On Point blog, page 1 of 1
“Good time” on probation condition time doesn’t get credited to prison sentence served after revocation
State ex rel. Christopher W. Baade v. Brian Hayes, 2015 WI App 71; case activity (including briefs)
Section 973.155(4) says that sentence credit granted to inmates serving sentences of one year or less in a county jail or a house of correction “shall include earned good time….” That language doesn’t apply to inmates who are placed on probation and given conditional jail time with good time because probation condition time isn’t a sentence.
Sentence Credit – Credit for Conditional Jail Time (Condition of Probation) Served While “Overlapping” with Concurrent Unrelated Prison Sentence
State v. Martin V. Yanick, Jr., 2007 WI App 30
Pro se
Issue/Holding:
¶1 … We conclude that, when a defendant has served conditional jail time and his or her probation is later revoked and the defendant commences serving an imposed and stayed sentence, the defendant is entitled to sentence credit for days spent in custody while in conditional jail time status, even if that custody is concurrent with service of an unrelated prison sentence.
Sentence Credit — Stay of Sentence (During Period of Hospitalization), Effect of
State v. Rick L. Edwards, 2003 WI App 221, PFR filed 10/24/03
For Edwards: Margaret A. Maroney, SPD, Madison Appellate
Issue/Holding: A probationer whose jail confinement has been stayed during a period of hospitalization is not in custody for § 946.42 purposes and can’t be charged with escape for leaving the hospital and failing to return to jail; nor, as a result, is there any entitlement to sentence credit while the jail confinement is stayed.