Wednesday, December 8, 2010

Featured Case - Nicely v. Commonwealth - Jail Credit for incarceration for drug court sanctions.

Commonwealth of Kentucky v. Jarrod L. Nicely

2009-SC-000313-DG         November 18, 2010



and from the case

Because drug court is a treatment program, monitored and enforced by
the court, that is frequently used as the primary condition of probation with
addicted defendants, the trial court has the authority to modify a defendant's
probation rather than revoking him for program violations. This modification
may include requiring the defendant to serve days in jail. Participating
defendants in drug court specifically agree to the program, and are made aware
before entering that they may be subject to such sanctions . Days served as
modifications of probation are days served before the commencement of
imprisonment, and are thus treated as time spent in custody pursuant to KRS
532.120(3) . Consequently, the Appellee is entitled to custody credit against the
maximum term of his sentence on the underlying offense for all the days he
served as drug court sanctions.