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State v. Brown

September 21, 2007

STATE OF KANSAS, APPELLEE,
v.
DAREN W. BROWN, APPELLANT.



Appeal from Sedgwick District Court; ANTHONY J. POWELL, judge.

SYLLABUS BY THE COURT

1. K.S.A. 21-4614a calls for a day-for-day credit towards a defendant's sentence in cases where probation is revoked and the defendant is then sentenced to confinement. The date from which the defendant's sentence is to be computed shall be established to reflect and shall be computed as an allowance for the time which the defendant has spent in a residential facility while on probation, assignment to a conservation camp, or assignment to community correctional residential services program.

2. The right to jail time credit is statutory. Jail time credit must be determined by the sentencing court and included in the journal entry at the time the trial court sentences the defendant to confinement.

3. When a court is deciding whether jail credit should be given for time spent in a halfway house, the court must first decide whether the halfway house qualified as a residential facility.

4. Under the facts of this case, where, as a condition of probation, the defendant was required for 1 year to live at a halfway house where his liberty was restricted and he was required to participate in various rehabilitative programs, we hold that K.S.A. 21-4614a calls for the sentencing court to give the defendant credit for the time spent at the halfway house.

The opinion of the court was delivered by: Hill, J.

Reversed and remanded with directions.

Before RULON, C.J., ELLIOTT and HILL, JJ.

Under Kansas law, the length of time spent in a residential facility must be credited toward a defendant's sentence if placement in that facility was imposed as a condition of probation. When Darren Brown was placed on probation, he was ordered to reside at Atishwin Half-Way house for 1 year. Brown absconded before the year was completed. When his probation was later revoked, the court refused to grant him any allowance for his time living at the halfway house. We hold that Brown must receive credit for the time he lived at the halfway house while on probation because it was a residential facility. Brown lived at the facility, he paid weekly rent, maintained his room to standards specified by the management, could not come and go without permission, attended cognitive behavior therapy there, attended at least one AA meeting per day there, and was required to perform community service weekly while at the facility. For these reasons, we reverse the ruling of the district court and remand the case for the court to compute his sentence after granting an allowance for the number of days he spent at the halfway house while on probation.

The statute in question requires credit.

K.S.A. 21-4614a calls for a day-for-day credit towards a defendant's sentence in cases where probation is revoked and the defendant is then sentenced to confinement. The date from which the defendant's sentence is to be computed "shall be established to reflect and shall be computed as an allowance for the time which the defendant has spent in a residential facility while on probation, assignment to a conservation camp or assignment to community correctional residential services program." (Emphasis added.) K.S.A. 21-4614a.

This credit has been interpreted by case law. "The right to jail time credit is statutory. [Citation omitted.] 'Jail time credit' must be determined by the sentencing court and included in the journal entry at the time the trial court sentences the defendant to confinement. [Citations omitted.]" State v. Theis, 262 Kan. 4, 7, 936 P.2d 710 (1997).

Obviously, this case requires an interpretation of a statute and our standard of review is unlimited. See State v. Bryan, 281 Kan. 157, 159, 130 P.3d 85 (2006). We first examine the nature of the facility in question. Next, we note some pertinent cases dealing with the topic. Finally, ...


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