(a) A court may grant a defendant credit toward a sentence of imprisonment for time spent in a treatment program or under electronic monitoring only as provided in this section.
(b) A court may grant a defendant one day of credit toward a sentence of imprisonment for each full day the defendant resided in the facility of a treatment program and observed the rules of the treatment program and the facility if
(1) the court finds that the treatment program meets the standards described in (c) of this section;
(2) before the defendant entered the treatment program, the court ordered the defendant to reside in the facility of the treatment program and participate in the treatment program as a condition of bail release or a condition of probation; and
(3) the court has received a written report from the director of the program that
(A) states that the defendant has participated in the treatment plan prescribed for the defendant and has complied with the requirements of the plan; and
(B) sets out the number of full days the defendant resided in the facility of the treatment program and observed the rules of the treatment program and facility.
(c) To qualify for credit against a sentence of imprisonment for a day spent in a treatment program, the treatment program and the facility of the treatment program must impose substantial restrictions on a person's liberty on that day that are equivalent to incarceration, including the requirement that a participant in the program
(1) must live in a residential facility operated by the program;
(2) must be confined at all times to the grounds of the facility or be in the physical custody of an employee of the facility, except for
(A) court appearances;
(B) meetings with counsel;
(C) employment, vocational training, or community volunteer work required by the treatment program; and
(D) periods during which the resident is permitted to leave the facility for rehabilitative purposes directly related to the person's treatment, so long as the periods during which the resident is permitted to leave the facility are expressly limited as to both time and purpose by the treatment program;
(3) is subject to disciplinary sanctions by the program if the participant violates rules of the program and facility; sanctions must be in writing and available for court review; and
(4) is subject to immediate arrest, without warrant, if the participant leaves the facility without permission.
(d) A court may grant credit against a sentence of imprisonment for time spent under electronic monitoring if the person has not committed a criminal offense while under electronic monitoring and the court imposes restrictions on the person's freedom of movement and behavior while under the electronic monitoring program, including requiring the person to be confined to a residence except for a
(1) court appearance;
(2) meeting with counsel; or
(3) period during which the person is at a location ordered by the court for the purposes of employment, attending educational or vocational training, performing community volunteer work, or attending a rehabilitative activity or medical appointment.
(e) If a defendant intends to claim credit toward a sentence of imprisonment for time spent in a treatment program or under electronic monitoring either as a condition of probation or as a condition of bail release after a petition to revoke probation has been filed, the defendant shall file notice with the court and the prosecutor 10 days before the disposition hearing. The notice shall include the amount of time the defendant is claiming. The defendant must prove by a preponderance of the evidence that the credit claimed meets the requirements of this section. A court may not consider, except for good cause, a request for credit made under this subsection more than 90 days after the disposition hearing.
Section: Previous 12.55.010 12.55.011 12.55.015 12.55.020 12.55.022 12.55.023 12.55.025 12.55.027 12.55.030 12.55.035 12.55.036 12.55.039 12.55.040 12.55.041 12.55.045 NextLast modified: November 15, 2016