Opinion No. Oag 39-87, (1987)

JOHN P. RUNDE, District Attorney Portage County

You have asked me the following question: "Does a court have the authority to stay the imposition [execution] of a sentence to the county jail for a period longer than 60 days?" The answer is no except for legal cause.

You state that the Portage County Jail is overcrowded and that, as a result, the jailor for the Portage County Sheriff's Department is delaying the execution of sentences for traffic offenses for as long as a year.

Section 973.15(8), Stats., provides:

The sentencing court may stay execution of a sentence of imprisonment only:(a) For…