State v. Reynolds

OPINION

KLEINSCHMIDT, Judge.

The issue in this case is whether time spent in a drug rehabilitation program as a condition of probation is time spent “in custody” within the meaning of the statute which mandates credit against a sentence of imprisonment for presentence incarceration. We hold that when a defendant is *581confined in such a program under conditions which the trial court finds are as onerous and as restrictive on movement and conduct as those a defendant would experience if he were in jail, a defendant is entitled to credit for such time if he is later sentenced to imprisonment.

FACTS

The…