Section 331.13. Post revocation hearing to determine good time forfeiture, reincarceration, or reconfinement time.

 

(1)   Applicability.

(a) Good time forfeiture hearings apply to offenders who, before June 1, 1984, committed the crime for which they were sentenced to a period of incarceration in the Wisconsin state prison and chose not to have 1983 Wis. Act 528 apply.

(b) Reincarceration hearings apply to offenders who, between June 1, 1984, and December 30, 1999, committed the crime for which they were sentenced to a period of incarceration in the Wisconsin state prison and to any other offender who chose to have 1983 Wis. Act 528 apply, except offenders sentenced under s. 973.01 , Stats.

(c) Reconfinement hearings apply to offenders who, on or after December 31, 1999, committed the crime for which they received a bifurcated sentence under s. 973.01 , Stats.

(2)   Hearing. The offender is entitled to a hearing under sub. (1) (a) , (b) , or (c) to determine the amount of good time to be forfeited, or the amount of reincarceration or reconfinement time to be served.

(3)   Waiver. The offender may waive, in writing, the right to a hearing. The waiver may be withdrawn by the offender prior to the decision if the offender establishes that it was not knowingly, voluntarily, or intelligently made.

(4)   Amount of time available. The agent shall notify the reviewing authority of the amount of good time available for forfeiture, or the amount of reincarceration or reconfinement time available.

(5)   Criteria.

(a) For a proceeding under sub. (1) (a) , the agent shall recommend to the reviewing authority that a specific amount of good time be forfeited and whether good time should be earned upon the forfeited good time. For a proceeding under sub. (1) (b) or (c) , the agent shall recommend a specific period of reincarceration or reconfinement. The amount of time may be expressed only in terms of years, months, and days. The agent shall include the reasons and facts consistent with the criteria listed in par. (b) that support the recommendation.

(b) In making a recommendation, the agent shall consider all of the following:

1. The nature and severity of the original offense.

2. The offender's institution conduct record.

3. The offender's conduct and behavior while on supervision.

4. The amount of time left before mandatory release if the offender is a discretionary release parolee.

5. The amount of time necessary to meet the goals and objectives of supervision under ch. DOC 328 .

6. The amount of time necessary to protect the public from the offender's further criminal activity, to prevent depreciation of the seriousness of the violation or to provide a confined correctional treatment setting.

7. Other mitigating or aggravating circumstances.

CR 10-125 : cr. Register June 2013 No. 690 , eff. 7-1-13.