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NCJRS Abstract

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NCJ Number: 72600 Find in a Library
Title: Credit for Jail Time Upon Revocation of Deferred Imposition of Sentence or Suspended Execution of Sentence
Journal: Montana Law Review  Volume:38  Issue:2  Dated:(1977)  Pages:357-364
Author(s): D Kinnard
Date Published: 1977
Page Count: 8
Format: Article
Language: English
Country: United States of America
Annotation: The concept of preconviction jail time credit upon the term of the ultimate sentence of imprisonment is discussed within the context of how it is handled in Montana State law.
Abstract: Pursuant to the Revised Codes of Montana (RCM) 1947, Section 95-2215, a sentencing judge in Montana must give credit against a prison sentence for all days during which a criminal defendant is incarcerated on a bailable offense and has a judgment of imprisonment rendered against him. This statutory mandate has been interpreted in the case 'In re Le Desma' and prior cases to include credit for time spent in jail or under a jail base release program prior to the revocation of either a deferred imposition of sentence or a suspended execution of sentence. Yet this right to jail time credit is not without limits. RCM 1947, Section 95-2215, is applicable only to Montana offenses and sentences and has no application to time served in prisons or jails of other States. Furthermore, there is some doubt about the scope of the term 'incarceration' in the statute. It appears that certain sentences may not be incarceration within the meaning of RCM 1947, Section 95-2215. In addition, it is clear that credit for elapsed time other than jail time--that is, 'street time'--is still a matter of discretion for the sentencing court. To insure that the statutory right of criminal defendants to credit for jail time is protected as the legislature clearly intended, attorneys and sentencing judges in Montana must familiarize themselves with these criminal law developments. The statute mandates that such time be credited against the prison sentence. Receipt of credit for a month or two of jail time may not seem urgent to those who are free, but it can be eternity to those incarcerated in the State prison. Several case law situations are cited and 35 footnotes are provided.
Index Term(s): Judicial decisions; Montana; Presentence credit
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