MARTEZ JOHNSON v. STATE OF MARYLAND
Court of Special Appeals, Nazarian, March 2, 2018,
Sentencing – A defendant held on an appeal bond can receive credit for time in home detention if failure to comply with his conditions of detention could would have been the crime of escape

(Conviction affirmed on direct by CoA in separate opinion two weeks earlier)

Facts:
While his appeal was pending (See Martaz Johnson v. State), Johnson was released on $25,000 bond and home detention subject to the court’s conditions.
These conditions included agreeing to be “confined” to his home and subject to twenty-four hour monitoring through a transmitter device. He agreed as well to permit Advantage Sentencing Alternative Programs Inc. (“ASAP”) to install a “home monitoring unit” in his home and to permit members of ASAP’s staff to enter his home at any time to install or inspect the equipment and to ensure his compliance with the rules, regulations, and conditions of the program; to submit to random drug urinalysis and breath alcohol testing; and to refrain from using alcoholic beverages and controlled or uncontrolled substances unless prescribed by a physician.
The Agreement also put Mr. Johnson on notice that violation of the listed conditions could be considered an escape for which he could be prosecuted
After the Court affirmed his convictions, Johnson filed a motion to release him from home detention and give him credit for the time that he “served.”
The trial court denied his motion, holding that he was not serving time during home detention.
Johnson appealed, arguing that because he could be convicted of escape for leaving home detention, he should receive credit for having stayed.

Held:
The Court of Special Appeals agreed. A defendant being held on home detention qualifies for credit for time served if violating that detention would have exposed him to criminal prosecution for escape.

Credit – A defendant who is convicted and sentenced shall receive credit for all time spent in the custody of a correctional facility, hospital, facility for persons with mental disorders, or other unit because of the charge for which the sentence is imposed

Credit – A defendant is in “custody” if he would be subject to prosecution for escape if he left.

Escape – A person who escapes from “a place identified in a home detention order or agreement” has committed the crime of 2nd-degree escape

Escape – Violation of Release Terms – A person who knowingly violates terms of release or home detention has also committed 2nd-degree escape

Credit – There is no difference between pre-conviction and post-conviction confinement with regard to credit for time served on home detention