COA affirms denial of credit for time spent at halfway house

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The Indiana Lawyer on August 1, 2017 by Olivia Covington

The Grant Superior Court did not err when it denied a man’s request for credit for time spent in a halfway house, as his placement at the house was not considered confinement or imprisonment, the Indiana Court of Appeals ruled.

In November 2012, Cody Hickman pleaded guilty to three counts of burglary and theft under one cause and admitted to a probation violation under another cause, in which he had pleaded guilty to theft and resisting law enforcement. He was sentenced to a mix of executed and suspended time on the new conviction and violation, including four years of supervised probation.

After being released from prison to serve his probation in January 2015, Hickman, through the Grant County reentry court program, lived at a halfway house called Grace House. He was required to keep a 10 p.m. to 6 a.m. curfew and to be at the halfway house unless he had signed out for work, group meetings or meeting with his probation officer.

However, Hickman’s probation officer later testified that eventually Hickman stopped working, but signed out of Grace House as if he were going to work. The state then petitioned to revoke Hickman’s participation in reentry court in both June and October 2016.