1)  In this section "good time" means credit which diminishes an inmate's period of incarceration, and includes both statutory good time, under s. 53.11 , 1981 Stats., which is credit for good conduct and performing all required duties, and extra good time, which is credit for diligence and which is earned according to the conditions and procedures set forth in s. DOC 302.27 . Inmates who committed crimes before June 1, 1984, and did not choose to have 1983 Wis. Act 528 apply to them earn good time.

(2)  An inmate or a person on mandatory release may waive good time and an inmate or person on mandatory release who committed an offense on or after June 1, 1984, or who makes a written request to the department pursuant to section 29 of 1983 Wis. Act 528 , may waive entitlement to mandatory release. All waivers are subject to approval by the department.

(3)  The inmate or person on mandatory release who wants to waive good time or mandatory release shall do this in accordance with the following conditions and procedures:

(a) Except in an emergency, an inmate's request to waive good time or mandatory release shall be made not earlier than 90 days before the projected mandatory release date and not later than 30 days before that date;

(b) Not less than 15 days and not more than 180 days of good time may be waived at one time, and similarly a waiver may not result in extending the mandatory release date for less than 15 days or more than 180 days, except that a person on mandatory release may waive 360 days of good time at one time;

(c) Good time or mandatory release that is waived shall not be reinstated, except for good cause;

(d) A request to waive good time or mandatory release shall be made in writing by the inmate or person on mandatory release; and

(e) The inmate shall consult with his or her social worker and the person on mandatory release shall consult with his or her parole agent before the department will make a decision to approve a waiver of good time or of mandatory release.

(4)  The administrator of the division of adult institutions or a designee shall make decisions on waivers by inmates, and the administrator of the division of probation and parole or a designee shall make decisions on waivers by mandatory release parolees. The administrator or designee shall evaluate each request according to the criteria in this subsection and shall make a record of the reasons for the decision. Waiver requests may be approved only if extension of incarceration or new incarceration does not contribute to unreasonable overcrowding or threaten institutional security and only if:

(a) An inmate or person on mandatory release wants to complete an on-going course of medical treatment or care for an illness or injury which began in the correctional facility;

(b) An inmate wants to complete an educational or vocational program begun in the correctional facility;

(c) Time is needed to reestablish a release plan that is no longer functional; or

(d) Another objective that promotes the individual's reintegration into society will be accomplished.

History: Cr. Register, August, 1979, No. 284 , eff. 9-1-79; emerg. am. eff. 8-5-85; am. Register, February, 1986, No. 362 , eff. 3-1-86; renum. from HSS 302.26, Register, February, 1987, No. 374 , eff. 3-1-87.