If I was sentence to 21 months then ferload to treatment for 144 days. Do I get credit for the time I spent in treatment?

Asked over 2 years ago - Minneapolis, MN

The judge sentence me to 21 months. I got 9 months and 2 weeks already on the 21 months. Do I get credit for the ferload time from the treatment center?

Attorney answers (3)

  1. John C Conard

    Pro

    Contributor Level 11

    7

    Lawyers agree

    Answered . The answer is that it depends. Often a furlough is to an unsecured local treatment facility, and if that is the case you don not have a right to credit. A judge may still grant you credit, but you are not entitled to it, and such a grant is uncommon.

    On the other hand, if your were at a secured facility, such as AMRTC, it will count as in custody time and youw ill get credit. On a 21 month sentence you would ordinarily serve 14 months in custody, and 7 months on supervised release. So you are close to have the sentence satisfied.

    I assume that the furlough happened before you were sentenced. A 21 month sentence if executed, would committ you to the commissioner of corrections, at which point the district court would loose jurisdiction. On the other hand, a 21 month stayed sentence, with local jail time, and a treatment furlough is a common outcome.

    I suggest that you talk through the details with a criminal defense attorney, because there are a few technical issues that need to be clarified.

    The answer provided is not intended as legal advice. Any question within a case involves numerous facts and... more
  2. Jennifer Rose Congdon

    Contributor Level 11

    2

    Lawyers agree

    Answered . Generally the answer is no. You only get custody credit if you are in custody. Treatment is not in custody. In some rare cases, a treatment facility can be considered a custodial situation because you are not free to leave and it is a locked facility, but as I said this is rare.

    This answer is not legal advice and does not create an attorney/client relationship. You need to speak to a... more
  3. Thomas C Gallagher

    Contributor Level 17

    2

    Lawyers agree

    Answered . A defendant is not entitled to credit for time out of incarceration, spent instead in a treatment center in a Minnesota case. But sometimes judges will credit it, in certain circumstances.

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