Section DOC 302.36 - Positive adjustment time Inmates who are eligible to earn positive adjustment time may petition the sentencing court to adjust the inmate's sentence under s. 973.198, Stats., in accordance with the following:
(1) The inmate may petition the sentencing court up to 90 days prior to the completion of the confinement portion less positive adjustment time earned if all of the following criteria are met: (a) The inmate is serving a sentence imposed under s. 973.01, Stats.(b) The inmate earned positive adjustment time under s. 302.113, 2009 Stats., or s. 304.06, 2009 Stats. in accordance with one of the following: 1. The inmate serving a sentence imposed prior to October 1, 2009, for a crime committed after December 30, 1999, may earn positive adjustment time under s. 302.113, 2009 stats., or under s. 304.06, 2009 stats., based on the number of days of positive adjustment time earned between October 1, 2009, and August 3, 2011.2. The inmate serving a sentence for a crime committed, conviction entered, or sentence imposed between October 1, 2009, and August 3, 2011, may earn positive adjustment time under s. 302.113, 2009 stats., or under s. 304.06, 2009 stats., based on the number of days of positive adjustment time earned between October 1, 2009, and discharge from the sentence.(c) The inmate served the confinement portion of their sentence less positive adjustment time earned.(2) If the court determines that the inmate has earned positive adjustment time, the court may reduce the term of confinement in prison by the amount of time remaining in the term of confinement in prison portion of the sentence by the number of positive adjustment time earned, less up to 30 days, and shall lengthen the term of extended supervision so that the total length of the bifurcated sentence originally imposed does not change.(3) An inmate who files a petition under sub. (1) shall be released to extended supervision or to another sentence only as determined and approved by the court.(4) If an inmate is subject to more than one sentence imposed under this section, the sentences shall be treated individually.Wis. Admin. Code Department of Corrections DOC 302.36
EmR0939: emerg. cr. eff. 12-31-09; CR 09-120: cr. Register November 2010 No. 659, eff. 12-1-10.Adopted by, CR 17-026: cr., Register June 2018 No. 750, eff. 7/1/2018