Commonwealth v. Conahan

OPINION OF THE COURT

CAPPY, Justice.

The issue before this Court is whether the Superior Court erred in determining that the mandatory sentence for driving under the influence, 75 Pa.C.S. § 3731, precludes a credit for time served voluntarily in inpatient alcohol rehabilitation. We find that time served in such “institutionalized” rehabilitation is sufficient “custody” for purposes of crediting “time served” because it falls within the definition of “imprisonment.” Accordingly, since Conahan was sentenced initially to the mandatory minimum, it was thereafter within the discretion of the trial…