The state of Wisconsin created a form to be used to activate the Release of prisoners, Wis. Stat. 302.113 (7m); Petition to Modify Court-Imposed Conditions of Extended Supervision. The form provides three (3) options; Release from confinement portion of your sentence to an earlier extended supervision (parole) or Release from extended supervision to discharge and restoring of all civil rights or Department of Corrections can discharge after serving 2 years of extended supervision. I filed the form August 2, 2016 at the Clerk of Court Office. The form is to be distributed to: Court-original, sentenced person, sentenced person's attorney, Department of Corrections, and District attorney.
August 5, 2016, June Simeth, Staff Attorney Criminal Division, stated that my petition to modify court-imposed extended supervision; "You have not filled in that portion of the form which specifies particular relief you are seeking". "You may set forth . . .on a separate piece of paper and submit . . ."
August 13, 2016, I submitted Wis. Stat. 973.01 (4m) (a). August 16, 2016, M. A. Grossman, Staff Attorney responded; "Please be advised Section 973.01 (4m), Stats., was repealed on August 3, 2011 under 2011 Wis. Act 38." "The court has no statutory authority to order an early discharge . . ." August 24, 2016. I replied; "It appears that the repeal of 973.01 (4m) delays my release from imprisonment by almost 2 years, thereby violating the ex post facto clauses of Wisconsin and United States Constitutions."
October 7, 2016, the court issued Decision and Order; "The defendant is proceeding in the wrong forum because the court had no authority under the former statute 973.01(4m) to discharge a person from extended supervision. That authority was vested upon the Department and therefore, the defendant is obliged to address his petition to that agency. The court has no jurisdiction to consider the defendant's petition for early discharge or to entertain his ex post facto challenge to the repeal of Section 973.01 (4m), Stats."
