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State v. Judson4/12/2002
MANNHEIMER, Judge, concurring.
After pleading guilty to driving while intoxicated (DWI), Norman R. Judson asked the district court to order him, as a condition of his release, to enroll in residential alcohol treatment in Washington state. The court agreed and at sentencing granted Judson twenty-one days of confinement credit - enough to satisfy the statute's twenty-day mandatory minimum sentence for second offenders - for the time he spent in alcohol treatment.
The state argues that the court erred by awarding Judson Nygren credit for the time he spent in treatment because the court's order mandating treatment was not a true court order, but an accommodation of Judson's desire to avoid jail. The state also argues that Nygren credit cannot be used to satisfy the DWI statute's mandatory minimum sentence because the legislature intended jail time and rehabilitative treatment to be distinct requirements. Lastly, the state argues that the district court violated the bail release statute by ordering treatment without considering whether Judson was a flight risk or a danger to the community. We reject these three claims and affirm Judson's sentence.
Facts and proceedings
On March 6, 2001, Judson was cited for DWI. He was released on his own recognizance. A month later, Judson pleaded guilty to DWI and asked District Court Judge Peter B. Froehlich to modify his conditions of release to require him to enroll in the Sundown M Ranch, an alcohol treatment program in Washington. Judson asked for this order so he would be eligible at sentencing to request Nygren credit for the days he was confined to treatment. The state opposed Judson's request, arguing that accommodating Judson's desire to serve his sentence in alcohol treatment instead of jail, as opposed to ordering treatment as part of his sentence, would violate equal protection, the bail and DWI statutes, and Nygren requirements.
The district court rejected the state's arguments and granted Judson's request. Judge Froehlich conceded that the only changed circumstance that would warrant modification of Judson's release conditions was his DWI conviction. But Judge Froehlich noted that Judson's conviction was a "significant change." Judge Froehlich also reasoned that Judson would receive longer-lasting benefits from alcohol treatment than time in a jail cell, the community would benefit from Judson's rehabilitation, and the state would save money.
During Judson's sentencing hearing in June, the state reiterated its arguments in opposing Nygren credit for the time Judson had spent in treatment. The state also argued that the Sundown M Ranch was not restrictive enough to meet Nygren requirements. After hearing testimony from a representative of that treatment program, Judge Froehlich concluded that Judson was entitled to twenty-two days of Nygren credit for the time he had spent in treatment (twenty-one days) and in jail (one day). Judge Froehlich then sentenced Judson to 122 days with 100 suspended and placed him on probation for three years. Judson's conditions of probation required him, among other things, to be screened by the Alcohol Safety Action Program (ASAP) and to complete up to forty-five days of inpatient treatment if recommended by that program.
The state appeals the district court's decision to grant Nygren credit, but does not argue on appeal that the Washington facility failed to meet Nygren requirements.
Discussion
Should Judson get Nygren credit for the period he spent in treatment even though he asked the court to order him to participate in treatment?
The crux of the state's argument is that Judson should not r
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