No Jail Time Credit Given

The Kansas Court of Appeals held in June that a defendant at a residential center cannot earn jail time credit while on bond.  State v. Graves, at *8.  Defendant Graves was incarcerated at Johnson County Adult Detention Center after being arrested and charged with criminal threat, stalking, and harassment.  Id. at *1.  Because Graves was unable to post the bond amount assigned to him the district court allowed him to post a minimal bond amount “with the condition that Graves reside at the Residential Center,” operated by the Johnson County Department of Corrections.  Id.

At trial, Graves pled guilty to criminal threat and was sentenced to 12 months’ probation with an underlying prison term of 7 months.  Id.  On appeal Graves argued that he was entitled to jail time credit for the 93 days he spent on bond at the Residential Center pursuant to K.S.A. 21-4614.  Id. at 3.  Under K.S.A. 21-4614, “a defendant is entitled to jail time credit … if the defendant was “incarcerated” pending the disposition of the case.”  Id. at *4.  In affirming the district court’s holding that Graves did not earn “jail time credit,” the court of appeals found that “a defendant residing in a community corrections facility while on bond prior to the disposition of the case is not in “custody” . . . or “incarcerated” for jail credit purposes.”  Id. at *8.

If you have any questions or concerns regarding jail time credit, contact Lindsey Ericskon or Dionne Scherff with Erickson Scherff, LLC at www.ericksonscherff.com for counsel.