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  #1  
Old 12-03-2003, 12:32 AM
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Default How to Calculate Federal (BOP) Prison Time

Could anyone tell me the formula to calculate how much time will be served on an 18-month sentence, allowing for good conduct time and half-way house time. I've tried to figure it out from some of the other posts but keep coming up with different answers.

Thanks!
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Old 12-03-2003, 12:35 AM
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Howard would be the best person to answer that..I am sure he will get to it shortly
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Old 12-03-2003, 07:49 AM
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On an 18 month federal sentence, you will serve 1 year, 3 months and 10 days. this does NOT consider any jail credit - which will be day for day against this number.

That said, I do not agree that the calculation is legally correct, but it is what the BOP will report.


Howard O. Kieffer
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Old 12-03-2003, 08:07 AM
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Thank you Howard.

What does 'jail credit' mean in this case? Is there some way to reduce this number?
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Old 12-03-2003, 08:12 AM
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Quote:
Originally posted by hkieffer
On an 18 month federal sentence, you will serve 1 year, 3 months and 10 days. this does NOT consider any jail credit - which will be day for day against this number.

That said, I do not agree that the calculation is legally correct, but it is what the BOP will report.

BTW - I have software that replicates the Bureau's methods (right or wrong).

Howard O. Kieffer
When you say "I do not agree that the calculation is legally correct", what do you mean?
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Old 12-03-2003, 08:14 AM
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Default Re: How to calculate time???

Quote:
Originally posted by SadMonkey
Could anyone tell me the formula to calculate how much time will be served on an 18-month sentence, allowing for good conduct time and half-way house time. I've tried to figure it out from some of the other posts but keep coming up with different answers.

Thanks!
Here is the calculation of an 18 month federal sentence:

(1) On an 18 month sentence, he will serve a total of 15 months and 21 days in BOP custody.

(2) He is eligible for a total of 70 days of good conduct time.

(3) He will be eligible for a total of 47 days of halfway house.

This calculation is right on the numbers. The only other consideration would be any jail credit.

Hope this helps some.

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Old 12-03-2003, 08:25 AM
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Quote:
Originally posted by SadMonkey
Thank you Howard.

What does 'jail credit' mean in this case? Is there some way to reduce this number?
Jail Credit means "Time spent in 'official detention' from the date the offense concluded, through the date the sentence begins."

This is not a 'reduction' in the sentence. This is only giving a person credit for time that he spent in jail, awaiting sentencing, or for many other reasons, that may be applied toward a federal sentence. In a way, you could argue that it does 'reduce' a sentence. But it is not a 'sentence reduction' in the manner that I believe you are thinking. If necessary, I could be more specific/detailed if you'd like.

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Old 12-03-2003, 08:45 AM
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Thanks Greyghost. I get what you're saying - too bad it doesn't apply to our situation. I must say that this keeps getting more and more bleak - first our lawyer told us yesterday that we were looking at about 11 months of actual prison time, followed by 6 months of halfway house....how wrong was he?!?!??! I think there is something so psychologically different between '11 months' and '14.25 months' - it must be the one year marker. Somehow 11 months seemed do-able, while 14.25 just does not at all.

My prayers are with everyone - especially those people who look at my husband's 14.25 months and think how lucky we are...

Thanks for your help.
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Old 12-03-2003, 08:54 AM
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Even someone who was never arrested and then self surrenders for the commencement of a federal sentence is entitled to jail credit. In the previous example, because after arraignment the person would have been booked by the Marshals, he/she get one day jail credit.

Also, CCC transfer is just that - transfer - not release.

Howard O. Kieffer
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Old 12-03-2003, 09:12 AM
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Thanks, Howard - maybe he'll get at least one day credit.

I understand that the CCC is transfer and not release, but it is helping us at this point to think of his time in segments, as in 'prison' and 'halfway house.' Just an attempt to get through, I guess....
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Old 12-03-2003, 09:20 AM
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For jail credit - it's the bond part that matters most. There must be a bond of some sort ordered. If a person is brought in, or turns himself in, he's fingerprinted, photographed, etc.. and no bond is required, then he will not get any jail credit for that day. There must be a bond.
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Old 12-03-2003, 09:20 AM
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i have a similar question. my husband received 63 months but we know that 2 points are definitely going to be taken off as even the prosecuter said so. the original range we 63-78 months. if the two points are taken off then the range becomes 51-63 months. how does that calculate?
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Old 12-03-2003, 09:22 AM
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one more thing his trial was in jan of 2003, he did not get sentenced until sept 5, 2003. is there any time credit given there. and is there any case law regarding time of alledged crime to time of indictment. (statue of limitations) the alledged crime was in 1996-7 and the indictment came in 2001. of course we waived our right to a speedy trial. am i making any sense?
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Old 12-03-2003, 09:31 AM
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For jail credit, it is irrelevant whether thre was a bond ordered or not.

As to pre-sentencing credits, there is no credit for any period related to the statute of limitations or time waivers - unless the person was BOTH in official detention and the federal gov't was the (primary) custodian.

If someone receives an sentence of 63 months and there was some type of agreement or adjustment (i.e. acceptance of responsibility) for 2 levels - that was assuredly taken into account BEFORE the sentence was imposed.

On a 63 month sentence, it is required to serve 4 years, 5 months and 21 days.

Howard O. Kieffer
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Old 12-03-2003, 09:41 AM
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the 2 points given were for role and the government got up and said no he did not play a role or devise this scheme and the amount of points given for role is 4 but the judge gave him two anyway and our lawyer and the prosecuter said the judge could not give two , only 0 or 4. from what i gather you can't sort of have a role, you either did or did not. at least that is what i have been told and the appeal on that is automatic.
julie
by the way how much time in the above will be served in a halfway house and he is going to do the dap program as well.'
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Old 12-03-2003, 09:41 AM
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You're right, bond does not matter if a person is not released from jail.

If, however, a person reports to the USM, is questioned, fingerprinted, photographed, etc.. and then released, allowed to leave without posting a bond, then no jail credit will be applied toward a subsequent sentence for this date.
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Old 12-03-2003, 09:44 AM
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Quote:
Originally posted by hkieffer


On a 63 month sentence, it is required to serve 4 years, 5 months and 21 days.

Howard O. Kieffer
Not to get picky, but on a sentence of 63 months,
a person will serve 54 months and 28 days in BOP custody.

They will be eligible for 247 days of good conduct time,

and they will be eligible for 5 months and 16 days for halfway house placement.
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Old 12-03-2003, 10:03 AM
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First, there is no "automatic" appeal. The Notice of Appeal must be filed within 10 days of the judgment being entered.

Second, when someone is summoned in to Court - never arrested - they are arraigned. Then (given the fact that they are not detained) they report to the Marshal's office where they are processed (fingerprinted, photographed, etc.). For that - YES - they get one day of jail credit.

Third, the current Bureau practice (not policy) allows the lesser of 10% of the sentence IMPOSED or 6 months in a CCC. Accordingly, a 63 month sentence would carry eligibility for the 6 month maximum.

Howard O. Kieffer
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Old 12-03-2003, 10:08 AM
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the appeal was filed immediately and we are awaiting our transcripts. my husband is also a lawyer, though not a criminal one. by the way we have already heard that they are ready to hear his appeal which is really unusual. what did you mean by:

Third, the current Bureau practice (not policy) allows the lesser of 10% of the sentence IMPOSED or 6 months in a CCC. Accordingly, a 63 month sentence would carry eligibility for the 6 month maximum.


also i do not think anyone has taken into account the dap program.
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Old 12-03-2003, 10:38 AM
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6 months or 10%, whichever is less, based on time served.
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Old 12-03-2003, 10:41 AM
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Additionally I fully understand the difference be an arraingement and an arrest.

They get a day of credit IF they are required to post a bond.

Either way, it's a dead issue. (of no interest to any one else. They are more concerned with the specifics of their case/problems)
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Old 12-03-2003, 10:49 AM
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From the BOP Program Statement 5880.28 SENTENCE COMPUTATION MANUAL (CCCA OF 1984):

Six Month/Ten Percent Period.

The BOP is required, to the extent practicable, to assist prisoners in their re-entry into the community near the end of the sentence. In order to achieve this re-entry, 18 USC  3624(c) specifies that, "The Bureau of Prisons shall, to the extent practicable, assure that a prisoner serving a term of imprisonment spends a reasonable part, not to exceed six months, of the last 10 percentum of the term to be served under the conditions that will afford the prisoner a reasonable opportunity to adjust to and prepare for his re- entry into the community."

The last ten percent of a sentence, not to exceed six months, is not based on the total sentence imposed but rather on the total amount of time that the prisoner is required to serve in confinement. For instance, based on the sentence calculation demonstrated in paragraph "g.", Example No. 1, for a sentence of 1 year, 2 months and 1 day, the "preparation for re- entry into the community," or pre-release time, would be 37 days. The 37 days would be subtracted from the release date to arrive at a "6 Months/10 Per Centum Date." The ten percent time period ( 37 days) is used as required by statute rather than six months because the 37 days are less than six months.

The time period of 37 days was determined by finding ten per cent of the total number of days to be served on the sentence of 1 year, 2 months and 1 day which amounted to 371 days (425 days (1 year, 2 months and 1 day) minus 54 days GCT). Ten percent of 371 equals 37.1 (fractions are dropped). The prisoner could spend 37 days in pre- release custody of some form.

Beginning with time served in confinement of 1810 days (1810 days x 10 per cent = 181 days) through 1839 days (1839 days x 10 per cent = 183 days), both the 10 percent and six month date need to be determined so that a comparison of the two dates can be made to assure that no more than six months will be spent in pre-release custody. Six months always equals more than 180 days and never 184 days or more. Therefore, if ten percent of the time to be served in confinement is 180 days or less, no comparison with the six month date need be made since the 180 days is less than six months. If ten percent of the confinement time is 184 days or more, then only the six month date need be determined since 184 days is always more than six months. If ten percent of the confinement time equals 181, 182 or 183 days, then a comparison of the ten per cent and six month date must be made. For example, if 1824 days are to be served in confinement on a sentence, the ten percent pre-release time equals 182 days (1824 x 10% = 182.4 (fractions are dropped)). If the tentative release date is January 6, 1993, then subtracting 182 days from that date equals July 8, 1992, resulting in a ten per cent date of July 9, 1992 (July 9th is used instead of July 8th, since July 8th would be one day more than 182 days). Six months subtracted from the release date of January 6, 1993 is July 6, 1992, resulting in a six month date of July 7, 1992 (July 7th is used rather than July 6th, since July 6th would be one day more than six months). Since, in this case, ten percent of the time to serve is less than six months, then the ten percent date of July 9, 1992 would be the very earliest date on which pre-release custody could begin.

As you can see, once the anticipated release date is known,
then the "6 Month/10 Per centum Date" is easily calculated.

- - - - - - - - - - - - - - - -

6 months - 10% is based on the Time Served, not the sentence imposed.
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Old 12-03-2003, 11:02 AM
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BOP Program Statement 5880.28 SENTENCE COMPUTATION MANUAL

Prior Custody Time Credit.

Statutory Authority:

Prior custody time credit is controlled by 18 U. S.C. 3585(b), and states, "A defendant shall be given credit toward the service of a term of imprisonment for any time he has spent in official detention prior to the date the sentence commences--

(1) as a result of the offense for which the sentence was imposed; or

(2) as a result of any other charge for which the defendant was arrested after the commission of the offense for which
the sentence was imposed;

that has not been credited against another sentence."

Official detention.

"Official detention" is defined, for purposes of this policy, as time spent under a federal detention order. This also includes time spent under a detention order when the court has recommended placement in a less secure environment or in a community based program as a condition of presentence detention. In addition, on occasion it is necessary for the court to order placement in a less secure environment or in a community based program (including D.C. Department of Corrections' programs such as work release) because of overcrowding in the local place of detention. A person under these circumstances remains in "official detention", subject to the discretion of the Attorney General and the U.S. Marshals'
Service with respect to the place of detention. Those defendants placed in a program and/or residence as a condition of detention are subject to removal and return to a more secure environment at the discretion of the Attorney General and the U.S. Marshals' Service, and further, remain subject to prosecution for escape from detention for any unauthorized absence from the program/residence. Such a defendant is not eligible for any credits while released from detention.

Reno v. Koray, 115 S.Ct 2021 (1995)

In Reno v. Koray, 115 S.Ct 2021 (1995), the U.S. Supreme Court held that time spent under restrictive conditions of release (including time spent in a community treatment center (CCC) or similar facility) was not official detention entitling an inmate to prior custody time credit under 18 U.S.C. 3585(b). The court found that the interaction of the Bail Reform Act and 18 U.S.C. 3585(b) supported the Bureau of Prisons' interpretation that a defendant is either released ( with no credit for time under conditions of release) or detained (with credit for time in official detention).
Koray has also overruled Brown v. Rison, 895 F.2d 895 (9th Cir. 1990). As a result, the awarding of presentence time credit under 18 U.S.C.  3568 for time spent under restrictive conditions shall also be discontinued. Brown is the Ninth Circuit case that required the Bureau of Prisons to give time credit to a sentence for time spent in a CCC or similar facility.
The Koray decision means, therefore, that time spent in residence in a CCC or similar facility as a result of the Pretrial Services Act of 1982 (18 U.S.C. 3152-3154), or as a result of a condition of bond or release on own recognizance (18 U.S.C. 3141-3143, former 3146), or as a condition of parole, probation or supervised release, is not creditable to the service of a subsequent sentence. In addition, a release condition that is "highly restrictive," and that includes "house arrest", "electronic monitoring" or "home confinement"; or such as requiring the defendant to report daily to the U.S. Marshal, U.S. Probation Service, or other person; is not considered as time in official detention. In short, under Koray, a defendant is not entitled to any time credit off the subsequent sentence, regardless of the severity or degree of restrictions, if such release was a condition of bond or release on own recognizance, or as a condition of parole, probation or supervised release.

If an inmate states that he was in prior custody for a day, or days, that was not shown on the USM-129, then staff shall attempt to verify the inmate's claim with the arresting agency even if the PSI substantiates the claim. These situations usually arise when a defendant is issued a summons to appear before the court in a criminal matter. After the hearing, if the defendant returns to the community without being placed on bail or on "own personal recognizance," then that defendant is not entitled to that day in court as a day in "official detention" on a subsequent sentence even if required to report to the U.S. Marshals' Service for processing ( fingerprinting, photographing, etc.). If the defendant is released on bail or on "own personal recognizance" then that day is treated as a day in official detention and shall be awarded as a day of prior custody time credit.
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Old 12-03-2003, 11:03 AM
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Please note the last paragraph from my previous post:

If an inmate states that he was in prior custody for a day, or days, that was not shown on the USM-129, then staff shall attempt to verify the inmate's claim with the arresting agency even if the PSI substantiates the claim. These situations usually arise when a defendant is issued a summons to appear before the court in a criminal matter. After the hearing, if the defendant returns to the community without being placed on bail or on "own personal recognizance," then that defendant is not entitled to that day in court as a day in "official detention" on a subsequent sentence even if required to report to the U.S. Marshals' Service for processing ( fingerprinting, photographing, etc.). If the defendant is released on bail or on "own personal recognizance" then that day is treated as a day in official detention and shall be awarded as a day of prior custody time credit.
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Old 12-03-2003, 11:07 AM
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My husband got sentenced to 97 months he went in May 2000 he says with the good time and drug program he will be going to the half way house Nov. 2005 even tho his release date on the inmate locator says May 2007, is he right?
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