State-Department of Corrections v. Schwarz

Summary

The Wisconsin Supreme Court held that the phrase "term of supervision" in Wis. Stat. § 304.072(3) is ambiguous. Interpreting the statute in light of legislative history, related parole statutes, and relevant case law, the court concluded that the Department of Corrections retains jurisdiction to revoke parole for violations committed during an earlier parole period, provided the violation occurred before final discharge from the underlying sentence. The court reversed the court of appeals and remanded for further proceedings.

Holdings

1. The phrase 'term of supervision' is ambiguous, but considering legislative history and related statutes, it was intended to encompass all parole violations occurring before the offender's date of discharge from the entire sentence. Therefore, the DOC had jurisdiction to revoke Dowell's parole for a violation committed during his first parole period.

Questions Presented

1. Whether Wis. Stat. § 304.072(3) provides the DOC jurisdiction to revoke parole for any violation occurring between the offender's initial release on parole and the date of discharge on the underlying sentence, or whether its jurisdiction is limited to violations occurring during the offender's current period of parole.

Disposition

reversed_and_remanded