State v. Stanley

2014 WI App 89, 853 N.W.2d 600, 356 Wis. 2d 268, 2014 WL 3630012, 2014 Wisc. App. LEXIS 596
CourtCourt of Appeals of Wisconsin
DecidedJuly 24, 2014
DocketNo. 2013AP2477
StatusPublished
Cited by1 cases

This text of 2014 WI App 89 (State v. Stanley) is published on Counsel Stack Legal Research, covering Court of Appeals of Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Stanley, 2014 WI App 89, 853 N.W.2d 600, 356 Wis. 2d 268, 2014 WL 3630012, 2014 Wisc. App. LEXIS 596 (Wis. Ct. App. 2014).

Opinion

KLOPPENBURG, J.

¶ 1. The State of Wisconsin appeals an order dismissing the State's petition to commit Hershel Stanley as a sexually violent person under Wis. Stat. ch. 980 (2011-12).1 The circuit court dismissed the ch. 980 petition as untimely filed based on its determination that: (1) the Department of Corrections (DOC) was required to release Stanley from confinement on parole on Stanley's presumptive mandatory release date of May 7, 2008; (2) the State was required to file the ch. 980 petition before the May 7, 2008 release date; and (3) the State filed the ch. 980 petition after this release date.

¶ 2. The State argues that the circuit court erred in dismissing the Wis. Stat. ch. 980 petition because the petition was timely filed under Wis. Stat. § 980.02(lm). Based on our interpretation of § 980.02(lm), as set forth below, we conclude that the ch. 980 petition was timely filed. We therefore reverse and remand.

[272]*272BACKGROUND

Explanation of Stanley's Sentence Structure and Wisconsin's Parole System

¶ 3. Stanley was sentenced for the conviction underlying the Wis. Stat. ch. 980 petition at issue in this appeal in 1998 under Wisconsin's system of indeterminate sentencing, and he was therefore eligible for parole. See State v. Borrell, 167 Wis. 2d 749, 764, 482 N.W.2d 883 (1992) ("Under Wisconsin's system of indeterminate sentencing, the convicted defendant is generally eligible for parole release .. . ."). Accordingly, we provide a brief description of Wisconsin's parole system and its applicability to Stanley.

¶ 4. Under Wisconsin's parole system, an inmate is generally eligible for release on parole "after serving the greater of six months or one-quarter of the sentence." State v. Crochiere, 2004 WI 78, ¶ 6, 273 Wis. 2d 57, 681 N.W.2d 524, (citing Wis. Stat. § 304.06(1)(b) (1999-2000)), abrogated on other grounds by State v. Harbor, 2011 WI 28, 333 Wis. 2d 53, 797 N.W.2d 828. The Parole Commission decides whether an inmate who is eligible for parole will be released on parole. Crochiere, 273 Wis. 2d 57, ¶ 6 (citing Wis. Stat. § 304.01 (1999-2000)). Generally, absent "extenuating circumstances," an inmate is entitled to release on parole on his or her mandatory release date, when the inmate has served two-thirds of the sentence. Crochiere, 273 Wis. 2d 57, ¶ 6 (citing Wis. Stat. § 302.11(1) (1999-2000)).

¶ 5. However, a different rule applies for an inmate like Stanley who is serving a sentence for "a serious felony committed on or after April 21,1994, but [273]*273before December 31,1999."2 Wis. Stat. § 302.11(1g). For such an inmate, the mandatory release date at two-thirds of the sentence is a "presumptive mandatory release date." Wis. Stat. § 302.11(lg). An inmate with a presumptive mandatory release (PMR) date is not entitled to release on his or her PMR date; instead, whether to release an inmate on his or her PMR date is within the discretion of the Parole Commission. See State ex rel. Gendrich v. Litscher, 2001 WI App 163, ¶¶ 1, 10, 246 Wis. 2d 814, 632 N.W.2d 878; Wis. Stat. § 302.11(lg)(b). The Parole Commission is authorized to deny release on parole "for protection of the public or due to refusal by the inmate to participate in counseling or treatment deemed necessary." Wis. Admin. Code § PAC 1.09(8).

¶ 6. With exceptions not relevant here, regardless whether an inmate is granted or denied parole, the inmate's maximum discharge date is the date on which "the sentence pronounced by the [circuit] court terminates." State ex rel. Hauser v. Carballo, 82 Wis. 2d 51, 56, 261 N.W.2d 133 (1978); see also State v. Thomas, 2000 WI App 162, ¶ 6 n.2, 238 Wis. 2d 216, 617 N.W.2d 230 (describing the "maximum discharge date" as "the date on which the sentence would ... [be] completed").

Facts of This Case

¶ 7. On March 31, 1998, Stanley was convicted of two counts of second degree sexual assault of a child, in [274]*274violation of Wis. Stat. § 948.02(2) (1997-98). On the first count, the circuit court imposed an indeterminate sentence of six years' imprisonment. On the second count, the court placed Stanley on probation for a period of eight years, and imposed and stayed an indeterminate sentence of five years' imprisonment.

¶ 8. Stanley completed his sentence on the first count in March 2004. Stanley then began serving the eight-year term of probation on the second count. On July 21, 2005, Stanley's probation was revoked, and Stanley began serving the previously imposed-and-stayed five-year sentence. DOC calculated Stanley's PMR date as January 7, 2008, and Stanley's maximum discharge date as September 7, 2009.

¶ 9. On August 18, 2005, in a new criminal case, Stanley was convicted of two counts of prostitution, in violation of Wis. Stat. § 944.30(2) (2005-06). On each of the counts in this new case, Stanley was sentenced to a three-month term of imprisonment. The three-month terms of imprisonment were consecutive to one another and to the five-year sentence. DOC subsequently recalculated Stanley's PMR date as September 7, 2008, and Stanley's maximum discharge date as March 7, 2010.

¶ 10. On June 16, 2008, DOC staff realized that DOC had incorrectly calculated Stanley's PMR date, and determined that Stanley's correct PMR date had been May 7, 2008. On June 24, 2008, the Parole Commission conducted a PMR review of Stanley's case. The Parole Commission at that time denied Stanley release on parole, finding that it would create an unreasonable risk to the public. Stanley remained incarcerated, and on January 6, 2010, the State filed to have Stanley committed as a sexually violent person under Wis. Stat. ch. 980.

[275]*275¶ 11. Stanley moved to dismiss the Wis. Stat. ch. 980 petition as not timely filed based on his assertion that DOC failed to release him on his PMR date of May 7, 2008, and that the State should have filed the ch. 980 petition before that date. The circuit court granted Stanley's motion to dismiss. The State appeals.3

DISCUSSION

¶ 12. The State argues that the Wis. Stat. ch. 980 petition was timely filed under Wis. Stat. § 980.02(lm) because Stanley was confined when the petition was filed.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Christopher P. Kawleski v. State
Court of Appeals of Wisconsin, 2025

Cite This Page — Counsel Stack

Bluebook (online)
2014 WI App 89, 853 N.W.2d 600, 356 Wis. 2d 268, 2014 WL 3630012, 2014 Wisc. App. LEXIS 596, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-stanley-wisctapp-2014.