Terms Used In Wisconsin Statutes 807.15

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
   (1)    In this section, “prisoner” has the meaning given in s. 801.02 (7) (a) 2.
   (2)   In any action or special proceeding, including a petition for a common law writ of certiorari, brought by a prisoner, the court may, on its own motion or on the motion of any party, order the department of corrections to extend the prisoner’s mandatory release date calculated under s. 302.11 (1) or the prisoner’s eligibility for release to extended supervision under s. 302.113 (3) (bm) or 302.114 (3) (c) or order the sheriff to deprive the prisoner of good time under s. 302.43 if the court finds that any of the following applies:
      (a)    The action or special proceeding was filed for a malicious purpose.
      (b)    The action or special proceeding was filed solely to harass the party against which it was filed.
      (c)    The prisoner testifies falsely or otherwise knowingly offers false evidence or provides false information to the court.
   (3)   
      (a)    Subject to pars. (b) and (c), if a court orders the department of corrections to extend a prisoner’s mandatory release date or eligibility for release to extended supervision or orders the sheriff to deprive the prisoner of good time under sub. (2), the order shall specify the number of days by which the mandatory release date or eligibility for release to extended supervision is to be extended or the good time deprived.
      (b)    An order under sub. (2) to extend a prisoner’s mandatory release date or deprive a prisoner of good time may not require the prisoner to serve more days than provided for under the prisoner’s sentence.
      (c)    An order under sub. (2) to extend the eligibility for release to extended supervision of a prisoner subject to s. 302.113 may not require the prisoner to serve more days in prison than the total length of the prisoner’s bifurcated sentence.
   (4)   This section applies to prisoners who committed an offense on or after September 1, 1998.