NCJ Number
51097
Journal
Criminal Law Bulletin Volume: 14 Issue: 5 Dated: (SEPTEMBER/OCTOBER 1978) Pages: 437-440
Date Published
1978
Length
4 pages
Annotation
THE PROBLEMS OF MISCALCULATION OF JAIL TIME CREDITS, AND ITS RAMIFICATIONS ARE ADDRESSED WITH SUGGESTIONS FOR IMPROVING THE SITUATION.
Abstract
JAIL TIME, WHICH IS USUALLY CALCULATED BY A LOCAL CLERK AND RECORDED IN CERTIFICATE FORM, IS THE CREDIT FOR THE AMOUNT OF TIME A PRISONER IS INCARCERATED IN A LOCAL JAIL BEFORE SERVING A SENTENCE IN A STATE PRISON. THE PROCEDURE CAN BECOME COMPLEX WHEN IT INVOLVES MULTIPLE CHARGES AND SENTENCES OF IMPRISONMENT. STATUTES AND CASE LAWS ON THE SUBJECT ARE OFTEN VAGUE, CONFUSING, AND ILLOGICAL. MISCALCULATIONS IN JAIL TIME CREDIT CAN HAVE A SIGNIFICANT IMPACT ON PRISONERS AND THEIR FAMILIES, AS WELL AS THE ENTIRE CRIMINAL JUSTICE SYSTEM. IT IS PRESUMED BY STATE CORRECTIONS DEPARTMENTS THAT THEY ARE NEITHER OBLIGATED NOR AUTHORIZED TO ADJUST SPECIFIED CREDITS IN AN INMATES COMMITMENT. LOCAL AUTHORITIES CONTEND THAT THEY DO NOT HAVE THE RESPONSIBILITY OR AUTHORITY TO CALCULATE JAIL TIME EARNED IN ANOTHER JURISDICTION. IN THE NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES AN INMATE WHO DID NOT RECEIVE FULL JAIL TERM CREDIT MUST ASSUME PERSONAL RESPONSIBILITY FOR RESOLVING THE SITUATION. IT IS SUGGESTED THAT LOCAL AUTHORITIES BE REQUIRED TO FURNISH PRESENTENCE CREDIT INFORMATION TO ALL PARTIES BEFORE SENTENCING TO INSURE A MORE INTELLIGENT DECISION AT THE CRITICAL STAGE. IT IS CONCLUDED THAT SINCE JAIL TIME CREDIT DOES NOT APPLY TO THOSE ACQUITTED, IT IS A DISADVANTAGE FOR THEM, AND AN ADVANTAGE FOR THE CONVICTED, AND A POWERFUL LEVER AGAINST THE ACCUSED. FOOTNOTES ARE PROVIDED.