No inmate shall be discharged from the department until he has remained the full term for which he was sentenced, to be computed on and after the day on which he was received into the same and excluding any time the inmate may have been at large by reason of escape therefrom, unless he is pardoned or otherwise released by legal authority.
Source: L. 84: Entire article R&RE, p. 517, § 1, effective July 1.
ANNOTATION
Annotator's note. Since § 17-22.5-103 is similar to repealed §§ 17-20-118 and 27-20-118, relevant cases construing those provisions have been included with the annotations to this section.
A prisoner must serve his sentence in the penitentiary or in such other penal institution to which he may be legally transferred or ordered confined. Lange v. Schauer, 184 Colo. 373, 520 P.2d 753 (1974).
When defendant was confined in the state hospital as a result of a totally unrelated transaction which occurred during a period of escape, he was not serving his sentence and was not entitled to credit for the time of such confinement. Lange v. Schauer, 184 Colo. 373, 520 P.2d 753 (1974).
Pretrial confinement time subtracted prior to computing credits. Pretrial confinement time should be subtracted from the sentence prior to computing good time and similar credits. Menchetti v. Wilson, 43 Colo. App. 19, 597 P.2d 1054 (1979); Vashone-Caruso v. Suthers, 29 P.3d 339 (Colo. App. 2001).
There was no statutory requirement that the good time and other credits of former §§ 17-20-104, 17-20-105, and 17-20-107, be credited against presentence confinement. Menchetti v. Wilson, 43 Colo. App. 19, 597 P.2d 1054 (1979).
Under former § 17-20-118 and § 16-11-308, a defendant is entitled to credit against a sentence for time spent in the county jail after sentencing. People v. Mack, 681 P.2d 949 (Colo. 1984).