Section 973.195 of the Wisconsin Statutes allows for the early conversion of prison time into supervision once a convicted individual has served 75% to 85% of their confinement. Mays Law (serving Middleton and Madison) seeks judicial release for its clients in Dane County, even when the district attorney (DA) objects under the Stenklyft precedent.

Individuals who are serving prison time for qualifying felonies are eligible to seek sentencing adjustments under Section 973.195 of the Wisconsin Statutes. While the Wisconsin Supreme Court held that district attorneys (DAs) have the authority to block inmates’ requests for sentencing adjustments in State v. Stenklyft, the Court also clarified that lower courts have discretionary authority to grant inmates’ requests absent a valid objection—and inmates may be able to challenge the validity of the DA’s objection in certain cases.

With this in mind, it is important for inmates in Dane County to be aware of their rights under Section 973.195. Those who are eligible to seek early release can engage legal counsel to represent them during the process, and an experienced Dane County criminal defense lawyer will be able to assist with challenging any objections or other issues that may arise.

Eligibility for § 973.195 Adjustment

Not all inmates in Dane County are eligible to seek a sentence adjustment under Section 973.195. Sentence adjustments are only available to inmates who are serving prison time for certain classes of felonies, and other strict requirements apply as well.

Eligible Felony Convictions and Time Served

Section 973.195 only applies to incarcerated individuals who are serving prison time for Class C through Class I felonies. Under subsection 973.195(1g), individuals who are serving time for felonies covered under the law can apply for a sentencing adjustment once they have served the “applicable percentage” of their prison sentence:

  • Class C to Class E Felonies: Inmates can file for a sentence adjustment once they have served 85 percent of their prison sentence.
  • Class F to Class I Felonies: Inmates can file for a sentence adjustment once they have served 75 percent of their prison sentence.

As explained in subsection 973.195(1r)(a), “[i]f an inmate is subject to more than one sentence imposed under this section, the sentences shall be treated individually for purposes of sentence adjustment under this subsection.” In other words, if you have served the “applicable percentage” of one prison sentence but have not yet served the “applicable percentage” of another, you will generally be ineligible for early release under Section 973.195.

Grounds to File a Petition for Early Release

In addition to serving the “applicable percentage” of their sentence for an eligible felony, inmates must also be able to prove that they have grounds to file a petition for early release. Under subsection 973.195(1r)(b), the grounds for filing a petition are as follows:

  • “The inmate’s conduct, efforts at and progress in rehabilitation, or participation and progress in education, treatment, or other correctional programs since he or she was sentenced.”
  • “A change in law . . . related to sentencing or revocation of extended supervision effective after the inmate was sentenced that would have resulted in a shorter term of confinement in prison or, if the inmate was returned to prison upon revocation of extended supervision, a shorter period of confinement in prison upon revocation . . . .”
  • “The inmate is subject to a sentence of confinement in another state or the inmate is in the United States illegally and may be deported.”
  • Granting a sentence adjustment is, “otherwise in the interests of justice.”

If you believe that you may be eligible to seek a sentence adjustment under Section 973.195, an experienced Dane County criminal defense lawyer can assist with determining if you have the required grounds to file. If you do, your lawyer can then file a petition on your behalf in the appropriate court and fight to secure an early release to extended supervision on your behalf.

Importantly, subsection 973.195(1r)(i) makes clear that, “[a]n inmate may submit only one petition . . . for each sentence imposed . . . .” In other words, when it comes to seeking a sentence adjustment following a felony conviction in Dane County, you don’t get a second chance. This is one reason—among many—why it is essential to have an experienced lawyer on your side.

The Stenklyft Precedent in 2026

While Section 973.195 provides eligible inmates with the right to apply for a sentence adjustment, it also provides the DA with the authority to object. Specifically, under subsection 973.195(1r)(c):

“Upon receipt of a petition filed . . . the sentencing court may deny the petition or hold the petition for further consideration. If the court holds the petition for further consideration, the court shall notify the district attorney of the inmate’s petition. If the district attorney objects to adjustment of the inmate’s sentence within 45 days of receiving notification under this paragraph, the court shall deny the inmate’s petition.”

An inmate named David Stenkyft challenged the constitutionality of subsection 973.195(1r)(c) in 2005. However, in the case of State v. Stenklyft, the Wisconsin Supreme Court ruled that this provision of the law was constitutional—and the Court’s decision remains in force today.

Overcoming Prosecutorial Objections

While the Supreme Court ruled that subsection 973.195(1r)(c) is constitutional, inmates may still be able to challenge prosecutorial objects to their petitions in certain circumstances. For example, if the DA does not object within 45 days, the objection should be deemed invalid. If necessary, our lawyers can determine if you have grounds to challenge any prosecutorial objections to your petition.

Reentry Strategy for Dane County Inmates

Reentering society after serving a lengthy prison term presents a number of challenges. Yet, while on extended supervision, former inmates must be very careful to ensure that they do not do anything that could result in being sent back to prison. Our lawyers can assist you with developing a reentry strategy as well, and there are various resources that we can help you pursue if desired.

Schedule an Appointment with a Dane County Criminal Defense Lawyer at Mays Law Office

If you have questions about applying for a sentence adjustment under Section 973.195, we invite you to get in touch. To schedule an appointment with a Dane County criminal defense lawyer at Mays Law Office, call us at 608-305-4518 or contact us online today.

The post Second Chances in 2026: Navigating Sentence Adjustments Under Wisconsin Statute § 973.195 appeared first on Mays Law Office.

Mays Law

Lisa Pierobon Mays

Attorney Lisa Pierobon Mays, as the owner of Mays Law Office focuses her legal practice on representing Wisconsin workers who have been injured on the job. With more than twenty-five years of experience, she is dedicated to advocating for injured…

Lisa Pierobon Mays

Attorney Lisa Pierobon Mays, as the owner of Mays Law Office focuses her legal practice on representing Wisconsin workers who have been injured on the job. With more than twenty-five years of experience, she is dedicated to advocating for injured workers who have been unfairly denied their rightful workers’ compensation benefits by companies and their insurers. Lisa understands the profound impact of a work injury, including lost income, medical expenses, emotional distress, physical pain, and social isolation. She takes the time to listen to each client and develops a tailored legal strategy for their specific situation. Lisa is personally involved in every case from beginning to end, ensuring clear communication and recognizing the unique concerns, needs, and expectations of each individual she represents.

Stephen Mays

Attorney Mays, as the owner of Mays Law Office, LLC, practices in all areas of criminal and traffic defense throughout the entire State of Wisconsin. Prior to his becoming a defense attorney, Attorney Mays worked in the Dane County District Attorney’s office.

He has won OWI cases at the municipal, circuit, appellate and Supreme Court levels, and appears regularly before the Federal District Court of Wisconsin and the United States Court of Appeals for the 7th Circuit. He is also admitted to practice before the United States Supreme Court.

He is a past President and member of the Dane County Criminal Defense Lawyers’ Association, as well as a sustaining member of the National Association of Criminal Defense Lawyers, Wisconsin Association of Criminal Defense Lawyers, and the Bar Associations for the Western and Eastern Districts of Wisconsin. He has been a member of the James E. Doyle Inns of Court, as well as the National College for DUI Defense. He is one of the original members of the Drunk Driving Roundtable – an association of attorneys dedicated to the tenacious defense of citizens accused of drunk driving.

He was selected to be a member of the Department of Transportation’s Technical Committee, and has testified before various committees regarding proposed motor vehicle legislation, most recently convincing a sub-committee to not extend the territorial boundaries for OWI enforcement. He is a frequent lecturer on the defense of intoxicated driving, which includes an annual presentation by the Wisconsin Association of Criminal Defense Lawyers in the “Strategies in Handling OWI Cases in Wisconsin” series, a seminar touted as a “must attend” for Wisconsin lawyers defending OWI cases.

Several of Attorney Mays’ cases have attracted substantial media attention, including the successful defense of an individual charged with killing his twin infant daughters while allegedly driving drunk. His cross-examination techniques have gained him statewide recognition as one which has police officers persuading prosecutors to amend charges so as to not have to subject them to his cross-examination again.

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