Cynthia L. Rowe - Page 8

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          an exclusive list.  Prendergast v. Commissioner, supra at 480.              
          Rather, we found that the list is only a guide for distinguishing           
          temporary absences for necessitous reasons from more permanent              
          absences for nonnecessitous reasons.  Id.                                   
               Jail confinement after an arrest but before conviction is a            
          type of absence that is of a necessitous variety and also                   
          nonpermanent.  An individual confined in jail after being                   
          arrested has a unique, temporary status.  The criminal process              
          will continue through several stages, which may include charging,           
          possible plea bargaining, trial, conviction, sentencing, and                
          appeal, each of which will directly affect the individual’s                 
          status.  These subsequent stages of the criminal process after              
          arrest will determine whether the arrested person is ultimately             
          incarcerated or released.  We find that an individual confined in           
          jail after an arrest but before conviction is necessarily, but              
          nonpermanently, absent from his or her home.  Such an individual            
          generally intends to return home, just as an individual in                  
          military service or afflicted by illness intends to return home             
          once he or she is able.  Thus, the necessary, nonpermanent                  
          absence of jail confinement is similar to those examples listed             

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