State v. Killebrew

The state appeals from an order dismissing a criminal complaint which charged the defendant with escape from the Wisconsin Correctional Camp System at Oregon contrary to sec. 946.42 (3) (a), Stats. The issue is whether conduct which violates both a state statute and a prison regulation may, consistent with the double jeopardy clauses of the United States and Wisconsin Constitutions, be the subject of both criminal prosecution and administrative disciplinary proceedings. We hold that they may and reverse.

The defendant was placed on three years’ probation after his conviction of forgery and of…