NCJ Number
44390
Journal
Albany Law Review Volume: 41 Issue: 4 Dated: (1977) Pages: 733-757
Date Published
1977
Length
25 pages
Annotation
PROBLEMS IN IMPLEMENTING THE JAIL TIME CREDIT PRINCIPLE ARE DISCUSSED, AND PROPOSED LEGISLATION INTENDED TO MAKE COMPUTATION AND APPLICATION OF THE CREDIT MORE CONSISTENT IS EXAMINED.
Abstract
UNDER THE JAIL TIME CREDIT PRACTICE, PRISONERS MAY RECEIVE CREDIT AGAINST A SENTENCE OF IMPRISONMENT FOR TIME SPENT IN CUSTODY DURING THE PENDENCY OF A CHARGE THAT CULMINATES IN A PRISON SENTENCE. IN SIMPLE SITUATIONS INVOLVING ONE ARREST, ONE PERIOD OF PRESENTENCE CUSTODY, AND ONE SENTENCE, CALCULATION AND APPLICATION OF THE CREDIT PRESENT FEW PROBLEMS. HOWEVER, WHEN CONFRONTED WITH MULTIPLE ACCUSATORY INSTRUMENTS AND MULTIPLE SENTENCES, OFTEN ARISING IN MORE THAN ONE COUNTY, JUDGES AND CORRECTIONAL FACILITY ADMINISTRATORS HAVE BEEN INCONSISTENT IN THEIR APPLICATION OF THE VAGUE STATUTORY FORMULATE FOR COMPUTING AND APPLYING JAIL TIME CREDIT. UNINFORMED OR MISINFORMED DEFENSE ATTORNEYS, PROSECUTORS, AND SENTENCING COURTS AGGRAVATE THE PROBLEM OF INCONSISTENCY. LEGISLATION HAS BEEN SUBMITTED TO THE NEW YORK STATE LEGISLATURE TO CREATE A UNIFORM PROCEDURE FOR CALCULATING AND APPLYING PRESENTENCE CREDIT. THE MANNER IN WHICH THE PROPOSED LEGISLATION DEALS WITH RESOLUTION OF PRESENTENCE ISSUES PRIOR TO SENTENCING, CONSTRUCTIVE CUSTODY, APPLICATION OF EQUAL AMOUNTS OF JAIL TIME TO CONCURRENT SENTENCES, PREVIOUSLY IMPOSED SENTENCES, SUPPLEMENTAL PRESENTENCE CREDIT, AND OTHER ISSUES SURROUNDING JAIL TIME CREDIT PRACTICES IS EXPLAINED. A COPY OF THE PROPOSED LEGISLATION IS PROVIDED. (AUTHOR ABSTRACT MODIFIED).