Bard v. CommonwealthAnnotate this Case
Appellant Peter Bard was charged with murder but was determined to be incompetent to stand trial. Appellant was involuntarily institutionalized for treatment for a total of 1,449 days while he was charged. After he had regained competency, Appellant was found guilty but mentally ill of first-degree manslaughter. The circuit court imposed a twenty-year sentence after addressing Appellant's presentencing custody credit, which was calculated at 3,086 days. Six years later, Appellant was released from custody but reincarcerated after the Department of Corrections (Department) discovered the alleged error in the calculation of Appellant's custody credit and concluded that Appellant should not have been discharged. The circuit court judge then approved and signed an amended time credit sheet prepared by the Department that reduced Appellant's presentencing custody credit to 1,449 days. Appellant filed a motion requesting that the trial court deem the judgment against him satisfied. The court denied the motion, finding that the Department had the authority to modify Appellant's presentencing custody credit. The Supreme Court reversed, holding that the Department lacked the authority to modify the amount of presentencing custody credit awarded to Appellant in the trial court's sentence because the alleged error in this case was judicial.