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By Ann H Crowe

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2d 385 (Ind. 2000) when they gave Dishroon credit for time served on home detention but disallowed “good time” credit for the same days (Kozlowski, 2000b). 26 Chapter 3 Violations and Escapes How cases of violations of electronic supervision conditions are decided often depends on State statutes. In some States they are treated as other violations of probation or parole conditions, and in others, they may be prosecuted as escapes. In large part, this depends on how the statutes or courts have interpreted the issue of whether electronic supervision constitutes being in custody as well as the intended purpose of the supervision and at what point it occurs in the justice system.

Long maintained he had tripped and fallen, damaged the unit, and had attempted to fix it. The appellate court overturned Long’s revocation on the basis of due process violations. The State had charged him with tampering, while the misdeed in question was attempting to fix the transmitter. The court found that being notified of the wrong charge was the same as not being notified at all. Being notified of the wrong charge compromised the defendant’s ability to prepare his defense (Mr. Fix-It . , 2000).

2d 619 (Wash. Ct. App. 1996) (Skelton, 1999b). Post-Adjudication Some post-adjudication cases regarding credit time rest upon whether a person could be charged with escape from custody. For example, the Wyoming Supreme Court, in Kupec v. 2d 359, Wyo. 1992) said the defendant would not be charged with escape from a treatment program that included electronic monitoring, and thus, was not eligible for credit for time served in the program. The ruling, in part, states (Skelton, 1999b, p. 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.

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