Tag Archives: Jail Credit

Judicial Sentencing Oversight: Inadvertent Deprivation of Lawful Jail Credit (13-07)

When sentencing a defendant to prison, if the Court: 1) fails to state the number of jail credit days, or 2) the Court states the number of jail credit days but directs the prison to “verify” jail credit, the DOC will determine or verify jail credit by implementing a policy that does NOT allow credit for any time served other than ‘straight time’ (that includes denying jail credit for ‘work release’) even though defendants are lawfully entitled to such credit.

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Pendleton13.07-Judicial_Sentencing_Oversight

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Jail Credit Calculation – New Supreme Court “Clarkin” Rule (12-07)

QUESTION: When The Court Imposes A Concurrent Sentence, Defendant Is Entitled To Jail Credit For All Time Spent In Custody In Connection With The Offense Being Sentenced Including Time Spent In Custody Related To Other Charges….BUT….How Do You Calculate The Starting Point For Jail Credit?

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Pendleton12.07-Jail_Credit_Calculation-New_Supreme_Court_Clarkin_Rule