This opinion will be unpublished and

may not be cited except as provided by

Minn. Stat. § 480A.08, subd. 3 (1998).




State of Minnesota,



Jerome R. Bowman,


Filed March 23, 1999

Reversed and remanded

Short, Judge

St. Louis County District Court

File No. J798650780

Michael A. Hatch, Attorney General, 1400 NCL Tower, 445 Minnesota Street, St. Paul, MN 55101, and

Alan L. Mitchell, St. Louis County Attorney, Leslie E. Beiers, Assistant County Attorney, 403 Government Services Center, 320 West Second Street, Duluth, MN 55802 (for respondent)

John M. Stuart, State Public Defender, Marie L. Wolf, Assistant State Public Defender, 2829 University Avenue Southeast, Suite 600, Minneapolis, MN 55414 (for appellant)

Considered and decided by Short, Presiding Judge, Kalitowski, Judge, and Klaphake, Judge.


SHORT, Judge

Appellant Jerome R. Bowman was convicted of second-degree assault as an extended jurisdiction juvenile. See Minn. Stat. § 260.126 (1998) (defining extended jurisdiction juvenile prosecutions). He was given a 21-month sentence with execution stayed for five years conditioned on successful completion of the Prepare Program at the Minnesota Correctional Facility at Red Wing (Red Wing). At his request, Bowman's sentence was executed. On appeal, Bowman argues the trial court erred as a matter of law by failing to give him credit for time spent at Red Wing. We reverse and remand.


Calculation of jail credit is governed by principles of fairness and equity and should not turn on matters subject to manipulation by the prosecutor. See State v. Folley, 438 N.W.2d 372, 374 (Minn. 1989) (noting incarceration should not turn on irrelevant concerns or issues subject to manipulation); State v. Dulski, 363 N.W.2d 307, 310 (Minn. 1985) (granting jail credit so defendant's sentence would not depend on irrelevant factors or factors subject to manipulation). Once a defendant establishes entitlement to jail credit for any specific period of time, the decision to grant jail credit is not discretionary. See Minn. R. Crim. P. 27.03, subd. 4(B) (stating trial court has duty to assure record reflects all time spent in custody to sentenced offense); State v. Willis, 376 N.W.2d 427, 428 n.1 (Minn. 1985) (noting burden on defendant to prove entitlement to jail credit); State v. Fritzke, 521 N.W.2d 859, 861 (Minn. App. 1994) (citing State v. Doyle, 386 N.W.2d 352, 354 (Minn. App. 1986), and recognizing grant of jail credit not discretionary).

Bowman argues the trial court erred as a matter of law by failing to credit time spent at Red Wing. See Escobedo v. Oleisky, 339 N.W.2d 263, 263 (Minn. 1983) (holding defendant entitled to credit for time spent in juvenile detention center awaiting certification for prosecution as adult); State v. Wilkinson, 539 N.W.2d 249, 252 (Minn. App. 1995) (distinguishing time spent in custody from time spent restricted by electronic home monitoring). We agree. Juveniles certified as adults are entitled to credit against the imposed sentence for all time spent in custody. Minn. R. Juv. P. 18.06, subd. 1(D); see Minn. R. Crim. P. 27.03, subd. 4(B) (providing defendant entitled to jail credit, automatically deducted from sentence, for time spent in custody as condition of stay of sentence); Minn. Sent. Guidelines III.C.3 (mandating jail credit for time spent in confinement as condition of stayed sentence when stay is later revoked).

Although defendants are not ordinarily given credit for time spent in a treatment facility as a condition of probation, Bowman was ordered "committed to the care and custody of the Commissioner of Corrections" and Red Wing is a correctional facility. See Minn. Stat. § 242.41 (1998) (describing Red Wing as correctional facility in which persons committed to commissioner of corrections may be placed); cf. State v. Peterson, 359 N.W.2d 708 (Minn. App. 1984) (holding defendant not entitled to jail credit for therapy at secure hospital), review denied (Minn. Mar. 13, 1985). Under these circumstances, the trial court erred by denying Bowman credit for time spent at Red Wing. Accordingly, we reverse and remand for entry of judgment that Bowman is entitled to additional jail credit of 43 days for his time spent from June 3, 1998 to July 15, 1998 at Red Wing. See State v. Jackson, 557 N.W.2d 552, 554 (Minn. 1996) (holding defendant entitled to credit for both first and last day of period of confinement, even though defendant may have only spent part of each day in jail); State v. Steeves, 279 Minn. 298, 299 n.1, 157 N.W.2d 67, 69 n.1 (1968) (noting defendant had served "sentence" in juvenile correctional facility at Red Wing).

Reversed and remanded.