Discharge Certificate Complaint

A decision by Milwaukee Parole Agent Supervisor regarding the discharge certificate in case 05CF63 effective July 27, 2012, determined 9/4/2012 and received 10/1/2012 by the client was issued May 7, 2013.

In that decision, the supervisor applied Wis. Stats. 973.01 (2) and 302.113.  Wis. Stat. 973.01 (2) defines a bifurcated sentence (determinate) under Wisconsin Truth In Sentencing Laws.  302.113 is the extended supervision portion of that sentence.  The supervisor also included a "What if" under 302.113 (a) (am), "the extended supervision person (parolee) is revoked".  At this point re-incarceration is not the issue.

What issues we agree on:

1.  Case number 05CF63 was sentenced under New Law and Truth In Sentencing .
2.  We agree that all counts were ordered by the court to run concurrent.
3. We agree that the Discharge Certificate is from the Wisconsin Department of Corrections.

What issues we do not agree on:

1.  Whether Wis. Stat. 304.078 is Restoration of Civil Rights of Convicted Persons?
2.  Whether there are two sentence structures in one case rather than two criminal cases?
3.  Whether 304.078 (2) is satisfaction of the judgment?
4.  Whether 973.01 (2) is total length of bifurcated sentence as specified in s. 939.50 (3)?
5.  Whether 973.01 (4m) (a) is discharge from parole?
6. Whether 973.01 (7) is discharge under sub (4m) or 304.06?
7.  Whether 973.15 (2m) (c) is what determines how New Law (indeterminate sentence) and Truth In Sentence (determinate sentence) imposed to run current are decided.

Therefore, an appeal has been filed with the Region 3 Chief of Parole and Extended Supervision, dated May 8, 2013.