Credit for Prior Detention

(a) When an offender who is sentenced to imprisonment has previously been detained in any territorial, state or local correctional or other institution, for the conduct for which such sentence is imposed, such period of detention shall be deducted from the maximum and minimum term of such sentence. The officer having custody of the offender shall furnish a certificate to the court at the time of sentence, showing the length of such detention of the offender prior to sentence in any territorial, state or local correctional or other institution, and the certificate shall be attached to the official records of the offender’s commitment. (b) When a judgment of conviction is vacated, or a sentence is revised or reviewed and a new sentence is thereafter imposed upon the offender for the same crime, the period of detention and imprisonment previously served therefor shall be deducted from the maximum and minimum term of the new sentence. The officer having custody of the offender shall furnish a certificate to the court at the time of sentence, showing the period of imprisonment served under the original sentence, and the certificate shall be attached to the official records of the offender’s new commitment. SOURCE: M.P.C. § 7.09; *Mass. ch. 264, § 14; cf. N.J. § 2C:44-8. CROSS-REFERENCES: ABA, Sentencing Alternatives and Procedures § 3.6 (Approved Draft 1968). COMMENT: § 80.46 implements the Standards proposed by the ABA.