State v. Gulbranson, 316 Mont. 163

Summary

The Supreme Court of Montana considered whether the district court abused its discretion by refusing to credit a defendant's sentences for time spent released on bond subject to an informal house-arrest condition. The court held that the period did not constitute incarceration or statutory home arrest and that the district court acted within its discretion in denying credit for that time.

Holdings

1. Time spent released on bond, even subject to restrictions on liberty, was not incarceration within the meaning of section 46-18-403(1), MCA, and therefore that statute did not require sentence credit for the period.
2. The informal house arrest imposed as a condition of release on bond was not statutory home arrest under Title 46, chapter 18, part 10, and therefore section 46-18-203(7)(b), MCA, did not require credit for that time.
3. The District Court did not abuse its discretion by denying credit for the period Gulbranson was released on bond under informal house arrest.

Questions Presented

1. Whether the time Gulbranson spent released on bond subject to an informal house-arrest condition constituted incarceration requiring credit under section 46-18-403(1), MCA.
2. Whether the informal house arrest imposed as a condition of pre-revocation bond constituted statutory home arrest requiring credit under section 46-18-203(7)(b), MCA.
3. Whether the District Court abused its discretion by denying credit for the period Gulbranson was released on bond.

Disposition

affirmed