PRIA, Government Policy, Made Personal

Summary

A prison sentence starts on the day a person is taken into custody to be moved to, or when they arrive to begin serving time at, the official jail or prison where the sentence will be served. A person must get credit for any time spent in official custody before that start date if that custody was for the crime they are being sentenced for, or for another charge they were arrested on after committing that crime, as long as that time was not already counted toward a different sentence.

Title 18, §3585

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)Commencement of Sentence.—

A sentence to a term of imprisonment commences on the date the defendant is received in custody awaiting transportation to, or arrives voluntarily to commence service of sentence at, the official detention facility at which the sentence is to be served.

(b)Credit for Prior Custody.—

A defendant shall be given credit toward the service of a term of imprisonment for any time he has spent in official detention prior to the date the sentence commences—

(1)as a result of the offense for which the sentence was imposed; or

(2)as a result of any other charge for which the defendant was arrested after the commission of the offense for which the sentence was imposed;

that has not been credited against another sentence.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this section, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title.

§3585 Calculation of a Term of Imprisonment

Summary

Title 18, §3585

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata