No jail time credit for house arrest when condition to pretrial release: TINDELL V. COM. (COA 1/4/2008)

TINDELL V. COM.
CRIMINAL: Sentencing – jail time credit for home incarceration when bail was a condition and not in lieu of
2007-CA-000008
TO BE PUBLISHED: AFFIRMING
PANEL: WINE PRESIDING; VANMETER AND GUIDUGLI CONCUR
DATE RENDERED: 01/04/2008

The sole issue on appeal concerns Tindell’s request for credit for the time he served on “house arrest” following his release on bail until the time of his sentencing. Under the circumstances, Tindell was not entitled to credit for the time which he spent on pretrial home incarceration. KRS 533.030(6) states, in pertinent part, that “[t]ime spent in confinement or home incarceration . . . shall be credited against the maximum term of imprisonment assessed for the defendant pursuant to KRS Chapter 532, if probation or conditional discharge is revoked and the defendant is sentenced to imprisonment.” But in Buford v. Commonwealth, 58 S.W.3d 490 (Ky.App. 2001), this Court made a distinction between pretrial home incarceration and home incarceration imposed as a sentence. The Court concluded that a defendant is not entitled to jail-time credit for time spent in home incarceration ordered as a form of pretrial release. Id. at 491-92.

Digested by Scott C. Byrd
www.olginandbyrd.com