TITLE 19

CRIMINAL PROCEDURE

CHAPTER 42

HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT

19-4214.  Relief available for miscalculation of sentence. (1) If, upon findings of fact and conclusions of law, a court finds that an in-state prisoner’s sentence has been miscalculated, the court may order the sentence to be recalculated consistent with the court’s findings and conclusions.

(2)  The court may order the prisoner released under this section only if the prisoner would be entitled to release due to expiration of his sentence correctly calculated.

History:

[19-4214, added 1999, ch. 376, sec. 2, p. 1032; am. 2000, ch. 271, sec. 8, p. 783.]