The Honorable Michael J. Dwyer Branch 16, State of Wisconsin Circuit Court Milwaukee County case 16-CV-8841 Lee v. Litscher, Sec. Wis. Dept. of Correction issues a "NOTICE and ORDER for BRIEFING", November 22, 2016, rather than a hearing before the court to safeguard individual freedom against arbitrary and lawless State action. This briefing order can take years to complete.
The question is whether or not Lee should be released from custody under 973.01(4m)(a) Act 28. A law that states: "The department may discharge a person from extended supervision after he has served 2 years of extended supervision if the person met the conditions of extended supervision and the reduction is in the interest of justice".
Act 28 early release laws became law in 2009. Retroactive for all crimes committed beginning December 31, 1999. It was repealed in 2011 by Act 38. In 2014 the Wisconsin Court of Appeals determined the retroactive repeal of positive adjustment time (early release from prison) by Act 38 violated the ex post facto clause of the state and federal constitutions. In 2016 the Wisconsin Supreme Court affirmed. . ., holding (1) the retroactive repeal of positive adjustment time is an ex post facto violation, and (2) 2011 Wis. Act 38 violates the constitutional prohibition against ex post facto laws because it results in a longer period of incarceration and, consequently, makes the punishment for an offense more burdensome after it was committed. This is the law under Wisconsin Legal System.
It appears that the Wisconsin Legal System's intentions are to have every prisoner complete his original sentence no matter what the law commands.
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