Source or Prior Law:

62-1533.

Law Review and Bar Journal References:

Survey of Recent Cases, 46 K.L.R. 923 (1998).

"Criminal Procedure Survey of Cases," 48 K.L.R. 895 (2000).

"Giving Credit when Credit is due, The Kansas law on jail time credit," Franklin R. Pierce, 69 J.K.B.A. No. 9, 22 (2000).

"2001 Legislative Wrap Up," Paul T. Davis, 70 J.K.B.A. No. 7, 14 (2001).

"Criminal Procedure Survey of Recent Cases," 50 K.L.R. 901 (2002).

"Criminal Procedure Survey of Recent Cases, Kansas Issue," 52 K.L.R. 771 (2004).

Attorney General's Opinions:

Criminal procedure; discussion of computation of jail credit earned and "sentence-begins" date. 2008-21.

CASE ANNOTATIONS

1. Allowance to include credit for time spent in mental hospital. State v. Mackley, 220 Kan. 518, 519, 552 P.2d 628.

2. Defendant's time spent in jail awaiting disposition of revocation of probation proceedings subtracted from sentence. State v. Thorn, 1 Kan. App. 2d 460, 461, 462, 570 P.2d 1100.

3. Credit mandatory under this section; given only for time spent for offense charged. Brodie v. State, 1 Kan. App. 2d 540, 542, 571 P.2d 53.

4. Time spent under supervised probation not required to be credited as time served when probation revoked. State v. Snook, 1 Kan. App. 2d 607, 608, 571 P.2d 78.

5. Defendant not entitled to credit for time spent in jail on another wholly unrelated charge. Campbell v. State, 223 Kan. 528, 529, 530, 575 P.2d 524.

6. When probation is revoked, jail time credit may not be given by court for time in halfway house. State v. Babcock, 226 Kan. 356, 357, 360, 361, 362, 597 P.2d 1117.

7. Although present charge pending during time in custody for another charge, no credit allowed. State v. Calderon, 233 Kan. 87, 88, 97, 99, 661 P.2d 781 (1983).

8. Where consecutive sentences (K.S.A. 21-4608(6)(d)) involved, jail credit time on each charge aggregated and total days considered for beginning sentence. State v. Jenkins, 10 Kan. App. 2d 8, 10, 690 P.2d 396 (1984).

9. No authority for jail time credit while in community corrections facility on probation or suspended sentence. State v. Fowler, 238 Kan. 326, 338, 339, 710 P.2d 1268 (1985).

10. Cited; indigent defendant's right to transcript of sentencing hearing following denial of sentence modification examined. State v. Duckett, 13 Kan. App. 2d 122, 764 P.2d 134 (1988).

11. Trial court's authority to impose jail time as condition of probation (K.S.A. 21-4610) examined. State v. Walbridge, 14 Kan. App. 2d 483, 485, 794 P.2d 316 (1990); reversed 248 Kan. 65, 805 P.2d 15 (1991).

12. Jail time credits contemplated herein inapplicable to mandatory minimum times required for DUI offenders (K.S.A. 8-1567). State v. Urbanek, 15 Kan. App. 2d 73, 77, 803 P.2d 1030 (1991).

13. No credit allowed toward controlling sentence (K.S.A. 21-4614a) for time spent under house arrest (K.S.A. 21-4603b); inpatient drug treatment issue remanded. State v. Williams, 18 Kan. App. 2d 424, 427, 856 P.2d 158 (1993).

14. Credit for jail time allowed when defendant's time in jail in lieu of bond exceeds minimum jail time. State v. Masterson, 261 Kan. 158, 165, 929 P.2d 127 (1996).

15. Right of individual to receive credit against an unrevoked term of postrelease supervision for time incarcerated on another charge considered. White v. Bruce, 23 Kan. App. 2d 449, 455, 932 P.2d 448 (1997).

16. A sentence imposed is not tolled while detainers from other counties are being honored. State v. Bird, 24 Kan. App. 2d 380, 381, 945 P.2d 417 (1997).

17. Time spent in jail solely for charges which are subsequently dismissed do not qualify as jail time credit. State v. Wheeler, 24 Kan. App. 2d 616, 617, 949 P.2d 634 (1997).

18. Allowance of jail time credit for defendant's time in federal prison erroneous; sentence vacated. State v. Heath, 25 Kan. App. 2d 587, 590, 967 P.2d 775 (1998).

19. Time incarcerated in Florida fighting extradition to Kansas is to be credited as time spent in custody upon charge for which sentenced. State v. Cooper, 26 Kan. App. 2d 557, 990 P.2d 765 (1999).

20. Good time credits are awarded by secretary of corrections; district court erred in granting good time credits. State v. Golston, 269 Kan. 345, 7 P.3d 1132 (2000).

21. No credit for jail time spent in one county to be applied against separate charges prosecuted in another county. State v. Hartman, 27 Kan. App. 2d 98, 998 P.2d 128 (2000).

22. Defendant may receive jail time credit for time spent in an inpatient reintegration program or halfway house made a condition of defendant's probation. State v. Taylor, 27 Kan. App. 2d 539, 6 P.3d 441 (2000).

23. No jail time credit for time spent under house arrest when restrictions are not equivalent to incarceration. State v. Parks, 27 Kan. App. 2d 544, 6 P.3d 444 (2000).

24. When felony sentence is involved, time in pretrial confinement must be applied first to felony sentence, not to misdemeanors involved. State v. Harper, 275 Kan. 888, 69 P.3d 1105 (2003).

25. Correction of jail time credit is not modification of sentence. State v. Smith, 33 Kan. App. 2d 554, 105 P.3d 738 (2005).

26. Time under house arrest awaiting trial does not qualify for jail time credits. State v. Guzman, 279 Kan. 812, 112 P.3d 120 (2005).

27. Cited in discussing sentencing; no credit against postrelease supervision for time served in excess of sentence. State v. Gaudina, 284 Kan. 354, 360, 362, 160 P.3d 854 (2007).

28. Defendant entitled to jail time credit for time defendant held in pending disposition of case in that district. State v. Prebble, 37 Kan. App. 2d 327, 333, 152 P.3d 1245 (2007).

29. Cited; if probation is revoked at a later time, defendant entitled to credit for time spent in jail. State v. Luttig, 40 Kan. App. 2d 1095, 1101, 199 P.3d 793 (2009).

30. Defendant released on bond may not receive jail time credit for time spent in a community correctional residential services program. State v. Graves, 47 Kan. App. 2d 808, 278 P.3d 993 (2012).

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