SENTENCING CREDIT REVISION AS A BAR PRIORITY

• NCJ Number: 40292
• Author(s): ANON
• Date Published: 1974
• Length: 8 pages
• Corporate Author: American Bar Assoc.
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

SENTENCING CREDIT REVISION (COVERING INSTITUTIONAL TIME OR PRETRIAL DETENTION, STREET TIME BEFORE PAROLE OR PROBATION REVOCATION, AND GOOD TIME) IS ADVOCATED AS A NECESSARY AND ACHIEVABLE CHANGE FOR REFORM-MINDED GROUPS.

Abstract

INSTITUTIONAL TIME REFERS TO THE FACT THAT SENTENCE CREDIT IS FREQUENTLY NOT GIVEN FOR TIME SPENT IN PRETRIAL DETENTION. AS TO STREET TIME, MANY JURISDICTIONS DO NOT GIVE CREDIT FOR TIME SPENT IN THE COMMUNITY UNDER SUPERVISION PRIOR TO REVOCATION, OFTEN RESULTING IN A LONGER DE FACTO SENTENCE THAN PRESCRIBED BY THE SENTENCING COURT. PROBLEMS WITH GOOD TIME INVOLVE FORFEITURE AND THE MANNER IN WHICH THE CREDIT IS APPLIED, I.E., ON THE MINIMUM, MAXIMUM, OR BOTH. TWO TABLES ARE PRESENTED. ONE LISTS STATES NOT CURRENTLY GRANTING FULL SENTENCE CREDIT FOR INSTITUTIONAL TIME OR STREET TIME. THE OTHER PRESENTS INFORMATION, BY STATE, AS TO WHETHER DETERMINATE OR INDETERMINATE SENTENCING IS USED, AND WHETHER PRE-SENTENCE , POST-SENTENCE, AND GOOD TIME CREDIT SCHEMES ARE USED....PLO