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Missouri Parole, Probation, Pre-Release & Release All information & questions relating to parole, probation, pre-release/treatment centers, or release in Missouri should be posted here.

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  #1  
Old 04-23-2012, 03:32 AM
someone2004 someone2004 is offline
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Default Does house arrest count towards time served credit?

I'm suppose to be going to prison here in a few months, it's going to be my first time and I'm looking at a 5 year on a C felony on a non violent non drug related crime, someone told me they changed C and D felonies to 10% from 15% does anyone know if thats true? Also I'm wondering if my time in county counts (2 months) im sure it does, but while in county it was made aware I needed open heart surgery so i was released for medical and am on house arrest for my time out, I was told since I'm on house arrest this time counts as well, thats what I'm confused about, does anyone know if it counts also?

Any help would be much appreciated!

Also any idea how long I would have to serve on a 5 year first time non violent class C felony? If the medical/house arrest counts I'll go in with 8 months time served already.

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Old 04-23-2012, 07:02 PM
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I'm not familiar with Missouri's policies, but I don't believe time on "house arrest" will count towrds your time served credit...it doesn't in Ky.

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Old 04-23-2012, 07:05 PM
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My husband was on house arrest a year & it didn't go toward time served where we live. The time he served in county did though.
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Old 04-27-2012, 08:46 PM
RVN04 RVN04 is offline
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Quote:
Originally Posted by someone2004
I'm suppose to be going to prison here in a few months, it's going to be my first time and I'm looking at a 5 year on a C felony on a non violent non drug related crime, someone told me they changed C and D felonies to 10% from 15% does anyone know if thats true? Also I'm wondering if my time in county counts (2 months) im sure it does, but while in county it was made aware I needed open heart surgery so i was released for medical and am on house arrest for my time out, I was told since I'm on house arrest this time counts as well, thats what I'm confused about, does anyone know if it counts also?

Any help would be much appreciated!

Also any idea how long I would have to serve on a 5 year first time non violent class C felony? If the medical/house arrest counts I'll go in with 8 months time served already.

Thanks
My husband was on house arrest and the lawyer we had made it where his time on house arrest did in fact count towards his sentence!
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Old 09-06-2012, 01:54 AM
BAYSIS BAYSIS is offline
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Default ALL Jail time SHOULD be credited toward your sentence!

Quote:
Originally Posted by someone2004 View Post
I'm suppose to be going to prison here in a few months, it's going to be my first time and I'm looking at a 5 year on a C felony on a non violent non drug related crime, someone told me they changed C and D felonies to 10% from 15% does anyone know if thats true? Also I'm wondering if my time in county counts (2 months) im sure it does, but while in county it was made aware I needed open heart surgery so i was released for medical and am on house arrest for my time out, I was told since I'm on house arrest this time counts as well, thats what I'm confused about, does anyone know if it counts also?

Any help would be much appreciated!

Also any idea how long I would have to serve on a 5 year first time non violent class C felony? If the medical/house arrest counts I'll go in with 8 months time served already.

Thanks
I hope you are still out and able to read this! I just got through helping my brother file a lawsuit over this issue. ALL of the time you spent in jail or custody (within the state) is supposed to be credited. The statute in MO that covers jail time credit is 558.031, which states:

"Such person shall receive credit toward the service of a sentence of imprisonment for all time in prison, jail or custody after the offense occurred and before the commencement of the sentence, when the timein custody was related to that offense, except:

(1) Such credit shall only be applied once when sentences are consecutive;

(2) Such credit shall only be applied if the person convicted was in custody in the state of Missouri, unless such custody was compelled exclusively by the state of Missouri's action; and

(3) As provided in section 559.100, RSMo."

I am NOT a lawyer, but according to my research, the key words here are "custody" and "related to that offense," meaning as long as you were in custody because of or pertaining to that offense, your time is counted (day for day) toward your sentence. That includes all time spent in jail after you were ARRESTED for the offense before you were formally charged with it.
For example, brother was arrested in Nov for a crime and held in jail 2 days, then released. He wasn't charged (felony information filed by prosecutor) or put back in jail for that crime until Feb. But since the 2 days in jail in Nov were because of that crime, he got credit for those days as well as ALL days held in jail until physically transferred to DOC. If you get sentenced then sit in jail for 3 wks before going to DOC, those 3 wks count as well. By statute, the sheriff has to provide DOC with a document certifying what days you were in jail and that's what DOC is supposed to use to calculate your jail time credit.

As for house arrest, I would argue that you should be granted credit for that time if the house arrest was for the same offense (or crime). Especially since you were in custody in jail and the only reason you went on house arrest was for medical. In other words, "but for" the medical issue, you would still be in jail. Therefore, you are still considered "in custody."

The statute for house arrest in MO is 217.541, which states:
"1. The department shall by rule establish a program of house arrest. The director or his designee may extend the limits of confinement of offenders serving sentences for class C or D felonies who have one year or less remaining prior to release on parole, conditional release, or discharge to participate in the house arrest program.

2. The offender referred to the house arrest program shall remain in the custody of the department and shall be subject to rules and regulations of the department pertaining to offenders of the department until released on parole or conditional release by the state board of probation and parole."

It is your attorney's job to request your jail time credit at the time of sentencing. It should be included in the plea agreement and stated on the record at sentencing. If this is not done, you might have a problem getting DOC to credit your time properly. (they seem to make their own rules)

The problem lots of inmates are having is regardless of what the statute allows or what the judge ordered, or the sheriff certified, DOC is the one who actually determines when you are released, so they have they own way of calculating "time served." My brother actually sat in jail for over 700 days before being sentenced and the sheriff only certified 599 days. DOC was only allowing him about 232 days! We had to file a lawsuit to force DOC to grant the proper credit.

DOC will give you a "face sheet" and other documents which will list the date you are to be released (conditional release) and should also list the amount of days of credit you are being granted for time spent prior to sentencing. If they aren't allowing you proper credit-contest it and keep after them until they do it properly!

If you can't get them to properly grant the time, you can file what's called a "Petition for Declaratory Judgment." You should be able to find similar cases as it has been done numerous times. You can file pro se (by yourself) and the court will order an attorney to represent you at no cost. That atty is supposed to review your petition and correct any errors and proceed with the case for you.

Good luck and I hope your time inside goes by without incident so you can get released and get on with your life!
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