Analog Electronics by U.A.Bakshi, A.P.Godse

By U.A.Bakshi, A.P.Godse

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19): While certain similarities may exist between home detention and a particular community correctional facility, Wyoming grants credit for the time spent in those environments from which a charge of escape would lie, and a charge of escape would not lie in this case. In the case of Barton v. 2d 623 (Ind. Ct. App. 1992), an offender was given a four-year suspended sentence and placed on probation. He was ordered to serve one year on electronically supervised home detention. After he completed his home detention, the offender violated probation, and it was revoked.

LEXIS 11317 (4th Cir. 1991); and United States v. 2d 761 (11th Cir. 1991) (Skelton, 1999b). Several State courts have ruled similarly that pretrial release on electronic supervision cannot be used as credit toward sentencing. A Pennsylvania case illustrates this practice. In Commonwealth v. 2d 874 (Pa. Super. Ct. 1995), a defendant sought credit for time he spent being electronically supervised in home confinement. The Pennsylvania Supreme Court upheld the trial court’s decision that house arrest was not the same as imprisonment, saying imprisonment would require confinement in an institutional setting.

Magnuson sought credit for time he spent in home detention before his trial. The court established a “bright-line” rule for determining if an offender was in custody. They ruled that “. . for sentence credit purposes an offender’s status constitutes custody whenever the offender is subject to an escape charge for leaving that status” (Kozlowski, 2000a). Other cases refusing offenders credit on their sentences for pretrial time spent on electronic supervision include People v. Shaw, 64 Cal. App.

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