McKinley v. State

OPINION

BOLGER, Judge.

Bobby Lee McKinley argues that he should receive credit against his sentence of imprisonment for the time he spent in transitional housing while attending aftercare treatment at the Salvation Army Adult Rehabilitation Program. We conclude that, although McKinley was placed in residential treatment at the Salvation Army by a court order, his residence at the program for aftercare did not approximate incarceration because the program did not require residency, and because the facility did not require twenty-four hour custody or supervision.

Background

McKinley was indicted on…