McKinley v. State

MANNHEIMER, Judge.

Under AS 12.55.025(c), a sentencing judge must give a defendant credit against their sentence for time spent in custody pending their trial, sentencing, or appeal. In Nygren v. State, 658 P.2d 141 (Alaska App.1983), we interpreted this statute as requiring a court to give a defendant eredit for time spent in non-prison residential treatment, if the defendant "is subjected to restrictions approximating those experienced by one who is incarcerated." Id. at 146. We also set forth the criteria that a court should consider when assessing whether a defendant's residence at a…