02-1018 State ex rel. Darby v. Litscher, Secretary, Department of Corrections

By: dmc-admin//September 30, 2002//

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The statute does not distinguish between the portion of the original sentence for felony offenses and the portion of an original sentence for misdemeanor offenses.

“Thus, the remainder of the aggregate sentence necessarily includes remainders from all offenses, whether felony or misdemeanor. Certainly the legislature did not intend to require the DOC to separately administer good time depending upon the classification of the crimes; this would be an administrative debacle. Instead, we conclude that a prisoner is subject to the statutes and administrative rules that govern the facility in which he or she is incarcerated. The place of the confinement, rather than the nature of the underlying conviction, controls the question of good time.”

The order quashing the writ of habeas corpus is affirmed.

Recommended for publication in the official reports.

Dist II, Racine County, Vuvunas, J., Anderson, J.

Attorneys:

For Appellant: Vonnie Darby, Sturtevant

For Respondent: Eileen W. Pray, Madison

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