46.2308 Calculation of terms of imprisonment-Credit for jail time awaiting trial.

Cite as [A.S.C.A. § 46.2308]

(a) A person convicted of a crime in this Territory shall receive as credit toward service of a sentence of imprisonment all time spent by him in prison or jail both because awaiting trial for the crime and pending transfer after conviction to the corrections division or the place of confinement to which he was sentenced. Time required by law to be credited upon some other sentence is applied to that sentence alone; except that:

(1) time spent in jail or prison awaiting trial for an offense because of detainer for the offense is credited toward service of a sentence of imprisonment for that offense even though the person was confined awaiting trial for some unrelated bailable offense; and

(2) credit for jail or prison time is applied to each sentence if they are concurrent.

(b) The officer required by law to deliver a convicted person to the corrections division en-dorses upon the commitment papers the period of time to be credited as provided in subsection (a).

(c) If a sentence of imprisonment is vacated and a new sentence is imposed on the defendant for the same offense, the new sentence is calculated as if it had commenced at the time the va-cated sentence was imposed, and all time served under the vacated sentence is credited against the new sentence.

(d) If a person serving a sentence of imprisonment escapes from custody, the escape inter-rupts the sentence. The interruption continues until the person is returned to the institution in which the sentence was being served, or in the case of one committed to the custody of the corrections division to any institution administered by the division.

(e) If a person released from imprisonment on parole violates any of the conditions of his parole or release, he may be treated as a parole violator. If the territorial parole board revokes the parole, the paroled person serves the remainder of his prison term and all the parole term, as an additional prison term, and the paroled person serves the remainder of the parole term as an additional prison term unless he is sooner released on parole.

History: 1979, PL 16-43 § 2.

Research Guide: MCC 558.031, 28 ASC 406.