View Full Version : Does the time he spends detained count towards his sentence??

Free Tone
01-08-2006, 01:34 AM
Well, my bf hes going to sentenced on Jan. 31. He has a possibility of doing a 1-3 bid. And hes been on Rikers' for three months now; does that time count towards his sentence? Or does his time start when he's finally sentenced?? Help!! Please!!!

Danee Boy
01-08-2006, 02:36 AM
Yes, every day in a county jail (Rikers) counts towards his total time.

If he's been in Rikers 3 months when he goes to prison he will only have 9 months until he is eligable for parole.

01-08-2006, 08:02 AM
no his time starts the day he was arrested even if it was a half of a day they have to give time for a full day my husband is also doing a 1 to 3

Free Tone
01-08-2006, 09:54 PM
I really appreciate everyone's help. I knew I would be able to find some answers here.

01-09-2006, 07:07 PM
so is it Yes or NO?

there are 2 answers here?

I think those 3 mths at Rikers does count toward the sentence

Danee Boy
01-10-2006, 03:31 AM
Yes, it does count. Every day spent in custody is subtracted off your sentence.

It's reflected on the time computation given to you when you first enter reception. Among other things it states jail time in days and time left to parole eligibility.

PS: Mrs.G my new parole officer told me to call her Mrs.G..:eek:

01-10-2006, 07:40 PM
PS: Mrs.G my new parole officer told me to call her Mrs.G..

LOL ;)

so it counts when he is Rikers, not once he is arrested.

Danee Boy
01-10-2006, 08:26 PM
It would count from the day you're arrested. Sorry I didn't clarify. Rikers is the county jail for NYC. Normally once you're arrested you go to the county jail within that day.

01-11-2006, 07:18 PM
how can you your time start when you are arrested if you have no sentence yet at that time, sorry, trying to be devils advocte here...

Danee Boy
01-12-2006, 12:47 AM
I'm not sure but I believe it's because your locked up pending trial. Any time that you spend in jail on pending charges is credited toward your sentence.

I spent four month in county jail going back and fourth with plea agreements, every day was credited to my sentence.

01-15-2006, 06:33 PM
now It makes sense ;)

01-16-2006, 06:47 AM
New York Penal Law sec. 70.30(3), the statute governing jail time credit, provides as follows"

* Jail time. The term of a definite sentence or the maximum term of
an indeterminate sentence imposed on a person shall be credited with and
diminished by the amount of time the person spent in custody prior to
the commencement of such sentence as a result of the charge that
culminated in the sentence. In the case of an indeterminate sentence, if
the minimum period of imprisonment has been fixed by the court or by the
board of parole, the credit shall also be applied against the minimum
period. The credit herein provided shall be calculated from the date
custody under the charge commenced to the date the sentence commences
and shall not include any time that is credited against the term or
maximum term of any previously imposed sentence or period of
post-release supervision to which the person is subject. Where the
charge or charges culminate in more than one sentence, the credit shall
be applied as follows:
(a) If the sentences run concurrently, the credit shall be applied
against each such sentence;
(b) If the sentences run consecutively, the credit shall be applied
against the aggregate term or aggregate maximum term of the sentences
and against the aggregate minimum period of imprisonment.
In any case where a person has been in custody due to a charge that
culminated in a dismissal or an acquittal, the amount of time that would
have been credited against a sentence for such charge, had one been
imposed, shall be credited against any sentence that is based on a
charge for which a warrant or commitment was lodged during the pendency
of such custody.

01-16-2006, 03:05 PM
The time counts from when he was arrested (time served) as long as he wasn't out on bail... if he was out on bail then it counts from when he got locked up...

But I also wanted to point out that I heard a year in prison is now 8 months... (good time and merit time). People that have come home from upstate have confirmed it. I think the merit time is only for non-violent offenders so if it's a violent crime, it would be 10 months equals a year.... Not 100% certain but that's what I heard.

Danee Boy
01-17-2006, 09:21 AM
Yes good time equals 1/3 off for non-violent crimes.

Violent offenders have to serve 7/8ths of their time I believe. They don't get merit time and don't even see a parole board.

01-20-2006, 03:28 PM
Violent felony offenders must serve 85% of their determinate term (approximately 6/7ths). Nonviolent offenders are now eligible for for both good time and merit time allowances against their minimum indeterminate terms. To be eligible they must meet certain criteria now set forth under the Penal Law. Good time, in the amount of 1/6th minimumterm, is now usually extended in the absence of poor disciplinary, etc. Merit Time considerations in the amount of an additional 1/6th of the minimum term, is more discretionary under law. So while it is possible that nonviolent felony offenders might now serve only 2/3 of their mimimum terms before being released to parole supervision, they can still be held to their CR dates.

01-20-2006, 06:30 PM
Violent offenders have to serve 7/8ths of their time I believe. They don't get merit time and don't even see a parole board.

VO's do get to see parole boards, it depends on their sentance.

6/7 =85% but only those wit FLAT bids must serve that....

for example, a VO with a sentence of 12.5-25 will serve 65% before he can CR.