Bard v. Commonwealth

Opinion of the Court by

Justice SCOTT.

This case presents the question of whether the Department of Corrections can correct an alleged error in the calculation of a presentencing custody credit after the calculation is incorporated into the court’s final judgment. Here, the Jefferson Circuit Court found that the Department of Corrections had the authority to modify the defendant’s presentencing custody credit six years after it was originally established. The Court of Appeals affirmed. We granted discretionary review and, because the Department of Corrections could not correct the alleged…