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Ohio Probation Violator Entitled to Credit for Time Served in Halfway House

The Ohio Court of Appeals held that after a convicted prison guard violated his probation, he was nonetheless entitled to credit for time served earlier in a halfway house, since it amounted to "confinement."

Guard Richard Holda was indicted on June 10, 1999 by the Richland County Grand Jury on eleven counts of sexual battery stemming from sexual relations with a prisoner. On October 26, 1999, Holda pled guilty to six counts of attempted sexual battery; the other charges were dismissed.
Holda was sentenced on December 7, 1999 to six years in state prison, which was amended on March 1, 2001 when the trial court granted him judicial release with community probation at a sex offender halfway house for five years. On June 27, 2002, his probation officer recommended revocation, after which Holda was resentenced on August 18, 2003 to his original prison term.

On March 22, 2006, Holda filed a motion seeking credit for time served in the halfway house, and while he was in jail during the revocation proceedings. The trial court denied the motion and Holda appealed. The appellate court agreed that Holda was entitled to the halfway house time credits under R.C. 2967.191, which provides for such credits whenever a prisoner is "confined." Although Ohio officials argued that the halfway house did not qualify, the court noted that unapproved departure from such a facility could be charged as "escape," and further noted that as an "alarmed, locked down facility, with hourly head count and guarded movement," it plainly constituted confinement as contemplated in R.C. 2967.191.

As to credit for time served during revocation proceedings, the state conceded that Holda was so entitled. Accordingly, the appellate court reversed the Common Court of Pleas and remanded for restoration of credits. See: State v. Holda, Case No. 2006CA0039, Ohio Court of Appeals (5th District) (unpublished); 2006 WL 2474354.

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Related legal case

State v. Holda