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Update on Home Detention Credit Time

Updating this earlier blog post:

In Arthur v. State, 950 N.E.2d 243 (Ind. Ct. App. June 8, 2011), the Indiana Court of Appeals clarified that the 2010 amendment awarding credit time for home detention was not limited only to persons subject to an I.C. 35-38-2.6-1 "direct commitment" to community correctionse. The Court of Appeals held that "it would be indeed be illogical to interpret the statue so as to allow the offender to earn credit time when placed ona home detention community corrections program only if it is a directplacement of an offneder who has committed an offense for which no portion of the sentence may be suspended."

Additionally, in Brown v. State, 947 N.E.2d 486 (Ind. Ct. App. April 27, 2011), the Court of Appeals ruled that Brown was not entitled to retroactive home detention credit time for the time he served on home detention before the modification of the credit time statute.

If you or someone you know has questions regarding a home detention sentence, whether for Drunk Driving (DUI/OWI) or a more serious offense like Burglary, please contact Gregory A. Miller, a Fort Wayne Criminal Defense Attorney, at (260) 426-6666.