21-6615.
Deduction of time spent incarcerated or in confinement, residential facility or community correctional residential services program.
(a) (1) In any criminal action in which the defendant is convicted, the judge, if the judge sentences the defendant to confinement, shall direct that for the purpose of computing the defendant's sentence and parole eligibility and conditional release dates thereunder, that such sentence is to be computed from a date, to be specifically designated by the court in the sentencing order of the journal entry of judgment. Such date shall be established to reflect and shall be computed as an allowance for the time that the defendant has spent incarcerated pending the disposition of the defendant's case. The defendant shall be entitled to have credit applied for each day spent incarcerated. In recording the commencing date of such sentence the date as specifically set forth by the court shall be used as the date of sentence and all good time allowances as are authorized by the secretary of corrections are to be allowed on such sentence from such date as though the defendant were actually incarcerated in any of the institutions of the state correctional system.
(2) When computing the defendant's sentence, the following shall not be considered time spent incarcerated pending disposition of the defendant's case:
(A) Any time awarded as credit in another case when consecutive sentences are imposed on a defendant; or
(B) any time spent incarcerated in another jurisdiction if no hold has been issued in such jurisdiction for the case being sentenced.
(b) In any criminal action in which probation or assignment to community corrections is revoked and the defendant is sentenced to confinement, for the purpose of computing the defendant's sentence and parole eligibility and conditional release date, the defendant's sentence is to be computed from a date, hereafter to be specifically designated in the sentencing order of the journal entry of judgment. Such date shall be established to reflect and shall be computed as an allowance for the time that the defendant has spent in a residential facility while on probation or assignment to community correctional residential services program. The commencing date of such sentence shall be used as the date of sentence and all good time allowances as are authorized by law are to be allowed on such sentence from such date as though the defendant were actually incarcerated in a correctional institution.
(c) Such credit is not to be considered to reduce the minimum or maximum terms of confinement authorized by law for the offense of which the defendant has been convicted.
History:
L. 2010, ch. 136, § 255; L. 2024, ch. 96, § 7; May 23.
Notes of Decisions
Cited in
87
cases (
71 in the last 5 years), 2015–2026 · leading case:
State v. Smith, 441 P.3d 1041 (Kan. 2019).
State v. Smith, 441 P.3d 1041 (Kan. 2019).
· cites it 6× “See K.S.A. 2018 Supp. 21-6615. According to Smith, his sentence begins date in the '84 case should have been December 23, 1984, rather than May 21, 1986.”
State v. Hopkins, 537 P.3d 845 (Kan. 2023).
· cites it 6× “The two victims believed they were meeting to obtain methamphetamine from Hopkins; however, Hopkins thought the victims were acting as law enforcement informants against him.”
State v. Ervin, 566 P.3d 481 (Kan. 2025).
· cites it 12× “21-4614, the identical predecessor to K.S.A. 21-6615, "contains no provision for credit in excess of the time an individual is actually incarcerated in jail.”
State v. Davis, 474 P.3d 722 (Kan. 2020).
“" K.S.A. 2019 Supp. 21-6615(a). Before 2011, substantively identical language was codified at K.”
State v. Hambright, 388 P.3d 613 (Kan. Ct. App. 2017).
“See K.S.A. 2015 Supp. 21-6615(b). Moreover, in State v.”
State v. Chardon, 449 P.3d 1224 (Kan. Ct. App. 2019).
· cites it 5× “In so holding, the court interpreted what is now K.S.A. 2018 Supp. 21-6615(a). That statute directs the court how to compute a defendant's sentence begins date when the court "sentences the 6 defendant to confinement," considering incarceration credit earned when the defendant…”
Hooks v. State, 349 P.3d 476 (Kan. Ct. App. 2015).
“The first statute is K.S.A. 2014 Supp. 21-6615(a), which requires the sentencing court to provide a credit for any time the defendant spent incarcerated pending disposition of the defendant’s case.”
State v. Storer, 382 P.3d 467 (Kan. Ct. App. 2016).
“We cannot determine on our record how these days—and others—should have been treated. It may well be that Storer wasn’t *6 entitled to credit for these days against his sentence in this case.”
State v. Brown (Kan. Ct. App. 2025).
· cites it 17× “21-6615 requires the district court to award one day of jail credit for each day a defendant is incarcerated pending disposition of the defendant's case regardless of whether he received an allowance for some or all that time against a sentence in another case. Appeal from…”
State v. Ward (Kan. Ct. App. 2025).
· cites it 16× “The right to jail time credit in Kansas is controlled by K.S.A. 2024 Supp. 21-6615. The statute provides: "In any criminal action in which the defendant is convicted, the judge, if the judge sentences the defendant to confinement, shall direct that for the purpose of computing…”
State v. George (Kan. Ct. App. 2026).
· cites it 14× “The State argues the May 23, 2024 amendment to K.S.A. 21-6615 applies to any case pending as of that date.”
State v. Scott (Kan. Ct. App. 2026).
· cites it 14× “Resolution of this issue requires interpretation of the jail credit provisions in K.S.A. 21-6615. Statutory interpretation is a question of law over which an appellate court has unlimited review.”
— K.S.A. § 21-6615(a) — 71 cases
State v. Hopkins, 537 P.3d 845 (Kan. 2023).
“The two victims believed they were meeting to obtain methamphetamine from Hopkins; however, Hopkins thought the victims were acting as law enforcement informants against him.”
State v. Smith, 441 P.3d 1041 (Kan. 2019).
“See K.S.A. 2018 Supp. 21-6615. According to Smith, his sentence begins date in the '84 case should have been December 23, 1984, rather than May 21, 1986.”
State v. Ervin, 566 P.3d 481 (Kan. 2025).
“21-4614, the identical predecessor to K.S.A. 21-6615, "contains no provision for credit in excess of the time an individual is actually incarcerated in jail.”
State v. Davis, 474 P.3d 722 (Kan. 2020).
“" K.S.A. 2019 Supp. 21-6615(a). Before 2011, substantively identical language was codified at K.”
State v. Chardon, 449 P.3d 1224 (Kan. Ct. App. 2019).
“In so holding, the court interpreted what is now K.S.A. 2018 Supp. 21-6615(a). That statute directs the court how to compute a defendant's sentence begins date when the court "sentences the 6 defendant to confinement," considering incarceration credit earned when the defendant…”
— K.S.A. § 21-6615(a)(1) — 11 cases
State v. Ward (Kan. Ct. App. 2025).
“The right to jail time credit in Kansas is controlled by K.S.A. 2024 Supp. 21-6615. The statute provides: "In any criminal action in which the defendant is convicted, the judge, if the judge sentences the defendant to confinement, shall direct that for the purpose of computing…”
— K.S.A. § 21-6615(a)(2) — 1 case
— K.S.A. § 21-6615(a)(2)(A) — 14 cases
State v. Ward (Kan. Ct. App. 2025).
“The right to jail time credit in Kansas is controlled by K.S.A. 2024 Supp. 21-6615. The statute provides: "In any criminal action in which the defendant is convicted, the judge, if the judge sentences the defendant to confinement, shall direct that for the purpose of computing…”
— K.S.A. § 21-6615(b) — 6 cases
State v. Hambright, 388 P.3d 613 (Kan. Ct. App. 2017).
“See K.S.A. 2015 Supp. 21-6615(b). Moreover, in State v.”
— K.S.A. § 21-6615(c) — 1 case
— K.S.A. § 21-6615(d)(1) — 1 case
— K.S.A. § 21-6615(e) — 1 case
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