Robb, J.
A panel of this court found a similar argument persuasive in House v. State, 901 N.E.2d 598 (Ind. Ct. App. 2009). In 2007, House was a drug court participant in Madison County. He was imprisoned and put on work release for various violations of the drug court agreement. Once his participation in the program was terminated for violating rules, he argued for credit time under Indiana Code section 35-50-6-3(a). This court held that “[g]iven the requirements of drug court and the punishment imposed for violating those requirements, we find participating in a drug court analogous to being on probation for purposes of receiving credit time under Indiana Code section 35-50-6-3.” Id. at 601.
In 2010, after House was decided, our legislature revised the code provisions relating to problem solving courts. Instead of drug courts being organized under Title 12 relating to human services and addiction services, now all problem solving courts, including drug courts, are established and structured by the provisions in Indiana Code chapter 33-23-16 entitled “Problem Solving Courts.”
After the change in the statute, a different panel of this court decided Meadows v. State, 2 N.E.3d 788 (Ind. Ct. App. 2014). Meadows challenged the trial court’s denial of his request for credit time for time he spent on electronic monitoring as part of a drug court program. Meadows admitted to violating the conditions of his drug court agreement, but argued the time he spent on electronic monitoring should count against his imposed sentence. This court reasoned that statutes governing electronic monitoring as a condition of probation were inapplicable to a person who voluntarily participated in a drug court program. Id. at 792. Further, credit time statutes that apply to persons convicted or sentenced were inapplicable since Meadows was neither convicted of a crime nor sentenced at the time he participated in electronic monitoring. Id. Ultimately, this court decided it was within the trial court’s discretion to award or deny credit time spent on electronic monitoring while participating in a deferral program. Id. at 794.
We find the reasoning in Meadows persuasive. [Footnote omitted.] A participant in drug court is not awaiting trial or awaiting sentencing under Indiana Code section 35-50-6-3. Though Perry expresses concern this court is creating a new, third category of offenders that is not contemplated by the credit time statute, we disagree. It is well-established that there are others who fall outside the purview of the credit time statute: a person on pretrial home detention or electronic monitoring. [Footnote omitted.] This category of alleged offenders is not included in the credit time statute, and the distinction has been found permissible, even in the face of constitutional challenges. . . . .
RILEY, J., and BRADFORD, J., concur.