State v. McKellip, 122915

McKellip pled guilty to an offender-registration violation and, per a plea agreement, agreed to complete inpatient drug treatment before sentencing.
The district court modified his appearance bond to require successful completion of inpatient treatment at New Chance and return to jail to await sentencing.
After completing treatment he returned to jail; at sentencing the court granted probation and imposed an underlying 43-month sentence but did not rule on pre-sentencing jail credit.
Probation was later revoked; the district court awarded 115 days' jail credit, including 29 days McKellip spent in treatment while on probation, but denied credit for 27 days he spent in inpatient treatment while on bond awaiting sentencing.
The court relied on K.S.A. 2020 Supp. 21-6615, which grants credit for time spent incarcerated pending disposition and for time in a residential facility while on probation, but does not authorize credit for residential treatment while on bond.
McKellip appealed, arguing he was in "constructive custody" during the pre-sentencing inpatient stay and thus entitled to jail credit; the court affirmed the denial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether defendant is entitled to jail credit for time in an inpatient treatment facility while released on bond awaiting sentencing	McKellip: bond condition made him in "constructive custody" (must return to jail after treatment), so pre-sentencing residential time counts as incarceration pending disposition	State/District Ct: K.S.A. 21-6615 only awards credit for time incarcerated pending disposition or for residential time while on probation; no statutory basis for credit for residential treatment while on bond; prior cases deny such credit	Affirmed: no credit for pre-sentencing residential treatment; defendant was not "incarcerated" or under state control while in treatment and statute does not provide credit

State v. Palmer, 262 Kan. 745, 942 P.2d 19 (Kan. 1997) (residential treatment as a bond condition is not "incarcerated" time for credit purposes)
State v. Guzman, 279 Kan. 812, 112 P.3d 120 (Kan. 2005) (time on court-ordered house arrest with monitoring while on bond is not creditable as incarceration)
State v. Graves, 47 Kan. App. 2d 808, 278 P.3d 993 (Kan. App. 2012) (defendant who chose release to a residential facility on bond not entitled to predisposition credit; legislative scheme treats pre- and post-disposition credit differently)
State v. Hopkins, 295 Kan. 579, 285 P.3d 1021 (Kan. 2012) (jail-time credit is a statutory right)
State v. Chardon, 57 Kan. App. 2d 177, 449 P.3d 1224 (Kan. App. 2019) (silence of statute does not create a right to jail-time credit)
State v. Harper, 275 Kan. 888, 69 P.3d 1105 (Kan. 2003) (statutory-interpretation questions reviewed de novo)