Truth in Sentencing in Wisconsin: Prison and Supervision Terms

Under Truth in Sentencing in Wisconsin, every prison sentence for a felony (and for any misdemeanor that draws prison time) comes in two fixed pieces the judge announces in open court: a term of confinement followed by a term of extended supervision. The confinement time is the time served. There is no parole, no good-time credit, and no back-end reduction by corrections officials. Created by 1997 Wisconsin Act 283 and signed into law on June 15, 1998, the framework applies to felonies committed on or after December 31, 1999, and to prison-eligible misdemeanors committed on or after February 1, 2003.¹²

How the Two-Part Sentence Works

Wis. Stat. § 973.01 calls it a bifurcated sentence. The judge states the exact length of both parts at sentencing, and the two together equal the total sentence. A ten-year sentence might be structured as six years of confinement followed by four years of extended supervision. The confinement portion cannot be shorter than one year, and the extended supervision portion has to be at least 25 percent of the confinement term.²

Both pieces are locked in from the day of sentencing. The Department of Corrections cannot discharge someone from custody until both portions have been completed.

No Parole and No Good Time

For any qualifying offense, the statute is direct: a person serving a bifurcated sentence “is not eligible for release on parole under that sentence,” and must “serve the term of confinement in prison portion of the sentence without reduction for good behavior.”²

That is the core of the reform. Under the old indeterminate system, a ten-year sentence could translate into four or five years in prison if the parole board granted early release. Under the current system, six years of confinement means six years of confinement. The release date to extended supervision is fixed at sentencing.

Maximum Prison and Supervision Terms by Felony Class

The legislature sets a ceiling for the total sentence and a separate ceiling for the confinement portion within each felony class. The judge may sentence anywhere up to those limits.

Class A felony: life imprisonment (mandatory).
Class B felony: up to 60 years total; confinement up to 40 years, extended supervision up to 20 years.
Class C felony: up to 40 years total; confinement up to 25 years, extended supervision up to 15 years.
Class D felony: up to 25 years total; confinement up to 15 years, extended supervision up to 10 years.
Class E felony: up to 15 years total; confinement up to 10 years, extended supervision up to 5 years.
Class F felony: up to 12 years and 6 months total; confinement up to 7 years and 6 months, extended supervision up to 5 years.
Class G felony: up to 10 years total; confinement up to 5 years, extended supervision up to 5 years.
Class H felony: up to 6 years total; confinement up to 3 years, extended supervision up to 3 years.
Class I felony: up to 3 years and 6 months total; confinement up to 1 year and 6 months, extended supervision up to 2 years.

Penalty enhancers, such as repeat-offender status or use of a dangerous weapon, can push these maximums higher. Fines apply to most classes, running up to $100,000 for Class C and D felonies and up to $10,000 for Class H and I felonies.²³

The letter-class system itself came from 2003 Wisconsin Act 33 (TIS-II), which took effect on February 1, 2003, and also extended bifurcated sentencing to misdemeanors that result in prison time.⁴

Credit for Time Already Served

Days spent in jail before sentencing count against the confinement portion. Wis. Stat. § 973.155 requires credit for all custody time connected to the conduct that led to the sentence, including time awaiting trial, time during trial, and time awaiting sentencing. The judge must state the exact number of credit days in the written judgment of conviction.⁵

Check the count. If credit was not properly calculated at sentencing, you can petition the Department of Corrections or the sentencing court to have it applied retroactively. Miscounted days happen, and each one directly moves the release date to extended supervision.

Narrow Ways to Cut the Confinement Portion

The general rule is that you serve every day of confinement the judge ordered. Three narrow pathways can reduce that portion. In each, the total sentence length does not change; time shifts from prison to community supervision.

Challenge Incarceration Program

The Challenge Incarceration Program under Wis. Stat. § 302.045 is an intensive program combining manual labor, physical exercise, substance abuse treatment, and counseling. To qualify, the person must volunteer, be under 40 at the start of the program, have a substance abuse problem as determined by the Department, and not be incarcerated for a violent offense listed in Chapter 940 or certain sex offenses. The sentencing judge must have declared the person eligible at sentencing. On successful completion, the Department notifies the court, which can modify the sentence and release the person to extended supervision earlier than scheduled.⁶

Earned Release Program

The Earned Release Program under Wis. Stat. § 302.05 is a treatment program for incarcerated people with substance use disorders. Eligibility mirrors CIP in the key respects: the sentencing judge must declare the person eligible, and the person cannot be serving time for a Chapter 940 violent offense or certain sex offenses. When the Department determines the treatment program has been successfully completed, it notifies the sentencing court, which reduces the confinement portion. The remaining confinement time converts to supervision time.⁷⁸

Sentence Adjustment Petition

Under Wis. Stat. § 973.195, an inmate serving a bifurcated sentence for any class other than Class B can petition the sentencing court to reduce the confinement portion once a minimum share has been served:

Class C through E felonies: at least 85 percent of the confinement portion.
Class F through I felonies: at least 75 percent.

Class B felony inmates are not eligible. The court has full discretion to grant or deny the petition, and a denial does not stop the person from petitioning again after one year.⁹

When Confinement Gets Longer, Not Shorter

Good behavior does not shorten the confinement term, but misconduct can lengthen it. If an inmate violates prison rules or refuses assigned duties, the Department can add days to confinement:

First offense: up to 10 days.
Second offense: up to 20 days.
Third or subsequent offense: up to 40 days per infraction.

Inmates placed in segregation status can have confinement extended by an additional 50 percent of the days spent in segregation.¹⁰ The asymmetry is real: behaving well earns nothing, but disciplinary problems can push the release date back.

Extended Supervision and Revocation

Once the confinement portion is done, the person is released to extended supervision. They remain in the legal custody of the Department and must follow all conditions set by the court and the Department. Law enforcement can search the person, their home, and their property at any time during supervision if an officer has reasonable suspicion of a crime or a supervision violation.¹⁰

Supervision violations carry real consequences. For minor violations, the Department can impose a short-term sanction of up to 90 days of confinement without a full revocation proceeding. For more serious violations, a reviewing authority (the Division of Hearings and Appeals, or the Department itself if the person waives a hearing) can revoke extended supervision entirely.

Revocation sends the person back to prison for a period that cannot exceed the time remaining on the original bifurcated sentence, calculated by subtracting all time previously served in confinement, including time served on any earlier revocations. If the reconfinement order is for less than the full remaining time, the person returns to extended supervision after completing it. If it is for the full remaining time, the sentence is served out in prison with no further supervision to follow.¹⁰

Offenses Committed Before December 31, 1999

Truth in Sentencing does not apply retroactively. Anyone convicted of a felony committed before December 31, 1999, remains under the old indeterminate system and can seek discretionary parole from the Wisconsin Parole Commission, which continues to operate for that shrinking population.¹¹ The distinction matters for anyone whose offense date sits close to that cutoff.

1
Wisconsin State Legislature. 1997 Wisconsin Act 283
2
Wisconsin State Legislature. Wisconsin Code 973.01 – Bifurcated Sentence of Imprisonment and Extended Supervision
3
Wisconsin State Legislature. Statutory Felonies in Wisconsin
4
Wisconsin Court System. State v. Jose A. Trujillo
5
Wisconsin State Legislature. Wisconsin Code 973.155 – Sentence Credit
6
Wisconsin State Legislature. Wisconsin Code 302.045 – Challenge Incarceration Program
7
Wisconsin Department of Corrections. Earned Release Program FAQs
8
Wisconsin State Legislature. Wisconsin Code 302.05 – Wisconsin Substance Abuse Program
9
Wisconsin State Legislature. Wisconsin Code 973.195 – Sentence Adjustment
10
Wisconsin State Legislature. Wisconsin Code 302.113 – Release to Extended Supervision for Felony Offenders Not Serving Life Sentences
11
Wisconsin Department of Corrections. Wisconsin Parole Commission