On Point: 10. Extended supervision

State of Wisconsin ex rel. Christopher P. Kawleski v. State, 2022AP1129, 7/3/25, District IV, (recommended for publication); case activity

COA recommends publication in a case addressing how to calculate the maximum discharge date for a defendant sentenced to a bifurcated sentence on a felony between 1999 and 2003 upon release from reconfinement after extended supervision was revoked.

State v. Joseph L. Slater, 2021 WI App 88; case activity (including briefs)

Slater had a prison sentence imposed and then stayed in favor of probation. While on probation, he was arrested on three new charges. The department of corrections revoked his probation pretty quickly, but he didn’t get sent to prison: instead, he remained in the county jail for over three years while those new charges were pending. After a jury convicted him on on the new charges, he got three new concurrent prison sentences. The court of appeals now holds that Slater should be credited on those new sentences for the years he spent in jail awaiting trial.

State v. Richard H. Harrison Jr., , 2017AP2440-2441-CR, 3/21/19, District 4, (not recommended for publication); Review Granted 8/14/19, reversed, 2020 WI 35; case activity (including briefs)

This post requires some concentration. Harrison was sentenced to 3 years IC (Initial Confinement) and 3 years ES (Extended Supervision) in a 2007 case and a 2008 case. In an unrelated 2010 case he was sentenced to 13 years IC and 7 years ES. And in a 2011 case he received 30 years IC and 10 years ES. The 2010 and 2011 sentences ran consecutive to all other sentences.  Harrison served the IC parts of his 2007 and 2008 cases and started serving his IC in the 2010 case when–lucky him–both his 2010 and his 2011 convictions were vacated. By this point all he had to serve was the ES of his 2007 and 2008 cases.

State v. Andrew Obriecht, 2015 WI 66, 7/7/15, reversing a published court of appeals decision; case activity (including briefs)

When sentence credit is granted after a convicted defendant’s parole is revoked, the additional credit must be applied to the parolee’s reincarceration time, and not—as the Department of Corrections and the court of appeals thought—to any period of parole remaining after the reincarceration time is served.

State v. Terrill J. Hintz, 2007 WI App 113, (AG’s) PFR granted 9/11/07
For Hintz: Steven D. Phillips, SPD, Madison Appellate

Issue/Holding: Where an extended supervision hold is based at least in part on arrest on a new offense, § 973.115(1)(a) awards credit for time spent in custody under the hold against the sentence ultimately imposed for conviction of that offense.

Note that it does not matter that a signature bond was issued for the new offense:

¶11      Finally,

State v. Lee Terrence Presley, 2006 WI App 82
For Presley: Richard D. Martin, SPD, Milwaukee Appellate

Issue/Holding:   Sentence credit is required for for days spent in jail between dates of revocation of extended supervision in an earlier case and sentencing on both the revoked supervision and a new case.

¶10      Presley submits that Beets requires sentence credit until the day he was sentenced for the extended supervision revocation—the same day he was sentenced on the new charge—because like the offender in Beets,