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Commonwealth v. Kyle5/16/2005
This Court granted discretionary review to consider whether an individual is in custody for purposes of awarding credit toward a prison sentence for time spent subject to home confinement with electronic monitoring while released on bail pending appeal. The Post Conviction Relief Act ("PCRA") court determined that appellee was not entitled to credit. The Superior Court vacated that determination and remanded for an evidentiary hearing. For the reasons set forth below, we find that appellee is not entitled to sentencing credit toward his prison sentence for time he spent at home on bail subject to electronic monitoring. Accordingly, we reverse the Superior Court's remand order and reinstate the order of the PCRA court, denying relief.
On June 6, 2000, following a jury trial in Lycoming County, appellee, who had a history of convictions for driving under the influence of alcohol ("DUI"), was again convicted of DUI, under 75 Pa.C.S. § 3731(a)(1) (under the influence of alcohol to a degree which renders the person incapable of safe driving) and § 3731(a)(4) (amount of alcohol, by weight in the blood, is 0.10% or greater). Appellee was permitted to remain on bail pending sentencing with the condition that he maintain alcohol counseling and consume no alcoholic beverages. On September 6, 2000, appellee was sentenced to a structured sentence, consisting of placement in the Lycoming County Intermediate Punishment Program for a term of two years. The court directed that the first two months be served in prison, at the Pre-Release Center in Lycoming County, with eligibility for in-home detention for the final fifteen days of the Pre-Release Center time. Under the conditions of the Intermediate Punishment Program, appellee was required to attend and successfully complete the Alcohol Highway Safety School, undergo an evaluation by a licensed drug and alcohol treatment provider and pursue treatment as recommended. Appellee was further required to continue the counseling that was already in place for him and to perform fifty hours of community service.
Appellee appealed his conviction to the Superior Court on October 5, 2000, arguing that there was insufficient evidence to sustain the verdict and that the verdict was against the weight of the evidence. Appellee was allowed to remain free on $2,000 bond pending that appeal, with the condition that he not consume alcoholic beverages. On December 1, 2000, the Commonwealth filed a petition to revoke bail because appellee had been drinking alcoholic beverages, in violation of his bail terms. On December 5, 2000, following a conference on the petition and an agreement between the Commonwealth and appellee, appellee was placed on the Lycoming County Intensive Supervised Bail Program utilizing home confinement with electronic monitoring. The Superior Court affirmed appellee's conviction on August 6, 2001, but he remained on electronic monitoring for a total of 268 days, until August 29, 2001.
On August 31, 2001, appellee filed a motion for clarification of sentence, requesting credit for the 268 days he had spent on electronic monitoring toward the two-month imprisonment portion of his sentence. Appellee argued he was entitled to credit for time served based upon this Court's fractured decision in Commonwealth v. Chiappini, 782 A.2d 490 (Pa. 2001), which was filed on July 23, 2001. On September 18, 2001, the trial court denied appellee's motion, finding that even if Chiappini could be construed to require sentencing credit, it should not be applied retroactively. The trial court stated that, " o one anticipated that [the intensive supervised bail with electronic monitoring] program would be considered 'custody' for purposes of credit for time ser
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