TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 3

NATURE AND EXTENT OF PUNISHMENT IN GENERAL

18-309.  Computation of term of imprisonment. (1) In computing the term of imprisonment, the person against whom the judgment was entered shall receive credit in the judgment for any period of incarceration prior to entry of judgment, if such incarceration was for the offense or an included offense for which the judgment was entered. The remainder of the term commences upon the pronouncement of sentence and if thereafter, during such term, the defendant by any legal means is temporarily released from such imprisonment and subsequently returned thereto, the time during which he was at large must not be computed as part of such term.

(2)  In computing the term of imprisonment when judgment has been withheld and is later entered or sentence has been suspended and is later imposed, the person against whom the judgment is entered or imposed shall receive credit in the judgment for any period of incarceration served as a condition of probation under the original withheld or suspended judgment.

History:

[18-309, added 1972, ch. 336, sec. 1, p. 858; am. 1972, ch. 381, sec. 7, p. 1102; am. 1975, ch. 201, sec. 1, p. 559; am. 1996, ch. 168, sec. 1, p. 553; am. 2015, ch. 99, sec. 1, p. 240.]