147 N.E.3d 374
Ind. Ct. App.2020Background:
- Alvarez was charged in Hamilton County with two counts of level 3 rape (Oct 2018); bond was set and later reduced to $50,000; Alvarez posted bond and was released in October 2018.
- Alvarez had an ICE/DHS immigration hold and was later taken into federal custody; the State obtained a writ of habeas corpus ad prosequendum to bring him from federal custody to Indiana for proceedings (Dec 2018–Jan 2019).
- After being transported to Indiana he was remanded to the Hamilton County Jail pursuant to the DHS hold while awaiting state proceedings and eventual plea negotiations.
- Alvarez pled guilty to a level 6 sexual battery (May 2019) and was sentenced to 2.5 years (June 2019).
- At sentencing he sought credit for time spent in the Hamilton County Jail after his January 2019 return; the trial court awarded only the pre-bond days (Oct 10–27, 2018) and denied credit for the post-transport period, finding custody then was by federal authorities.
- Alvarez filed a motion to correct error, was denied, and appealed contending the post-transport detention should count as pre-sentence credit against his Indiana sentence.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Alvarez is entitled to pre-sentence credit for time in Hamilton County Jail after being brought from federal custody under a writ ad prosequendum | Alvarez: time detained in Indiana after transport should count toward his Indiana sentence because he was physically confined in the county jail awaiting state proceedings | State: Alvarez had posted bond in the state case; post-transport detention was at the behest of federal authorities (ICE/DHS) and therefore not state pretrial confinement for which credit is due | Court affirmed: no credit for post-transport period because pretrial credit requires confinement resulting from the charged state offense; here custody was due to federal authority pursuant to the writ (Sweeney/Smith principles) |
Key Cases Cited
- Sweeney v. State, 704 N.E.2d 86 (Ind. 1998) (holding defendant brought from federal custody was not entitled to pretrial credit because confinement resulted from federal incarceration, not the state charge)
- Smith v. State, 330 N.E.2d 384 (Ind. Ct. App. 1975) (refusing pretrial credit where temporary custody was ‘‘with the permission and on behalf of federal officials’’ and incarceration stemmed from federal conviction)
- Cohen v. State, 560 N.E.2d 1246 (Ind. 1990) (articulating the two-part test for pretrial credit: confinement and that confinement resulted from the charged offense)