I know that if you are unsuccessfully discharged from SAFPF, you are not entitled to credit spent in SAFPF when later revoked. However, what if you successfully complete SAFPF, but are later kicked out of the halfway house (or abscond from the halfway house)? Do you lose all your SAFPF time as well? I have had this come up twice now - one is currently the subject of a writ - and I'm curious what other prosecutors believe should happen. It doesn't appear that the Code speaks to this. Thoughts?

Check out 42.12 Sec. 23(b). They get credit for time served for successful completion of a program in that facility. Our take is the halfway house is a different facility.

SAFPF would be pre-sentence credit so, unless the additional amount of time would have discharged the sentence, it is not cognizable in a post-conviction writ.

It should be raised in a motion for nunc pro tunc. If the trial court denies the motion (or fails to rule), then it can be raised in a writ of mandamus.

And I agree, if they have successfully completed the first stage in the facility but were kicked out of the halfway house or additional aftercare stages, they are still entitled to credit for the initial first confinement that they "successfully completed." If you have an Order of successful discharge, they get the credit.

Here are some cases I found when briefing the issue (for a writ of mandamus):

Burke v. State, 2010 WL 3431675
Woodard v. State, 2011 WL 2732669
Eaglin v. State, 2011 WL 4999483
Rogers v. State, 2013 WL 1500368

Hope that helps!

Thank you for the quick replies! This helps, and I will pass this along to my judge as well.

Our probation department had an email from a SAFP director that the halfway house was part of the "continuum of care" and failure to complete that last portion was no different than bailing out of the lockdown facility. That was just an email/memo from a single facility, so I'm not sure how much authority it has.