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Old 05-22-2020, 01:11 AM
Davidlowery73 Davidlowery73 is offline
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Question Do the days you spend in recieving not count against your sentence

My girlfriend has been incarcerated South Carolina since 1/24/20 she has spent 111 days in recieving but when I spoke with the lady from classifications today she told me that those days dont count that only the county jail time she had counted against her time I don't understand if you are locked up in custody not a free person why would this be called dead time because that's what she is being told too does anyone have any information on this if so it would be greatly appreciated TIA
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Old 05-22-2020, 04:24 AM
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Welcome to Prison Talk. Here is a South Carolina Dept. of Corrections sentence computation page. Time in prison not being counted towards time served sounds fishy to me.
https://public.doc.state.sc.us/relea.../disclaimer.do
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Old 05-22-2020, 06:23 AM
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Was she on a parole or probation violation at the time?
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Old 05-22-2020, 07:27 AM
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It sounds funny to me as well, unless she was on parole/probation then it gets a bit more complicated.


I know the *good time* she would earn in county is calculated differently than prison time (for some crimes)
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Old 05-22-2020, 09:37 AM
Davidlowery73 Davidlowery73 is offline
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She was in probation but they terminated her probation because she was going to prison told her do her 2yrs and she would be out off of paper
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Old 05-22-2020, 02:40 PM
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Any time in state prison custody should count. As far as good time credits they may not receive those The 111 days she served should count. If this 111days was in county jail she may not receive credit for that time. That decision would be up to the sentencing judge
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Old 05-22-2020, 03:52 PM
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Quote:
Originally Posted by Patrickj View Post
Any time in state prison custody should count. As far as good time credits they may not receive those The 111 days she served should count. If this 111days was in county jail she may not receive credit for that time. That decision would be up to the sentencing judge


Why is county jail time not counted? Isn't that classed as being incarcerated?
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Old 05-22-2020, 06:55 PM
Davidlowery73 Davidlowery73 is offline
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She got credit for the 149 days in county but saying days in recieving are dead time that time doesn't start until u hit a yard
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Old 05-22-2020, 08:56 PM
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Quote:
Originally Posted by Born View Post
Why is county jail time not counted? Isn't that classed as being incarcerated?

It is up to the judge to give you your county time and credits. Most everyone gets these credits. There are few that don't due to the condition of their plea bargain (Usually a sweet plea deal or other reason for not getting credits)

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Old 05-22-2020, 09:10 PM
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Originally Posted by Davidlowery73 View Post
She got credit for the 149 days in county but saying days in receiving are dead time that time doesn't start until u hit a yard
I did a real quick run down for South Carolina. I couldn't find any information one way or the other on this subject. Let dig through South Carolina Code of Laws

Title 16 and Title24 You can also review these sections also EDIT: Take a look at SECTION 24-13-40. Computation of time served by prisoners.
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Last edited by Patrickj; 05-22-2020 at 09:22 PM..
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