Background
Curtis Dewayne Freeman pleaded guilty to felony theft in 2009 and received a ten-year commitment to the Montana Department of Corrections, with five years suspended. After serving custodial sentences for other offenses, he began probation on the suspended portion of the theft sentence on November 3, 2022. His probation conditions included reporting to probation officers, abstaining from drugs and alcohol, completing recommended chemical-dependency treatment, and avoiding casinos.
The State later sought revocation based on alleged violations that included missed reporting, repeated positive drug tests, inadequate attendance at required outpatient treatment, and casino visits. The District Court revoked Freeman’s sentence and imposed five years with the Department of Corrections, all but nine months suspended. It awarded 180 days of elapsed, or “street,” time and denied credit for the remaining periods based on Freeman’s substantial noncompliance.
The Court’s Holding
The Montana Supreme Court affirmed the District Court’s denial of street-time credit for the disputed periods from December 21, 2022, through January 19, 2023; January 27 through March 28, 2023; and November 1, 2023, through May 29, 2024. The Court held that the probation officer’s testimony about Freeman’s failure to report, positive drug tests, failure to attend required treatment, casino visits, and continuing substance use provided substantial evidence of ongoing probation violations. It also concluded that the District Court adequately stated its reasons for denying credit as required by Montana law.
The State conceded, however, that the record did not support denying credit for three other periods: November 3 through November 22, 2022; January 19 through January 26, 2023; and March 29 through June 1, 2023. The Supreme Court therefore remanded with instructions to amend the revocation judgment by adding 93 days of street-time credit. The Court issued the decision as a noncitable memorandum opinion that does not serve as precedent.
Key Takeaways
- A Montana court may deny street-time credit when the record or probation officer’s recollection identifies actual probation violations during the relevant period.
- Evidence may support treating violations as continuous, including testimony about ongoing substance use, missed reporting, and failure to follow required treatment programming.
- Freeman was entitled to 93 additional days of credit because the record did not establish violations during three specific periods.
Why It Matters
The decision illustrates the period-specific analysis required when calculating elapsed-time credit after revocation. A general pattern of misconduct is insufficient by itself, but credible evidence of actual or continuing violations can support denying credit for identified periods.
Although the ruling corrects Freeman’s sentence by adding 93 days of credit, it is a noncitable memorandum opinion and does not establish precedent.