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Sentence credit – DIS confinement

State v. Timothy L. Olson, 226 Wis.2d 457, 595 N.W.2d 460 (Ct. App. 1999)
For Olson: Steven P. Weiss, SPD, Madison Appellate

Holding:

Timothy L. Olson appeals from an order denying a postconviction motion for relief.  Olson seeks a 256-day sentence credit for the time he served in the Division of Intensive Sanctions (DIS) program before his probation was revoked and he was given a five-year prison sentence.  He argues that the trial court could not review a sentence credit determination made by the Department of Corrections (DOC); and if such review was permitted, the trial court erred by denying him credit for his DIS time. We reject these arguments and affirm.

The record reveals that while in the DIS program, Olson was required to wear an electronic monitoring bracelet and had to seek approval in order to leave his residence, but he was not locked in the home at night.  Based on this information, the court concluded that Olson’s DIS restrictions were not equivalent to “being locked in at night” as Collett requires.  See id.  We agree.  Accordingly, Olson’s participation in the DIS program does not qualify as “custody” for the purposes of a sentence credit under § 973.155(1)(a), STATS.

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