State v. Fortuny

In State v. Fortuny, 42 P.3d 1147, 1150-52 (Alaska App. 2002), the Court rejected the State's argument that a defendant should be deemed ineligible for Nygren credit because his residential treatment program allowed him to be absent from the facility, sometimes for up to fifty hours a week, to engage in employment. In Fortuny, we noted that the clinical staff at the defendant's treatment program "viewed work release as part of the treatment regimen", id. at 1151, and the Court held that the defendant "should receive full credit for the days he resided at the residential treatment program order, even though he was authorized to spend many hours away from the treatment facility on work release." Id. at 1152.