Discharge Certificate

The Discharge Certificate states:  "You were sentenced to Wisconsin State Prisons on November 9, 2005 by the Circuit Court of Milwaukee County, Court Case # 05CF63, after being found guilty of violating the Wisconsin Statutes Section (s):
943.20 (1) (B), 943.38 (2).

The department having determined that you have satisfied said judgment, it is ordered that effective July 27, 2012, you are discharged from said judgment only.

Persons committing crimes after April 9, 1990 may have a civil judgment issued for any unpaid restitution.

This legal document was signed by Gary H. Hamblin, Secretary, Department of Corrections, Wis. Statutes, Chapter 304 & 973, 09/04/2012.  I received the certificate of freedom on October 1, 2012.

What do I do with this?  Frame it?  Or take action?  Take Action!!

On October 4, 2012, at the regular meeting with the Texas Parole Agent, I provide him a copy of the Discharge Certificate.  He contacts the Wisconsin Parole Agent.  She states that there is a second case and the prisoner is aware that he is serving a second case "extended supervision" (parole).  The record shows one case, 15 counts, two sentence structures; New Law and Truth-in-Sentencing (TIS).

The first thing you needed to do is examine Wis. Statutes, Chapter 304 & 973 that governs a Discharge Certificate when there is confusion.  We also have to take a look at Chapter 302 that governs indeterminate sentences (New Law) and Chapter 973 that governs determinate sentences (TIS).  Court Case #05CF63 consist of indeterminate sentences and determinate sentences.  The Judgment of Conviction states:  "IT IS ADJUDGED that the defendant is guilty as convicted and sentenced as follows:  Count 2 (determinate sentence) 13 YR Concurrent to Count 1 (indeterminate sentence).  As to counts 4, 5, 6, 7, 8, 9, 10, 11, and 12.  Each count concurrent to each other and counts 1, 2, and 3.

This is what I found:

Wis. Stat. 302.11 (1); A person is subject to 302.11 if he is serving a bifurcated sentence under Wis. Stat. 973.01.

Wis. Stat. 302.11 (1);  Mandatory Release:  The warden or superintendent shall keep a record of the conduct of each inmate, specifying each infraction of the rules.  Mandatory release date is established at two-thirds of the sentence.

Wis. Stat. 304.01 mandates the parole commission to conduct interviews to consider parole eligibility of inmates created a generally protected liberty interest in parole.  The statutory parole eligibility date entitlement is when an inmate has served 25%, a quarter of the sentence imposed for the offense, or 6 months whichever is greater.

Wis. Stat. 304.06; New Law Inmates (indeterminate sentences) are eligible for discretionary parole.

Person's liberty interest is protected by Due Process and Equal Protection Clause of Fifth and Fourteenth Amendments to the United States Constitution.

Wis. Stat. 304.078; Restoration of Civil Rights of Convicted Persons.
Wis. Stat. 304.078 (1) (a); "Imprisonment" includes parole and extended supervision.
Wis. Stat. 304.078 (2); Except as provided in sub (3), every person who is convicted of a crime obtains a restoration of his civil rights by serving out his term of imprisonment or otherwise satisfying his sentence.  The certificate of the department...that a convicted person has served his sentence or otherwise satisfied the judgment against him is evidence of that fact and that person is restored to his civil rights. The department shall list in the person's certificate rights which have been restored and which have not been restored.  persons who served out their terms of imprisonment or otherwise satisfied their sentence prior to August 14, 1947, are likewise restored to their civil rights from and after September 25, 1959.

Wis. Stat. 973.01 (2) (a); Total length of bifurcated sentence.  Except as provided in par. (c), the total length of the bifurcated sentence may not exceed the maximum period of imprisonment specified in 939.50 (3).

Felony G - Imprisonment not to exceed 10 years.  5 yrs confinement and 5 yrs extended supervision.
Felony H - Imprisonment not to exceed 6 years.  3 yrs confinement and 3 yrs extended supervision.
Felony I - Imprisonment not to exceed 3 years 6 mos.

Wis. Stat. 973.01 (4m) (a); The department may discharge a person from extended supervision after he has served 2 years of extended supervision if the person has met the conditions of extended supervision and the reduction is in the interest of justice.

Wis. Stat. 973.01 (7) Discharge.  The department of corrections shall discharge a person who is serving a bifurcated sentence from custody, control and supervision when the person has served the entire bifurcated sentence, as modified under sub. (4m) or s. 302.113 (2) (b) or (h), 302.1135 or 304.06 (1), if applicable.