People v. Chamberlain

358 N.W.2d 572, 136 Mich. App. 642
CourtMichigan Court of Appeals
DecidedAugust 20, 1984
DocketDocket No. 72015
StatusPublished
Cited by7 cases

This text of 358 N.W.2d 572 (People v. Chamberlain) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Chamberlain, 358 N.W.2d 572, 136 Mich. App. 642 (Mich. Ct. App. 1984).

Opinion

J. A. Hathaway, J.

Defendant appeals as of right, claiming that the sentence he received for his criminal conviction was unauthorized by law.

Defendant was charged with carrying a dangerous weapon in an automobile, MCL 750.227; MSA 28.424. Pursuant to a plea agreement, he pled [644]*644guilty to attempted carrying a dangerous weapon in an automobile. See MCL 750.92; MSA 28.287.

The court sentenced defendant to a period of probation of four years and five months from and including the date of sentencing. It ordered defendant to serve the first year of his probation in the county jail. Defendant was to receive credit for 195 days served in jail since the date of his arrest. The judge stated that part of the one-year jail sentence was to be suspended at the time defendant was released from jail to enroll in the Alternative Directions program in Grand Rapids. Alternative Directions was a residential treatment facility which provided younger offenders with a structured environment. Defendant had been ordered to enroll in the program in accordance with a probation order entered earlier by the same court on a conviction for another offense. The court directed defendant to remain in the program and observe all of its rules and regulations until otherwise authorized by his probation agent.

On appeal, defendant claims that the sentence exceeds that allowed by statute. His claim is based on his argument that time spent in the Alternative Directions program must be considered as time spent in the county jail. The statute governing conditions of defendant’s probation allows a court to sentence a probationer to be "imprisoned in the county jail for not more than 12 months”. MCL 771.3(2)(a); MSA 28.1133(2)(a). Defendant claims, without challenge, that he has spent more than one year in jail if the time he has been in the Alternative Directions program is counted as time in jail.

Defendant claims that his case is analogous to that of People v Stange, 91 Mich App 596; 283 NW2d 806 (1979). In Stange, supra, the trial judge [645]*645invoked the delayed sentencing statute, MCL 771.1; MSA 28.1131. He directed defendant to reside at a drug rehabilitation center until he "graduated” from there or received permission to leave from a probation officer. Defendant left without permission and was arrested. He was sentenced to prison with credit for time spent in jail awaiting sentencing, but not for time spent at the rehabilitation center.

On appeal, this Court ruled that credit must be given for time spent in the rehabilitation center. It relied on the tradition of liberal construction of the statute allowing credit for pre-sentence incarceration, MCL 769.11b; MSA 28.1083(2). The Court noted the highly restricted living environment at the drug rehabilitation center and held that it should be equated to a jail for purposes of the sentence credit statute.

Defendant argues that the term "county jail” in the statute governing conditions of probation should be construed by this Court like the term "jail” in the sentence credit statute was construed in Stange, supra. He contends that both terms should be interpreted broadly to include a residential program in which a probationer’s freedom is substantially restricted.

We disagree with defendant’s claim concerning the proper interpretation of the term "jail” in the statute governing conditions of probation. Its use is not analogous to its use in the sentence credit statute. A comparison of the statutory language alone suggests differences in meaning which are clearly borne out by an analysis of the legislative intent behind each provision.

MCL 771.3; MSA 28.1133 states that a court may require a probationer to "be imprisoned in the county jail” for not more than 12 months. [646]*646MCL 769.11b; MSA 28.1083(2), in contrast, grants credit against a sentence for "time served in jail” for any person sentenced who "has served any time in jail prior to sentencing because of being denied or unable to furnish bond for the offense of which he is convicted”. The term "county jail” has a plain and common meaning. Reference to "the county jail” indicates that, in general, only one place satisfies the statutory definition in each case.

Defendant’s argument would be far more persuasive if the Legislature had used the more general term "jail”, rather than referring specifically to "the county jail”. While "jail” might be considered a general term, "county jail” is not. The Arizona Supreme Court, in Goodman v State, 96 Ariz 139, 141; 393 P2d 148 (1964), stated:

"If the word 'jail’ had been used alone, we might be justified in giving it its broadest common law meaning. Here the reference is to 'county jail’, a much more definite term, and is used in contrast to 'state prison’ in A.R.S. § 13-392, which punishes escapes from that institution.”

That court held that a jail prisoner, who had been transferred to a hospital and left the hospital, could not be prosecuted for escaping from a county jail. See also State v Grey, 602 SW2d 259 (Tenn Crim App, 1980).

The term "jail” has received at law a broader meaning than the generally accepted definition as a place or building for confinement. People ex rel Broderick v Noble, 26 Misc 2d 903; 207 NYS2d 467 (Sup Ct, 1960). The term "jail” (but not the term "county jail”) has frequently been broadly interpreted in order to effectuate the purpose of the statute in which it appears. Broderick, supra, p 904. See also People ex rel Cohalan on Behalf of [647]*647Buckner v Warden, 96 NYS2d 749 (Sup Ct, 1950); Marsh v Henderson, 424 SW2d 193 (Tenn, 1968); People v Carter, 117 Cal App 3d 546; 172 Cal Rptr 838 (1981); State v Mackley, 220 Kan 518; 552 P2d 628 (1976).

We conclude that "county jail” generally deserves a much narrower construction than the term "jail”. It should be limited to its common meaning absent some clear indication of a contrary legislative intent.

The sentence credit statute uses the term "jail” in a phrase which clearly reflects a primary concern with persons who, prior to trial, are unable to furnish bond, resulting in their confinement. The sentence credit statute is remedial in nature and deserves liberal construction in order to effectuate its legislative purpose. Brinson v Genesee Circuit Judge, 403 Mich 676, 686; 272 NW2d 513 (1978). This Court has held that the primary purpose of the sentence credit statute is that of preventing the unnecessary chilling of the exercise of the right to trial by persons who are incarcerated while awaiting trial. People v Coyle, 104 Mich App 636, 645-646; 305 NW2d 275 (1981); People v Chattaway, 18 Mich App 538, 542; 171 NW2d 801 (1969). The statute has also been applied to limit the duration of confinement of a probationer who serves time in jail as a condition of probation, violates probation, and is sentenced to prison. In People v Sturdivant, 412 Mich 92; 312 NW2d 622 (1981), the Supreme Court limited the total sentence which might be imposed to the maximum sentence allowable under the statute. Its decision was not based on its interpretation of legislative intent, but on the constitutional ban on double punishment. Sturdivant, supra, p 96.

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Bluebook (online)
358 N.W.2d 572, 136 Mich. App. 642, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-chamberlain-michctapp-1984.