(dissenting).
¶ 40. I conclude that under Wis. Stat.§ 973.155, the sentence credit statute, Thorson should be granted 170 days for credit toward his term of reincarceration for time spent in WRC awaiting evaluation and trial under ch. 980.
¶ 41. Thorson was involuntarily institutionalized in WRC by the State for the 170 days. WRC is listed as a state prison;1 the Department of Health and Family Services is required to administer WRC as a correctional institution and the employees at WRC are employees of the Department of Corrections.2 If Thorson was not in custody during this 170 days, who ever is in custody? If Thorson left WRC without permission, the state would not look kindly on his move. The statute should be interpreted as written.
¶ 42. Although Thorson was held for possible ch. 980 proceedings, the State failed to prove Thorson a ch. 980 committee. Thorson's period in custody at WRC was in connection with the course of conduct for which his criminal sentence was imposed. Chapter 980 proceedings rely heavily on the criminal justice system. Chapter 980 proceedings are triggered by a criminal conviction for a sexually violent offense. The sexually *16violent offense was both the course of conduct that resulted in his prison sentence and the course of conduct that was the basis for the ch. 980 petition.
¶ 43. The State sought the opportunity to prove Thorson was sexually violent pursuant to ch. 980 and precluded the parole board from addressing his case for 170 days. I agree with Justice Roggensack's dissent that "[flundamental fairness should cause the State to be required to grant sentence credit for 170 days that the State caused Thorson to be held at WRC."3
¶ 44. For the reasons set forth, I dissent.
See Wis. Stat.§ 302.01(l)(a).
See Wis. Stat.§ 46.056(1)(2).
Justice Roggensack's dissent, ¶ 65.