(1) (a) A defendant whose sentence was stayed pending appeal prior to July 1, 1972, but who was confined pending disposition of the appeal, is entitled to credit against the maximum and minimum terms of his sentence for the entire period of confinement served while the stay of execution was in effect.
(b) A defendant whose sentence is stayed pending appeal after July 1, 1972, but who is confined pending disposition of the appeal, is entitled to credit against the term of his sentence for the entire period of such confinement, and this is so even though the defendant could have elected to commence serving his sentence before disposition of his appeal.
(2) The sheriff or other officer having charge of the defendant during such confinement shall endorse the length of such confinement on the mittimus and deliver it to the prison authorities when the defendant is delivered for commitment.
(3) The credit shall be computed by the prison authorities to the date of commitment. The computation shall be made as soon as practicable and the credit automatically awarded. The defendant shall be advised of the credit as soon as it is computed.
Source: L. 72: R&RE, p. 249, § 1. C.R.S. 1963: § 39-11-307. L. 73: p. 507, § 1. L. 79: (1)(b) amended, p. 666, § 8, effective July 1.
ANNOTATION
Defendant who is released on an appeal bond under conditions that do not so limit the defendant's liberty as to constitute "confinement" is not entitled to credit against a sentence for the period spent pending disposition of an appeal. "Confinement" in this section is subject to the same interpretation as used in § 16-11-306. Thus, where the defendant was released on an appeal bond and, like an offender in community corrections on non-residential status, she was able to carry on a wide range of activities open to persons who have never been convicted of any crime, such as obtaining employment, going to school, and being with her family and friends, the defendant was not entitled to credit against her sentence for the time spent released on appeal bond. People v. Sloan, 3 P.3d 497 (Colo. App. 2000).