Credit for the Time Spent Outside Prison for a Prisoner Who Was Release a by Mistake
In Commonwealth v. Kriston, 527 Pa. 90, 588 A.2d 898 (1991), prison authorities erroneously released a prisoner to serve a sentence of imprisonment on electronic home monitoring.
The prisoner applied for parole at the expiration of his minimum sentence, but he was denied credit towards his minimum sentence for the time he spent on electronic home monitoring.
The prisoner appealed.
Our supreme court stated that "a prisoner has a right to serve his sentence continuously rather than in installments, and . . . inasmuch as the erroneous release was attributable to prison authorities rather than to any wrongdoing by the prisoner, the prisoner was entitled to credit for the time in question." Id. at 97, 588 A.2d at 901.