State v. J.D.G.

J.D.G. (defendant) was a juvenile who pleaded guilty to first-degree rape of a child, his sister, who was under the age of 12. J.D.G. was given a disposition pursuant to the Special Sex Offender Disposition Alternative (SSODA), which permitted a suspended disposition of confinement, outpatient treatments, and community supervision for two years or inpatient treatment for the standard confinement range. J.D.G. was given a standard-range sentence of confinement for 21 to 28 weeks, with that sentence suspended if J.D.G. would comply with probation conditions. J.D.G.’s probation conditions under the SSODA included participating in therapy for two years, placement at a children’s center for SSODA treatment, no possession or use of nonprescribed drugs, no unexcused absences from school, and continuing residence at the center. J.D.G. was likely required to reside at the children’s center because he could not continue living at home with his sister. Legislative preference required that if a child was sexually assaulted in the child’s home, the perpetrator—rather than the child victim—was required to leave the home. J.D.G. was not required to be at the center 24 hours per day. J.D.G. was also placed on community supervision for two years. Community supervision was a disposition for juveniles who were not committed and included community-based rehabilitation, whose definition included various forms of outpatient services. The record did not clearly indicate that J.D.G. was in confinement or that the children’s center where he received treatment was operated by the state or based on a contract between the state and the facility. J.D.G. left the center to go to school daily. In fact, J.D.G. violated various probation conditions while away from the center by running away, missing school, shoplifting, and possessing nonprescribed drugs, among other things. Because J.D.G. violated probation conditions, his SSODA was revoked, and his suspended sentence was executed. The court gave J.D.G. credit for 49 days when he was in detention. However, the court did not grant J.D.G.’s motion to credit the 18 months he had spent at the children’s center receiving treatment. J.D.G. appealed.