State v. Theis

The opinion of the court was delivered by

Six, J.:

This case requires interpretation of K.S.A. 21-4614a(a) in determining defendant’s credit for time spent in an inpatient drug treatment program while on probation. Was defendant in a “residential facility” while on probation?

The State petitions for review of the Court of Appeals’ unpublished opinion filed October 4, 1996, reversing the district court’s denial of defendant Patrick J. Theis’ motion to compute time to be credited for inpatient drug treatment after revoking Theis’ probation. Theis had spent time in two different inpatient drug…