Wisconsin Statutes
Wis. Stat. § 973.198 (2026)
Sentence adjustment; positive adjustment time
✓ current as of July 2026
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973.198(1)(1) When an inmate who is serving a sentence imposed under s. 973.01 and who has earned positive adjustment time under s. 302.113, 2009 stats., or under s. 304.06, 2009 stats., has served the confinement portion of his or her sentence less positive adjustment time earned between October 1, 2009, and August 3, 2011, he or she may petition the sentencing court to adjust the sentence under this section, based on the number of days of positive adjustment time the inmate claims that he or she has earned.
973.198(3)(3) Within 60 days of receipt of a petition filed under sub. (1), the sentencing court shall either deny the petition or hold a hearing and issue an order relating to the inmate’s sentence adjustment and release to extended supervision.
973.198(5)(5) 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, 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.
973.198(6)(6) An inmate who submits a petition under this section may not apply for adjustment of the same sentence under s. 973.195 for a period of one year from the date of the petition.
973.198 AnnotationThe supreme court reversed the court of appeals determination that this section does not violate the constitutional prohibition against ex post facto laws, but did not provide a remedy in this case or remand for relief. State ex rel. Singh v. Kemper, 2016 WI 67, 371 Wis. 2d 127, 883 N.W.2d 86, 13-1724.
Notes of Decisions
Cited in 3
cases, 2014–2019 · leading case: State Ex Rel. Singh v. Kemper, 2016 WI 67 (Wis. 2016).
State Ex Rel. Singh v. Kemper, 2016 WI 67 (Wis. 2016). “A majority of the court concludes that Wis. Stat. § 973.198 violates the constitutional prohibition against ex post facto laws because it makes the punishment for an offense more burdensome after it was committed.”
State ex rel. Singh v. Kemper, 2014 WI App 43 (Wis. Ct. App. 2014). “Act 38, which repealed or modified the early release provisions established in the 2009 act, effective August 3, 2011, and created Wis. Stat. § 973.198 (2011-12), 2 which altered the procedures for procuring early release based upon PAT purportedly earned through August 3, 2011.”
Muhannad M. Salim v. Reed Richardson (Wis. Ct. App. 2019). “The circuit court quashed the writ, finding that it had the authority to resentence Salim as it did based on precedent concerning sentencing errors and that Salim was never denied PAT because he never petitioned the circuit court to adjust his sentence based on the number of…”
Wis. Stat. § 973.198(1): 2 cases
State Ex Rel. Singh v. Kemper, 2016 WI 67 (Wis. 2016). “A majority of the court concludes that Wis. Stat. § 973.198 violates the constitutional prohibition against ex post facto laws because it makes the punishment for an offense more burdensome after it was committed.”
State ex rel. Singh v. Kemper, 2014 WI App 43 (Wis. Ct. App. 2014). “Act 38, which repealed or modified the early release provisions established in the 2009 act, effective August 3, 2011, and created Wis. Stat. § 973.198 (2011-12), 2 which altered the procedures for procuring early release based upon PAT purportedly earned through August 3, 2011.”
Wis. Stat. § 973.198(3): 2 cases
State Ex Rel. Singh v. Kemper, 2016 WI 67 (Wis. 2016). “A majority of the court concludes that Wis. Stat. § 973.198 violates the constitutional prohibition against ex post facto laws because it makes the punishment for an offense more burdensome after it was committed.”
State ex rel. Singh v. Kemper, 2014 WI App 43 (Wis. Ct. App. 2014). “Act 38, which repealed or modified the early release provisions established in the 2009 act, effective August 3, 2011, and created Wis. Stat. § 973.198 (2011-12), 2 which altered the procedures for procuring early release based upon PAT purportedly earned through August 3, 2011.”
Wis. Stat. § 973.198(5): 1 case
Muhannad M. Salim v. Reed Richardson (Wis. Ct. App. 2019). “The circuit court quashed the writ, finding that it had the authority to resentence Salim as it did based on precedent concerning sentencing errors and that Salim was never denied PAT because he never petitioned the circuit court to adjust his sentence based on the number of…”
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