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Pantherbill17 · #1 02-22-2009, 07:37 PM

My girlfriend was sentenced to 22-28 months with credit for 118 days jail time. My question is: Can she get down to 22 months and have the jail credit come off of that or does the jail credit come off the "top" of her sentence?

2021 · #2 02-23-2009, 08:07 PM

It comes off the maximum time. One cannot go below the minimum time.

IthinkNOT! · #3 03-17-2009, 04:51 PM

Actually jail credit can come off of the minimum sentence because it is time that has already been served.

2021 · #4 03-17-2009, 09:51 PM

From the Family and Friends Handbook:
http://www.doc.state.nc.us/Publicati...07handbook.pdf page 59

"An offender whose crime was committed on or after October 1, 1994, will be sentenced under the Structured Sentencing Act. Each felon will receive a minimum sentence and a maximum sentence. By law, the offender will serve 100 percent of the minimum sentence. The offender will have a maximum release date and a minimum release date and cannot be released before the minimum release date. Persons who are sentenced to a life sentence under this law will not have a release date and will not be eligible for parole. Those offenders serving sentences for Driving While Impaired (DWI), Driving While Impaired in a Commercial Vehicle, and/or Failure to Comply with Control Conditions by Persons with Communicable Diseases where the offense occurred on or after October 1, 1994, are not subject to the provisions of the Structured Sentencing Act."