McKinley v. State
275 P.3d 567
Alaska Ct. App.2012Background
- Defendant McKinley charged with first-degree vehicle theft and second-degree theft;
- While awaiting trial, bail required residential treatment at Salvation Army program;
- Program lasted Dec 4, 2008 to May 3, 2009 (five months);
- In April 2010 McKinley pleaded guilty and was sentenced to 60 months with 42 suspended;
- McKinley sought 5 months’ credit for time in treatment;
- Judge Smith granted 30 days (phase 1) and denied credit for later unsupervised absences per AS 12.55.027(c)(2) and the Nygren framework;
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether AS 12.55.027(c)(2) should be read as written or in line with Nygren | McKinley argues Nygren rule should apply | McKinley argues statute codifies Nygren though wording is restrictive | Statute interpreted as written; Nygren not adopted |
| Whether Salvation Army program qualifies for credit under AS 12.55.027(c)(2) | Phase 1 only allowed; broader phases not qualifying | Only unsupervised absences for restricted purposes allowed; work/travel not universally allowed | Credit limited to first phase 30 days; later phases not creditable |
Key Cases Cited
- Nygren v. State, 658 P.2d 141 (Alaska App. 1983) (credit for residential treatment with custody-like restrictions)
- Fortuny v. State, 42 P.3d 1147 (Alaska App. 2002) (Nygren credit allowed when work release is part of treatment)