21-4614a.
History: L. 1988, ch. 115, § 4; L. 1989, ch. 92, § 25; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
Law Review and Bar Journal References:
"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).
CASE ANNOTATIONS
1. Credit mandatory for time served during probation; statute applies to sentences after effective date regardless when crime occurred. State v. King, 14 Kan. App. 2d 478, 482, 793 P.2d 1267 (1990).
2. 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, 486, 794 P.2d 316 (1990); reversed 248 Kan. 65, 805 P.2d 15 (1991).
3. No credit allowed toward controlling sentence for time spent under house arrest; inpatient drug treatment issue remanded. State v. Williams, 18 Kan. App. 2d 424, 431, 856 P.2d 158 (1993).
4. Home detention imposed on defendant not incarceration precluding additional incarceration for violating terms of probation. U.S. v. Thomas, 68 F.3d 392, 395 (1995).
5. Credit allowable where program operating under community corrections act (K.S.A. 75-5290 et seq.); program need not be controlled by sentencing county. State v. Brasfield, 22 Kan. App. 2d 623, 921 P.2d 834 (1996).
6. Liberally construed; inpatient drug treatment program imposed as condition of probation qualifies for jail time credit. State v. Theis, 262 Kan. 4, 936 P.2d 710 (1997).
7. Defendant may receive jail time credit for time in halfway house if operated by community corrections program under community corrections act (K.S.A. 75-5290 et seq.). State v. Cordill, 24 Kan. App. 2d 780, 781, 955 P.2d 633 (1997).
8. Defendant may not receive a jail time credit for time spent in an adult daily reporting center program as a condition of probation. State v. Black, 36 Kan. App. 2d 593, 596, 142 P.3d 319 (2006).
9. Section calls for sentencing court to give credit for time spent in halfway house. State v. Brown, 38 Kan. App. 2d 490, 167 P.3d 367 (2007).
10. Cited; no jail time credit for time in inpatient treatment required by mandatory drug abuse treatment program. State v. Preston, 287 Kan. 181, 183 to 186, 188, 195 P.3d 240 (2008).
11. Defendant's time spent in residential drug abuse treatment should be counted for her jail time credit. State v. Hopkins, 295 Kan. 579, 285 P.3d 1021 (2012).
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