STATE OF WISCONSIN CIRCUIT COURT ORDER RESPONSE TO PETITIONER MOTION TO RECONSIDER WRIT OF HABEAS CORPUS

The Wisconsin Department of Justice is REQUESTED a response on Lee's claim that Section 9311 of the 2009 Wisconsin Act 28 includes retroactive language that applies to Wis. Stat. 973.01 (4m) DISCHARGE.

The plain language of the law states:  Section 9311 Initial applicability; 973.01 (4m) of the statutes first apply to a person sentenced on December 31, 1999.  Singh ¶104, "By enacting 2009 Wis. Act 28, the legislature not only prospectively changed the law of sentencing beginning on October 1, 2009, but also changed all sentences imposed during the retroactivity window for eligible inmates who committed crimes".  Singh ¶93 . . . the "retroactivity window" refers to the time period beginning on December 31, 1999, and ending September 30, 2009 - the day before October 1, 2009.  Section 9311 of 2009 Wis. Act 29 made early discharge available to inmates sentenced for crimes during the retroactivity window.

Therefore, the repeal of Wis. Stat. 973.01 (4m) August 3, 2011 Wis. Act 38 eliminates Lee's eligibility for early discharge ensured that he would serve his full sentence of imprisonment, resulting in a significant risk that he would serve more imprisonment time than if it had not been repealed. 

The ex post facto clauses prohibit this.