246 N.E.3d 1271
Ind. Ct. App.2024Background
- James Harness was charged with possession of methamphetamine as a Level 5 felony and later released pretrial on home detention.
- Harness spent 245 days on pretrial home detention, during which he accumulated over $2,400 in unpaid home detention fees.
- The trial court counted only 45 days of accrued time and 15 days of good time credit towards his sentence due to his unpaid fees, rather than the full 245 days.
- Harness appealed, arguing he was eligible for credit for all days served on pretrial detention under the amended credit time statutes effective July 1, 2023.
- The State had not provided Harness written notice of any violation related to failure to pay fees, nor was a hearing held on such a violation.
- The Court of Appeals reversed the trial court, holding that deprivation of credit time required notice and a hearing, which did not occur here.
Issues
| Issue | Plaintiff’s Argument | Defendant’s Argument | Held |
|---|---|---|---|
| Whether deprivation of pretrial credit time for unpaid fees is proper without notice or hearing | Harness: Deprivation was improper without notice and hearing; entitled to full credit time | State: Did not provide written notice or seek formal deprivation on this ground | Court: Deprivation was improper; credit time must be restored |
| Which version of the credit time statutes applied | Harness: Amended statutes in effect at sentencing govern | State: Conceded amended statutes apply | Court: Amended statutes apply |
| Required procedures before credit time can be deprived | Harness: Statutory procedures (notice, hearing) not followed | State: Did not initiate procedures for deprivation | Court: Statutory procedures not followed; deprivation invalid |
| Waiver of State’s right to seek deprivation | Harness: State failed to pursue deprivation formally | State: Waived by failing to give notice or hearing | Court: State waived opportunity to seek deprivation |
Key Cases Cited
- Keene v. State, 202 N.E.3d 481 (Ind. Ct. App. 2023) (no discretion in awarding or denying credit)
- Glover v. State, 177 N.E.3d 884 (Ind. Ct. App. 2021) (credit time must be awarded according to law)
- Tumbleson v. State, 706 N.E.2d 217 (Ind. Ct. App. 1999) (deprivation of good time credit requires a hearing)
- Clark v. State, 958 N.E.2d 488 (Ind. Ct. App. 2011) (untimely probation violation allegation must be dismissed)