2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 97 - Sentencing
9760 - Credit for time served.

     § 9760.  Credit for time served.
        After reviewing the information submitted under section 9737
     (relating to report of outstanding charges and sentences) the
     court shall give credit as follows:
            (1)  Credit against the maximum term and any minimum term
        shall be given to the defendant for all time spent in custody
        as a result of the criminal charge for which a prison
        sentence is imposed or as a result of the conduct on which
        such a charge is based. Credit shall include credit for time
        spent in custody prior to trial, during trial, pending
        sentence, and pending the resolution of an appeal.
            (2)  Credit against the maximum term and any minimum term
        shall be given to the defendant for all time spent in custody
        under a prior sentence if he is later reprosecuted and
        resentenced for the same offense or for another offense based
        on the same act or acts. This shall include credit in
        accordance with paragraph (1) of this section for all time
        spent in custody as a result of both the original charge and
        any subsequent charge for the same offense or for another
        offense based on the same act or acts.
            (3)  If the defendant is serving multiple sentences, and
        if one of the sentences is set aside as the result of direct
        or collateral attack, credit against the maximum and any
        minimum term of the remaining sentences shall be given for
        all time served in relation to the sentence set aside since
        the commission of the offenses on which the sentences were
        based.
            (4)  If the defendant is arrested on one charge and later
        prosecuted on another charge growing out of an act or acts
        that occurred prior to his arrest, credit against the maximum
        term and any minimum term of any sentence resulting from such
        prosecution shall be given for all time spent in custody
        under the former charge that has not been credited against
        another sentence.
     (Oct. 5, 1980, P.L.693, No.142, eff. 60 days)

        1980 Amendment.  Act 142 amended the intro. par.
        Cross References.  Section 9760 is referred to in section
     9737 of this title; section 4105 of Title 61 (Prisons and
     Parole).

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