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COA: drug court participant not entitled to credit time for electronic monitoring

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The trial court properly denied awarding credit time to a drug court participant on electronic monitoring who violated the conditions of his agreement four times, the Indiana Court of Appeals ruled.

Steven R. Perry appealed the denial of his motion for credit time for time he spent on electronic monitoring as a drug court program participant.

“Perry frames the issue as whether Indiana jurisprudence should be modified to adopt a single analysis for awarding credit time for periods of electronic monitoring served regardless of the pretrial or post-conviction status of the defendant. This, rather, is a case of whether the trial court abused its discretion in denying credit time to a person who failed to comply with conditions for participating in a drug court program,” Judge Margret Robb wrote.

Perry’s convictions of Class D felony residential entry and Class B misdemeanor public intoxication would be deferred under a plea agreement as long as he successfully completed a drug court program. Perry did not; he was sanctioned three times by the drug court for violating his participating agreement and had his participation terminated after he pleaded guilty to a count of Class D felony intimidation. This led to the court entering a judgment of conviction on the two deferred charges. Perry sought 127 days of credit time applied to that sentence based on the time he was on electronic monitoring.

The Court of Appeals found Meadows v. State, 2 N.E.3d 788 (Ind. Ct. App. 2014), to be instructive. That court found it was within a trial court’s discretion to award or deny credit time spent on electronic monitoring while participating in a deferral program.

“A participant in drug court is not awaiting trial or awaiting sentencing under Indiana Code section 35-50-6-3. Though Perry expresses concern this court is creating a new, third category of offenders that is not contemplated by the credit time statute, we disagree. It is well-established that there are others who fall outside the purview of the credit time statute: a person on pretrial home detention or electronic monitoring,” Robb wrote in Steven R. Perry v. State of Indiana, 39A01-1312-CR-517.

A drug court participant receives “considerable benefits” in return for giving up a “plethora of substantive claims and procedural rights,” she continued. There are many positive results for a defendant who successfully completes a drug court program, but there are also negative consequences for failing.

“Not receiving credit time for time spent on electronic monitoring while participating in a drug court program is potentially one of those negative consequences,” she wrote.

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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