View Full Version : credit for jail time


iloveray
01-26-2009, 06:24 PM
My husband was arrested on 6/25 for his probation revocation and sentenced on 7/16. They started his credit for sentence on 7/16. Is there a way for me to get them to give him credit for the 3 weeks (6/25-7/16) he served b/f being sentenced. It seems only fair since he did serve that time just as much as he served afterwards. I know it's not much but I want him home just as soon as possible.

Mark2008
01-26-2009, 11:41 PM
This is within your rights IF he had no OTHER CHARGES against him. In other words, can you say "If not for this probation violation, he would be a free man on those dates?" If so, you can petition the state to credit him for those days in custody and they pretty much have to give him that.

It really doesn't matter how much time was involved. It's the principle. It's your RIGHT to get this credit.

I did this when I was locked up. Went to the prison law library and researched cases like that. The one I sited in my petition was "U.S. vs. Canada", named for defendant Roger Canada (not the nation). The court ruled Mr. Canada had to be given credit for EVERY DAY spent in custody, whether before hearing or after. There are probably other cases you could site as well. It is not statutory law, but case law (legal precedent). But, basically, YOU CAN'T KEEP A MAN LOCKED UP AND NOT GIVE HIM CREDIT TOWARD HIS SENTENCE. That would be "unlawful imprisonment". Now, where it gets complicated is when a person has more than one charge against them.

Most states have an agency that handles inmate legal matters. What I did was send them copies of all my papers, showing the exact dates I had been locked up and where I was held at (county, state, etc.) and the court case I had researched. I got back my "lost" 42 days I had spent in county jail. Not much, but it mattered to me.

iloveray
01-27-2009, 05:14 AM
Who did you send this to?
I think I read you were supposed to get the credit in the new parole handbook the Southern Center for Human Rights has posted on its website and I have already sent an email to the clemency dept. and a letter to the Warden. I also have some numbers for the hearing examiners I will call today when I get to work.
At this point w/him down to 168 days taking 21 more off would really make a difference!!!!!!

Mark2008
01-27-2009, 06:09 AM
Contact the state classification office. Central office, not that one unit. It might work slightly differently in Georgia, but they can at least point you in the right direction.

Do yourself a favor and have ALL the dates mapped out: date in, location, date out, number of days. Then both you and they can add it up. This makes it REAL easy to verify. All they gotta do is call the county and ask "Was John Doe there on these dates and for what charges?" If you have your info straight, it should be easy.

iloveray
01-27-2009, 07:03 AM
Haven't ever heard of the state classificaton office, what is that?
I know the exact dates! It will be real simple.

iloveray
01-27-2009, 07:11 AM
Just got off the phone w/the prison. The warden turned it over to the chief counselor and she has put in a request for an answer to whoever she thinks would know so we're waiting on a response. If I'm lucky they will take care of it for me--I'll be surprised, however, if it's that simple but you never know. I think we're due for some good news.
In the meantime, could you give me more information on this state classification office please. Thanks!

iloveray
01-27-2009, 07:22 AM
I went ahead and called a hearing examiner too and she directed me to the computation department-says this is who would make the changes. There I got a voice mail and left a message.

iloveray
01-27-2009, 08:18 AM
Isn't this what I am looking for?

Persons convicted of a crime in Georgia must be given full credit for each day spent in confinement awaiting trial. The credit is applied toward the convicted person’s sentence. This rule applies only to persons who would not be confined but for the charges which give rise to the sentence for which credit is sought. Here is the text of the statute:
O.C.G.A. 17-10-11: Credit for time spent awaiting trial or resulting from court order applied to sentence and parole.
(a) Each person convicted of a crime in this state shall be given full credit for each day spent in confinement awaiting trial and for each day spent in confinement, in connection with and resulting from a court order entered in the criminal proceedings for which sentence was imposed, in any institution or facility for treatment or examination of a physical or mental disability. The credit or credits shall be applied toward the convicted person’s sentence and shall also be considered by parole authorities in determining the eligibility of the person for parole.(b) This Code section applies to sentences for all crimes, whether classified as violations, misdemeanors, or felonies, and to all courts having criminal jurisdiction located within the boundaries of this state, except juvenile courts.

jeanniec1
01-27-2009, 04:56 PM
Does anyone know if the BOP gives credit for time served for 24 hour house arrest? My son was convicted of conspiracy charges. He spent 6 months locked up and then they let him out for 13 months on house arrest. He was only allowed to leave the house for weekly drug tests. He says that someone locked up with him now told him that sometimes they do give you credit for house arrest. His attorney told me that they don't. Can anyone answer this question? Thanks

Mark2008
01-28-2009, 05:05 AM
Yep, I loveray, that is EXACTLY what you are looking for. All there in black and white. Right out of the penal code. Good on you to find that!!

Sounds like the computation office is more or less the same as classification was in Texas: the people who keep track of time served and time remaining.

Mark2008
01-28-2009, 05:07 AM
Does anyone know if the BOP gives credit for time served for 24 hour house arrest? My son was convicted of conspiracy charges. He spent 6 months locked up and then they let him out for 13 months on house arrest. He was only allowed to leave the house for weekly drug tests. He says that someone locked up with him now told him that sometimes they do give you credit for house arrest. His attorney told me that they don't. Can anyone answer this question? Thanks

I have never heard of time credit being given for time spent on house arrest or electronic monitoring. If that was the case, you would have to allow it across the board and that would affect a whole bunch of people.

As I stated on another thread, that is one reason why I personally would not accept it and would not encourage others to do so: you're not really free, nor are you getting credit for the time. About the only exception I could see is if you had some home-based business or had an urgent need to handle some matter before trial and sentencing.

iloveray
01-28-2009, 07:15 AM
This case definately contradicts what I thought or hoped O.C.G.A. 17-10-11 said. But the code they state here, Code Ann. 27-2530, is a different one. Can anyone help me on this? I really do not agree with the ruling in this case b/c if someone (like my husband) is given a sentence of probation and during that time, it is ordered b/c of a violation, part of the sentence is modified or revoked for a certain amount of time, the time spent prior to the hearing is served in the modified or revoked state--not on probation as the original terms were. So, it doesn't make sense for them not to get credit on the revoked time for the time spent in that state prior to the actual hearing/sentencing. This is a pretty old case (1981) so I hope someone can help me find something newer that is different and explain to me the difference between O.C.G.A. 17-10-11 and Code Ann. 27-2530.


276 S.E.2d 75

157 Ga.App. 13

DICKEY
v.
The STATE.

No. 60569.

Court of Appeals of Georgia.

Jan. 7, 1981.

Code Ann. 27-2530 provides: "Each criminal defendant convicted of a crime in this State shall be given full credit for each day spent in confinement awaiting trial and for each day spent in confinement in connection with and resulting from an order entered in the criminal proceedings for which sentence was imposed, in any institution or facility for treatment or examination of a physical or mental disability; such credit or credits shall be applied towards the convicted defendant's sentence and shall also be considered by parole authorities in determining the eligibility for parole." "(T)he statute clearly contemplates allowing for credit only for time served during the course of the proceedings for which the sentence was received." Tucker v. Stynchcombe, 239 Ga. 356, 357, 236 S.E.2d 623 (1977) (https://www.fastcase.com/Pages/Document.aspx?LTID=qw9eu1dCpqOCxdJtBYhl3Naxr%2fSmd KJsjtaEBG2zaUz4SBxv%2b2r8cO3HZZBmzoiG6rZF7QKzUtKpg wCXrWWK%2frb%2bAubjBiP1U%2bJwcOu%2bpeiDeWRV%2bVrIG 8eXRSQqxkvz&ECF=Tucker+v.+Stynchcombe%2c+239+Ga.+356%2c+357%2c +236+S.E.2d+623+(1977)). The only "sentence" appellant has received is the ten-year sentence originally imposed in 1976 providing for two years to serve and eight years on probation. Under Code Ann. 27-2713 the only issue in appellant's probation revocation hearing was merely whether or not he was in violation of the conditions of that probated sentence and whether or not the probationary aspects of that sentence should be revoked, modified or continued. Since appellant was determined to be in violation of his probation, the effect of the action of the trial [157 Ga.App. 15] judge in revoking probation for three years was, under Code Ann. 27-2713 and the circumstances of this case, merely to order that a portion of appellant's originally imposed sentence be served in confinement. The probation revocation proceedings did not result in appellant receiving a three-year sentence. It merely resulted in a determination that the probationary aspects of his original sentence should be revoked for three years. The order of revocation was, therefore, not a "sentence" and any time appellant served in jail pending final disposition of the probation revocation proceedings was not served "during the course of the proceedings for which the sentence was received." In short, periods of incarceration pending final disposition of a probation revocation proceeding are not contemplated or covered by Code Ann. 27-2530 and cannot be used as "credits" toward the period of incarceration which ultimately results from the trial court's determination that a violation has occurred and that the original sentence, or some part thereof, should be served in prison.
However, our holding does not leave probationers without protection. As we have held, a probationer imprisoned and awaiting final determination of whether he violated probation and what part of his original sentence should be executed is not serving that part of his sentence which is subsequently ordered executed when a violation is found. It follows, therefore, that during this period the probationer is continuing to serve the probated part of his sentence prior to final disposition of the revocation petition. Thus, such periods do not suspend the running of the original sentence received and the probationer is entitled to assert that those periods pending a determination of probation revocation are, in effect, served "under probation" and "shall be considered as time served and shall be deducted from and considered a part of the time he was originally sentenced to serve." Code Ann. 27-2713. Since the
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JudyBohannon
08-13-2009, 03:19 PM
Any one know of this new bill that was passed? Wondering if someone spends 3 weeks in county jail waiting to be sent to a probation detention center, and then goes to a PDC, do they get credit for the 3 weeks served in county jail towards their PDC time?

robby340
08-13-2009, 03:35 PM
Any one know of this new bill that was passed?

What bill?


Wondering if someone spends 3 weeks in county jail waiting to be sent to a probation detention center, and then goes to a PDC, do they get credit for the 3 weeks served in county jail towards their PDC time?

Yes read above, the time served in county normally will apply towards sentence.

MzBlaque
08-13-2009, 03:35 PM
My husband was arrested on 6/25 for his probation revocation and sentenced on 7/16. They started his credit for sentence on 7/16. Is there a way for me to get them to give him credit for the 3 weeks (6/25-7/16) he served b/f being sentenced. It seems only fair since he did serve that time just as much as he served afterwards. I know it's not much but I want him home just as soon as possible.

I got my Honey's paperwork from the facility....he was locked up for 3 days on his charge and spent 7 days in the county before his probation revocation and on his paperwork he is getting credit for his...So look into that.....!!

5xnana
08-18-2009, 01:48 PM
what about house arrest ?

Paralegal USA
08-18-2009, 01:57 PM
Most jurisdictions do not grant jail time credit against a sentence of imprisonment for time served under house arrest.

ghostsbabygirl
08-18-2009, 10:06 PM
mine is getting credit for time served while he was awaiting sentencing but he lost the other days when he was out on bond. So he lost 18 days. The PD told us that he only gets credit up until sentencing while he was back in custody. When he bonded out on both cases-those days were squashed. That's in Oklahoma though and what we were both told. Same thing happened the last time he went to prison. He lost all the days he had when he was bonded out then.

Gryphon
08-19-2009, 11:36 AM
In CA, any lose of liberty counts as custody time; including house arrest, alternative sentencing programs, and court ordered residential rehab (absent a credit waiver as part of the sentence).

Most jurisdictions do not grant jail time credit against a sentence of imprisonment for time served under house arrest.

Paralegal USA
08-19-2009, 11:56 AM
In CA, any lose of liberty counts as custody time; including house arrest, alternative sentencing programs, and court ordered residential rehab (absent a credit waiver as part of the sentence).

Thank you. California criminal defendants are more fortunate in that regard than are defendants elsewhere.

joe14ryu
08-23-2009, 08:15 PM
In this situation, what would be your first steps to get this ?


In CA, any lose of liberty counts as custody time; including house arrest, alternative sentencing programs, and court ordered residential rehab (absent a credit waiver as part of the sentence).

Gryphon
08-24-2009, 11:54 PM
The 1st step is to ask the sentencing judge to award it at sentencing.

If a Judge didn't but should have, there'd need to be an amended sentence abstract.

If that didn't work, the fix would be a writ.

In this situation, what would be your first steps to get this ?

Gryphon
08-24-2009, 11:55 PM
I haven't researched this on a federal level, but the trend may be catching on by now.

Thank you. California criminal defendants are more fortunate in that regard than are defendants elsewhere.

Paralegal USA
08-25-2009, 09:43 AM
I haven't researched this on a federal level, but the trend may be catching on by now.

Neither have I ever researched the issue on a national level.

In several of the States I work with counsel in, "street time" credit is not given to a probationer or one subject to pretrial home confinement. For example, if a defendant spends 10 months on house arrest before trial or plea, and is eventually sentenced to 60 months probation, he/she gets no credit from either in the event of a sustained probation violation. In one case I was involved in several years back, a woman spent two days in jail between the time of her arrest and the posting of bail. She eventually pled to a reduced charge in exchange for a sentence of five years probation. After more than four years on probation, she violated. The judge revoked her probation and imposed a 4-year term of imprisonment. The only credit she was entitled by law of that State to receive against her 4-year incarceration term was the two days she spent in jail before posting bail.

Conversely, in that State, parole street time does count in the event of a sustained violation. There's a gimmick parole uses though to get around the credit requirements. The applicable law reads that the term of parole is interrupted upon the commitment of an act violating release conditions. Say then a parolee fails to make his or her initial report within 24 hours of release, it is that day that parole is deemed to have been violated - not the date on which the parole warrant for retaking is executed. I've seen cases where parole was alleged to have been violated on a certain date, and parole lets the parolee remain subject to supervision for months thereafter before executing the retaking warrant. Inthose cases the parolee gets shafted out of the time he/she spent subject to supervision after the date on which the violation was said to have occurred.

joe14ryu
08-28-2009, 10:53 PM
My father got served 22months. While in now serving his first 3 he was told by a few guys in there that the time he was on house arrest awaiting trail could count towards his sentence. He is in california federal system.

Thanks.

shastaz
08-31-2009, 12:39 PM
does anyone know about time served in iowa? my husband was in county for 3 months. and they aren't counting any of this time. he took a plea for 6 months should this 3 months be allowed to be counted. please help.

iloveray
09-25-2009, 08:54 AM
We were never able to get the credit so my husband was locked up 2 full years and 3 weeks for a technical probation violation when he never even had to serve any prison time originally! Ridiculous! But, at least it's over now!