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807.15.Penalty for certain actions by prisoners.

Ch. 807: Miscellaneous Provisions · Last amended 1997 · Last verified July 15, 2026

In one sentenceSection 807.15 lets a court penalize a prisoner who files a malicious or harassing civil action, or who knowingly offers false testimony or information, by extending the prisoner’s mandatory release date or extended-supervision eligibility, or by ordering the loss of good time, within limits tied to the sentence.

Full Text of Section 807.15

Text sizeJump to: (1) (2) (3) (4)

(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.

Plain-English Summary

Section 807.15 addresses actions and special proceedings, including a petition for a common law writ of certiorari, brought by a prisoner, as defined in Section 801.02 (7)(a)2. under subsection (1). Subsection (2) lets the court, on its own motion or on any party’s motion, order the department of corrections to extend the prisoner’s mandatory release date calculated under Section 302.11 (1) or the prisoner’s eligibility for release to extended supervision under Section 302.113 (3)(bm) or 302.114 (3)(c), or order the sheriff to deprive the prisoner of good time under Section 302.43, if the court finds that the action or proceeding was filed for a malicious purpose, was filed solely to harass the party against which it was filed, or that the prisoner testified falsely or otherwise knowingly offered false evidence or provided false information to the court.

Subsection (3) puts limits on that penalty. Any order extending a release date or eligibility date, or depriving good time, must specify the number of days involved. An order extending a mandatory release date or depriving good time may not require the prisoner to serve more days than the prisoner’s sentence provides. And an order affecting extended-supervision eligibility for a prisoner subject to Section 302.113 may not require the prisoner to serve more days in prison than the total length of the bifurcated sentence. Subsection (4) limits the section as a whole to prisoners who committed their offense on or after September 1, 1998.

Frequently Asked Questions

What kind of prisoner-filed cases does this penalty provision cover?

Any action or special proceeding, including a petition for a common law writ of certiorari, brought by a prisoner as defined in Section 801.02 (7)(a)2., under subsection (2).

On what grounds can a court penalize a prisoner under this section?

If the court finds the action or proceeding was filed for a malicious purpose, was filed solely to harass the party against which it was filed, or that the prisoner testifies falsely or otherwise knowingly offers false evidence or provides false information to the court.

What penalties can the court impose?

Ordering the department of corrections to extend the prisoner’s mandatory release date or eligibility for release to extended supervision, or ordering the sheriff to deprive the prisoner of good time.

Is there a limit on how much extra time a prisoner can be made to serve under this section?

Yes. Subsection (3) bars an order extending the mandatory release date or depriving good time from requiring the prisoner to serve more days than the sentence provides, and bars an order affecting extended-supervision eligibility for a prisoner subject to Section 302.113 from requiring more days in prison than the total length of the bifurcated sentence.

Does this section apply to every prisoner, regardless of when they committed their offense?

No. Subsection (4) limits the section to prisoners who committed an offense on or after September 1, 1998.

Amendment History

History: 1997 a. 133, 283.

Source & verification. Section text and official notes are reproduced verbatim from the Wisconsin Statutes, published by the Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026. · Official source
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