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-   -   Sentenced...Does time start when sentenced or when he gets to prison? (http://www.prisontalk.com/forums/showthread.php?t=714706)

LifeWithJay 10-25-2018 08:57 AM

Sentenced...Does time start when sentenced or when he gets to prison?
 
When they get sentenced when does it actually start counting? My bf got 7 yrs in state but does that start counting as soon as hes sentenced or until he actually gets to the prison?

patchouli 10-25-2018 09:30 AM

The clock starts ticking at sentencing. Also, he should get some jail credit for the time he was locked up waiting to get through the court process (if they were new charges, not a revocation).

TASSSSH 11-05-2018 09:15 PM

Quote:

Originally Posted by LifeWithJay (Post 7749967)
When they get sentenced when does it actually start counting? My bf got 7 yrs in state but does that start counting as soon as hes sentenced or until he actually gets to the prison?

He should get some time served from county but basically yes time starts once he hits reception and gets processed

patchouli 11-06-2018 08:25 AM

Quote:

Originally Posted by TASSSSH (Post 7751431)
He should get some time served from county but basically yes time starts once he hits reception and gets processed

Credit for time served in jail is pre-sentencing. Anything after sentencing, from sentencing forward, is applied to his sentence.

missingdee 05-01-2019 12:39 PM

Quote:

Originally Posted by patchouli (Post 7751463)
Credit for time served in jail is pre-sentencing. Anything after sentencing, from sentencing forward, is applied to his sentence.


Granted, this is an older thread, but for California sentencing law I feel like I kind of need to clarify how we work out here.


Your time starts to run the day you're arrested. If you aren't bailed out, all that time counts. (Time on bail does not count toward your sentence, but any time served between being arrested and being bailed out does, so if it takes 7 days to get bail, you'll get credit for those 7 days, plus any behavioral credits you're entitled to, so on a 50% case, 7 days actual time served, 7 days behavioral credit/half time, 14 days total.)


When you get sentenced, the judge will calculate the amount of time you've served to that point. Additionally, since it's very rare that you get transported from court straight to the state prison in California (even Death Penalty cases have to wait, though they get a special transport separate from the main inmate population, at least they did while Dee was in, I learned this because the Manling Williams case was resolved around the time she was transported and Manling was transported two days after the other girls were that week, and normally there is only one transport a week...basically they took Dee on a Tuesday and Manling went to Death Row on Thursday....I digress...)....back to topic.....on top of the pre-sentence credit, which is applied to the time, any time you spend in County Jail post-sentencing is generally calculated at the same credit level that you received for your pre-sentencing credit. So if you get 5 years, credit for 180 days actual, 180 days behavior, total of 360.....then you serve 14 more days in County Jail actual time (28 total with 14 behavior,) you'll show up at State Prison with a sentence of 5 years, minus 360 days pre-sentence credit, minus 14 actual+14 behavior=28 total to serve.


Those credits, by the way, CANNOT be taken away from you in California. Even if you max out your sentence. Any disciplinary issues in State Prison apply only to state prison time. So if you "max out," it's on the time remaining on your sentence after arrival at state prison. So your actual prison sentence is the time sentenced, minus the time served in county jail. In the case I described above, it's 5 years minus 388 days (so a little under 4 years of sentenced time, then you get your credits...the formula gets complicated.)


The point? If you get sentenced to 5 years at half time, you'll serve 2 1/2 if you don't have any disciplinary issues. HOW the time breaks down is more complex, but that's the simplified form of it. But time starts running on the day of arrest and includes all days spent in County Jail and credits from that time.

patchouli 05-01-2019 02:13 PM

Quote:

Originally Posted by missingdee (Post 7774285)
Granted, this is an older thread, but for California sentencing law I feel like I kind of need to clarify how we work out here.

Your time starts to run the day you're arrested. But time starts running on the day of arrest and includes all days spent in County Jail and credits from that time.


Yep, I didn't get into the nitty gritty details (transport, % to serve, etc), but basically that's what I said :) That's right: time out of jail on bail/bond doesn't count; time out of jail on house arrest/HIP doesn't count; time spent in jail waiting for revocation does not count; On parole, time absconding does not count The following I'm a tad confused on: Your time starts to run the day you're arrested. :hmm: Ya'll count from the get-go? What if charges are dismissed, or you're found innocent? Here the number of days given for jail credit are included in the sentencing process and written in the sentencing papers rather than keeping track up front from arrest going forward. Either the PO (if sentenced to probation) or the Class D Coordinator at the jail submit the number of days from arrest to sentencing to the Judge for inclusion at the sentencing hearing.

missingdee 05-01-2019 02:44 PM

Quote:

Originally Posted by patchouli (Post 7774300)
Yep, I didn't get into the nitty gritty details (transport, % to serve, etc), but basically that's what I said :) That's right: time out of jail on bail/bond doesn't count; time out of jail on house arrest/HIP doesn't count; time spent in jail waiting for revocation does not count; On parole, time absconding does not count The following I'm a tad confused on: Your time starts to run the day you're arrested. :hmm: Ya'll count from the get-go? What if charges are dismissed, or you're found innocent? Here the number of days given for jail credit are included in the sentencing process and written in the sentencing papers rather than keeping track up front from arrest going forward. Either the PO (if sentenced to probation) or the Class D Coordinator at the jail submit the number of days from arrest to sentencing to the Judge for inclusion at the sentencing hearing.

For credit purposes, that’s when it starts to run. Clock stops if you bail out. Reason on that being that so many sentences fall under AB 109 now that people serve the time in County Jail instead of State Prison.

If you’re not found guilty....welp.....everybody’s time got wasted, especially yours. (Would be nice if they let you apply those to a future sentence if anything else ever came up, huh?)


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