 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Commonwealth v. Kyle5/16/2005
om receiving credit for time served under even the most restrictive and limiting home confinement program.
Because of the varying home confinement programs in place throughout the counties of the Commonwealth, the necessity of a case-by-case approach as delineated in Chiappini, which carefully examines the particulars and nuances of each electronic monitoring program, is readily apparent. In Chiappini, a plurality of this Court determined that the technology employed by the Lackawanna County Home Confinement/Electronic Monitoring Program had sufficiently restrained and limited Chiappini's freedom so as to constitute "custody" pursuant to Section 9760. Specifically, participants in the Lackawanna County program were closely monitored by Lackawanna County prison authorities throughout the course of the day via a non-detachable ankle or wrist bracelet, which each participant was required to wear at all times. Moreover, an additional monitoring device was attached to each participant's home telephone. Lackawanna County prison authorities also ensured strict compliance with the restrictions of the program through random telephone calls and occasional visits from detention personnel. In addition, the program permitted county detention staff members, whether corrections or maintenance personnel, to enter a participant's residence upon request at any time. Essentially, a participant in the Lackawanna County home confinement program was an inmate of the county prison system and his or her residence was "considered a jail without bars." Chiappini, 782 A.2d at 497.
However, unlike Chiappini, in the matter sub judice, it is unclear whether the extent of control exercised by the Lycoming County Intensive Supervised Bail Program Utilizing Electronic Monitoring would entail "custody" pursuant to Section 9760. The evidentiary record detailing the Lycoming County home confinement program is insufficient to conclude that Appellee's residence was, ultimately, a "jail without bars." Hence, the Superior Court did not specifically hold that Appellee was entitled to credit for time served in this particular home confinement program. Instead, the court remanded the matter for an evidentiary hearing to investigate the nature and extent of control exercised by the Lycoming County authorities in administering and enforcing its home confinement program.
Absent a full and complete evidentiary record detailing the particulars of the Lycoming County home confinement program, I believe that such a remand is necessary before categorically deciding that Appellee was not in "custody" and not entitled to sentencing credit. Accordingly, pursuant to the case-by-case approach outlined in Chiappini, I would affirm the Order of the Superior Court remanding this matter for an evidentiary hearing to scrutinize the nature and enforcement protocol of the Lycoming County home confinement program before reaching a final determination.
Page 1 2 3 4 5 6 7 8 9 10 11 Pennsylvania DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|