Commonwealth v. Nicely
326 S.W.3d 441
Ky.2010Background
- Appellee Jarrod L. Nicely was sentenced to five years for trafficking and twelve months for marijuana, with sentences concurrent.
- Probation was imposed with conditions including Drug Court participation; the drug court docket was used to monitor probation.
- Nicely repeatedly violated drug court rules, resulting in jail sanctions administered under drug court supervision.
- The trial court exited Nicely from drug court and set a probation revocation hearing, with probation and parole calculating pre-imprisonment credit.
- Probation officer reported 301 days of jail-time credit; the trial court denied credit for drug court sanctions, treating them as contempt rather than probation violations.
- Court of Appeals held sanctions could be counted as custody credit only if treated as probation violations with due process considerations; Kentucky Supreme Court granted discretionary review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether drug court jail sanctions count as custody credit. | Nicely seeks full 301-day credit under KRS 532.120(3). | Drug court sanctions are contempt-based or probation-violation sanctions, not time served. | Yes; credits apply to drug court sanctions as custody credit. |
| Can an adult probationer be held in contempt for probation violations? | Contempt would be improper; due process not met. | Contempt could be used where warranted. | Contempt is not appropriate for drug court sanctions; probation modification/revocation applies. |
| Are drug court sanctions part of a modification of probation or a contempt/imprisonment sanction? | Sanctions are modifications shaping sentencing credit. | Sanctions are contempt or independent punishment. | Sanctions are modifications of probation, not contempt; credit observed under KRS 532.120(3). |
| What constitutes the time “commencement” of a sentence for credit purposes? | Time served during drug court should count toward imprisonment. | Credit should not apply to drug court sanctions. | Commencement occurs when imprisoned; time prior to commencement counts toward maximum term. |
Key Cases Cited
- A.W. v. Commonwealth, 163 S.W.3d 4 (Ky. 2005) (dissent regarding adult contempt for probation violations)
- Alaska v. Alfred, 758 P.2d 130 (Alaska Ct.App. 1988) (probation violations not contempt when fairness demands probation hearing)
- Jones v. United States, 560 A.2d 513 (D.C. 1989) (probation violation consequences not additional punishment)
- Williams v. State, D. Md. 528 A.2d 507 (Md. App. 1987) (contempt not an extra remedy in probation setting)
- State v. Williams, 234 N.J. Super. 84, 560 A.2d 100 (N.J. App. Div. 1989) (contempt principles in probation context)