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STATE v. COLLETT

No. 96-1952-CR.

207 Wis.2d 319 (1996)

558 N.W.2d 642

STATE of Wisconsin, Plaintiff-Respondent, v. Scott I. COLLETT, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 3, 1996.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the brief of Scott I. Collet.

For the plaintiff-respondent the cause was submitted on the brief of James E. Doyle, attorney general, and Pamela Magee, assistant attorney general.

Before Cane, P.J., LaRocque and Myse, JJ.

MYSE, J.

Scott Collett appeals an order denying him sentence credit for time spent in the Department of Intensive Sanctions (DIS). Collett contends that the time he spent in the DIS program constitutes "custody" under § 973.155(1)(a), STATS., and therefore should be credited to his sentence. Because we conclude that whether an individual is in "custody" in the DIS program, and therefore entitled to sentencing credit, depends on evaluating the restrictions on...

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