Easley, SC asked in Criminal Law for South Carolina

Q: Did a law pass or change where a person can get credit for being on house arrest prior to trial and sentencing?

Can the time on house arrest be credited to their sentencing time?

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1 Lawyer Answer
Stephen Grooms
Stephen Grooms
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Answered
  • Criminal Law Lawyer
  • Myrtle Beach, SC
  • Licensed in South Carolina

A: Universal Citation: SC Code § 24-13-40 (2015)

The computation of the time served by prisoners under sentences imposed by the courts of this State must be calculated from the date of the imposition of the sentence. However, when (a) a prisoner shall have given notice of intention to appeal, (b) the commencement of the service of the sentence follows the revocation of probation, or (c) the court shall have designated a specific time for the commencement of the service of the sentence, the computation of the time served must be calculated from the date of the commencement of the service of the sentence. In every case in computing the time served by a prisoner, full credit against the sentence must be given for time served prior to trial and sentencing, and may be given for any time spent under monitored house arrest. Provided, however, that credit for time served prior to trial and sentencing shall not be given: (1) when the prisoner at the time he was imprisoned prior to trial was an escapee from another penal institution; or (2) when the prisoner is serving a sentence for one offense and is awaiting trial and sentence for a second offense in which case he shall not receive credit for time served prior to trial in a reduction of his sentence for the second offense.

Note "May be given for any time spent under monitored house arrest" - This means it is in the Courts, or more specifically the sentencing Judge's discretion whether or not to award credit for time spent on home detention.

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