ILNews

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

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

ADVERTISEMENT