More Credit Issues

After Alyson’s post from yesterday, I thought it might be a good time to recap some of the other sentence credit issues our courts have addressed over the years. These decisions are grounded in G.S. 15-196.1, which requires credit for the “total amount of time a defendant has spent, committed to or in confinement in any State or local correctional, mental or other institution as a result of the charge that culminated in the sentence.” The statute expressly includes time spent in custody pending “trial, trial de novo, appeal, retrial, or pending parole and probation revocation hearing.” Here are some other things the courts have told us count for credit: * Presentence commitment for study. State v. Powell, 11 N.C. App. 194 (1971) * Hospitalization to determine competency to stand trial. State v. Lewis, 18 N.C. App. 681 (1973) * A federal court interpreted G.S. 15-196.1 to include time spent in confinement in another state awaiting extradition. Childers v. Laws, 558 F. Supp. 1284 (W.D.N.C. 1983) * The active portion of a split sentence. State v. Farris, 336 N.C. 553 (1994) * Time spent in the now-defunct IMPACT boot camp program. State v. Hearst, 356 N.C. 132 (2002) * Time spent at DART-Cherry as a condition of probation. State v. Lutz, 177 N.C. App. 140 (2006) * Time spent imprisoned for contempt under G.S. 15A-1344(e1). State v. Belcher, 173 N.C. App. 620 (2005) * Credit should NOT be awarded for time spent under electronic house arrest. State v. Jarman, 140 N.C. [...]