This Note explores how the Wisconsin Supreme Court's recent
decision in State ex re1. Thomas v. Schwarz will impact the future of the
state's sentencing policy after Truth-in-Sentencing II. The Thomas decision
demonstrates the court's continued willingness to shape the state's
sentencing policies after Truth-in-Sentencing I (TIS I) and Truth-inSentencing II (TIS II)-both to repair ambiguous or unconstitutional
statutory provisions and to advance the judicial branch's interests in
efficiency and continued authority over criminal penalties. Thomas fits
squarely into the growing TIS jurisprudence, following recent decisions in
State v. Tucker, State v. Trujillo, and State v. StenklyfL.
Thomas has returned one offender to prison, exposed other
offenders to more prison time, and ensured that the DOC will continue to
treat consecutive parole and extended-supervision sentences as one
continuous Ashford sentence. On another level, Thomas may shift the
balance of power among the three branches of government in determining
which branch shapes future sentencing policy. This will depend largely on
the legislature's response, if any, to the court's decision. If the legislature
does not act to amend TIS II, the court's role in TIS II litigation will
continue as it has in Thomas, Tucker, Trujillo, and Stenldyft. If the
legislature does act to amend TIS II, the court will likely continue to have to
interpret and clarify any subsequent sentencing legislation passed by the
legislature. Either way, after Thomas, the Wisconsin Supreme Court will
continue to play a major role in determining the future of the state's
sentencing policies after TIS II.
