State—Department of Corrections v. Schwarz

SCHUDSON, J.

¶ 18. (dissenting). While the issue in this appeal is one on which reasonable minds may differ, I believe the circuit court's conclusion is correct.

¶ 19. What is the meaning of "term of supervision" under Wis. Stat. § 304.072(3)? I'm not sure. But I am convinced that the majority's explanation of its "unambiguous" rationale is tautological. Here, where even State officials are at odds over the interpretation of these seemingly simple words, one thing seems quite clear: "term of supervision" is ambiguous.

¶ 20. Moving, then, to the proper methodology for analysis of an ambiguous statute, I find the Department of Corrections' arguments persuasive. The Department thoroughly examines the interplay of several statutes, the apparent legislative intent, and the supportive case law. The Department's argument that "the term 'expiration of sentence' is not used in Wis. Stat. § 304.072(3), because that statute also relates to probation supervision, which is not a sentence," all but defeats the majority's rationale. Perhaps most significantly, Wis. Stat. § 302.11(6)1 and (7)(d)2 strongly support the Department's view.

*239¶ 21. Therefore, harmonizing the statutes, and being mindful of the purposes of parole supervision, I am satisfied that "term of supervision" under Wis. Stat. § 304.072(3) is not limited as the majority concludes. Instead, like the circuit court, I conclude that "term of supervision" covers an individual's entire sentence, regardless of revocation stops along the way. Accordingly, I respectfully dissent.

Wisconsin Stat. § 302.11(6) (1999-2000), provides in pertinent part:

Any inmate released on parole under sub. (1) or (lg) (b) or s. 304.02 or 304.06 (1) is subject to all conditions and rules of parole until the expiration of the sentence or until he or she is discharged by the department.

(Emphasis added.)

Wisconsin Stat. § 302.11(7)(d) (1999-2000), provides:

*239A parolee who is subsequently released either after service of the period of time determined by the department of corrections in the case of a waiver or the division of hearings and appeals in the department of administration in the case of a hearing under par. (a) or by a grant of parole under par. (c) is subject to all conditions and rules of parole until expiration of sentence or discharge by the department.

(Emphasis added.)