302.11 Mandatory release.
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302.11 Mandatory release.
(1)The warden or superintendent shall keep a record of the conduct of each inmate, specifying each infraction of the rules. Except as provided in subs.
(1g),
(1m),
(1q),
(1z), and
(7), each inmate is entitled to mandatory release on parole by the department. The mandatory release date is established at two-thirds of the sentence. Any calculations under this subsection or sub.
(b)or
(b)resulting in fractions of a day shall be rounded in the inmate’s favor to a whole day.
(a)In this subsection, “serious felony” means any of the following:
1. Any felony under s. 961.41
(1),
(1m)or
(1x)if the felony is punishable by a maximum prison term of 30 years or more.
2. Any felony under s. 940.09
(1), 1999 stats., s. 943.23
(1m), 1999 stats., s. 948.35
(b)or
(c), 1999 stats., s. 948.36 , 1999 stats., s. 943.23
(1g), 2021 stats., s. 940.19
(5), 2023 stats., s. 940.195
(5), 2023 stats., or s. 940.198
(2), 2023 stats., or s. 940.02 , 940.03 , 940.05 , 940.09
(1c), 940.21 , 940.225
(1)or
(2), 940.305
(2), 940.31
(1)or
(b), 940.60
(b), 940.65
(b), 940.66
(2), 943.02 , 943.10
(2), 943.231
(1), 943.32
(2), 946.43
(1m), 948.02
(1)or
(2), 948.025 , 948.03
(a)or
(c)or
(a)1. , 2. , 3. , or 4. , 948.05 , 948.06 , 948.07 , 948.072 , 948.08 , or 948.30
(2).
3. The solicitation, conspiracy or attempt, under s. 939.30 , 939.31 or 939.32 , to commit a Class A felony.
(am)The mandatory release date established in sub.
(1)is a presumptive mandatory release date for an inmate who is serving a sentence for a serious felony committed on or after April 21, 1994, but before December 31, 1999.
(b)Before an incarcerated inmate with a presumptive mandatory release date reaches the presumptive mandatory release date specified under par.
(am), the parole commission shall proceed under s. 304.06
(1)to consider whether to deny presumptive mandatory release to the inmate. If the parole commission does not deny presumptive mandatory release, the inmate shall be released on parole. The parole commission may deny presumptive mandatory release to an inmate only on one or more of the following grounds:
1. Protection of the public.
2. Refusal by the inmate to participate in counseling or treatment that the social service and clinical staff of the institution determines is necessary for the inmate, including pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen if the inmate is a serious child sex offender as defined in s. 304.06
(a). The parole commission may not deny presumptive mandatory release to an inmate because of the inmate’s refusal to participate in a rehabilitation program under s. 301.047 .
(c)If the parole commission denies presumptive mandatory release to an inmate under par.
(b), the parole commission shall schedule regular reviews of the inmate’s case to consider whether to parole the inmate under s. 304.06
(1).
(d)An inmate may seek review of a decision by the parole commission relating to the denial of presumptive mandatory release only by the common law writ of certiorari.
(1i)Except as provided in sub.
(1z), an inmate serving a sentence to the intensive sanctions program is entitled to mandatory release. The mandatory release date under sub.
(1)is established at two-thirds of the sentence under s. 973.032
(a).
(1m)An inmate serving a life term is not entitled to mandatory release. Except as provided in ss. 939.62
(c)and 973.014 , the parole commission may parole the inmate as specified in s. 304.06
(1).
(1p)An inmate serving a term subject to s. 961.49
(2), 1999 stats., for a crime committed before December 31, 1999, is entitled to mandatory release, except the inmate may not be released before he or she has complied with s. 961.49
(2), 1999 stats.
(a)An inmate who files an action or special proceeding, including a petition for a common law writ of certiorari, to which s. 807.15 applies shall have his or her mandatory release date extended by the number of days specified in the court order prepared under s. 807.15
(3).
(b)Upon receiving a court order issued under s. 807.15 , the department shall recalculate the mandatory release date of the inmate to whom the order applies and shall inform the inmate of his or her new mandatory release date.
(1z)An inmate who is sentenced to a term of confinement in prison under s. 973.01 for a felony that is committed on or after December 31, 1999, is not entitled under this section to mandatory release on parole under that sentence.
(a)Any inmate who violates any regulation of the prison or refuses or neglects to perform required or assigned duties is subject to extension of the mandatory release date as follows: 10 days for the first offense, 20 days for the 2nd offense and 40 days for the 3rd or each subsequent offense.
(b)In addition to the sanctions under par.
(a), any inmate who is placed in adjustment, program or controlled segregation status shall have his or her mandatory release date extended by a number of days equal to 50 percent of the number of days spent in segregation status. In administering this paragraph, the department shall use the definition of adjustment, program or controlled segregation status under departmental rules in effect at the time an inmate is placed in that status.
(c)No extension under this subsection may require the inmate to serve more days in prison than provided for under the sentence.
(3)All consecutive sentences imposed for crimes committed before December 31, 1999, shall be computed as one continuous sentence.
(4)An inmate may waive entitlement to mandatory release if the department agrees to the waiver.
302.11 Note NOTE: 1985 Wis. Act 27 s. 1 , which amended sub. (4), explains the effect of the amendment in sections 2 and 3 of the act.