People v. Donahue

Defendant pled guilty to two counts of possessing child pornography and was sentenced to six years in prison followed by three years of mandatory supervised release. Defendant argued on appeal that he was entitled to 461 days of credit towards his sentence for time spent in pretrial home electronic monitoring. The appellate court affirmed, finding that defendant’s placement on home supervision, which limited his movements to his home and workplace, did not meet the definitions of custody or home detention, both prerequisites to receiving sentencing credit for time spent on pretrial release. (BOIE and CATES, concurring)