State v. Gilbert
In State v. Gilbert, 115 Wis. 2d 371, 340 N.W.2d 511 (1983), the Court addressed the question whether 973.155 requires that a defendant be granted credit toward his sentence for the time he spent in the county jail as a condition of probation.
It held that "Section 973.155(1)(a), Stats., is not susceptible to more than one interpretation; there is no basis for interpreting the statute as excluding custody as a condition of probation from the statute's coverage." Id. at 377.
The court explained that there was no question that the condition of probation jail time related to the same course of conduct for which sentence was imposed within the meaning of Wis. Stat. 973.155(1)(a).
It further reasoned that the common meaning of the word "custody" included confinement in a county jail as a condition of probation.
The court concluded that "the clear intent of sec. 973.155, Stats., is to grant credit for each day in custody regardless of the basis for the confinement as long as it is connected to the offense for which sentence is imposed." Id. at 380.
Wisconsin Stat. 973.155 (1997-98) provides:
Sentence credit. (1)(a) A convicted offender shall be given credit toward the service of his or her sentence for all days spent in custody in connection with the course of conduct for which sentence was imposed. As used in this subsection, "actual days spent in custody" includes, without limitation by enumeration, confinement related to an offense for which the offender is ultimately sentenced, or for any other sentence arising out of the same course of conduct, which occurs:
While the offender is awaiting trial;
While the offender is being tried; and
While the offender is awaiting imposition of sentence after trial.
(b) The categories in par. (a) include custody of the convicted offender which is in whole or in part the result of a probation, extended supervision or parole hold under s. 304.06 (3) or 973.10 (2) placed upon the person for the same course of conduct as that resulting in the new conviction.
(2) After the imposition of sentence, the court shall make and enter a specific finding of the number of days for which sentence credit is to be granted, which finding shall be included in the judgment of conviction. In the case of revocation of probation, extended supervision or parole, the department, if the hearing is waived, or the division of hearings and appeals in the department of administration, in the case of a hearing, shall make such a finding, which shall be included in the revocation order.
(3) The credit provided in sub. (1) shall be computed as if the convicted offender had served such time in the institution to which he or she has been sentenced.