2021 Georgia Code
Title 17 - Criminal Procedure
Chapter 10 - Sentence and Punishment
Article 1 - Procedure for Sentencing and Imposition of Punishment
§ 17-10-11. Granting of Credit Generally; Exceptions; Use in Determining Parole Eligibility; Applicability of Code Section

1. Except as provided in subsection (b) of this Code section, upon conviction for an offense, a person shall be given full credit for each day spent in confinement in any penal institution or facility and in any institution or facility for treatment or examination for a disability, as such term is defined in Code Section 37-1-1, infirmity, or other physical condition, including:
   1. Pretrial confinement, for any reason, since the date of arrest for the offense which is the subject of the sentence; and
   2. Posttrial confinement awaiting the remittitur from an appellate court or transfer to the Department of Corrections or other court ordered institution or facility.
2. The court may exclude credit for time served in pretrial confinement when its sentence:
   1. Requires the person to complete a program at a probation detention center as set forth in Code Section 42-8-35.4;
   2. Allows the person to participate in a work release program as set forth in Code Section 42-1-4; or
   3. Is for a misdemeanor offense for time spent in confinement in a jurisdiction other than the one in which the arrest for such offense occurred.
3. The credit or credits set forth in subsection (a) of this Code section shall be applied toward the convicted person's sentence and shall be considered by the State Board of Pardons and Paroles in determining the eligibility of such person for parole.
4. This Code section shall apply to sentences for all crimes, whether classified as violations, misdemeanors, or felonies, and to all courts having criminal jurisdiction located within the boundaries of this state.

(Ga. L. 1970, p. 692, §§ 1, 2; Ga. L. 1972, p. 742, § 1; Ga. L. 2010, p. 1147, § 9/HB 1104; Ga. L. 2020, p. 361, § 3/HB 984.)

The 2020 amendment, effective January 1, 2021, substituted the present provisions of subsections (a) and (c) for the former provisions of subsection (a), which read: "Each person convicted of a crime in this state shall be given full credit for each day spent in confinement awaiting trial and for each day spent in confinement, in connection with and resulting from a court order entered in the criminal proceedings for which sentence was imposed, in any institution or facility for treatment or examination of a physical or mental disability. The credit or credits shall be applied toward the convicted person's sentence and shall also be considered by parole authorities in determining the eligibility of the person for parole."; added subsection (b); redesignated former subsection (b) as present subsection (d); and substituted "shall apply" for "applies" near the beginning of subsection (d).

OPINIONS OF THE ATTORNEY GENERAL

Purpose.

- Remedial change made by this section was to allow credit for jail time served before formal implementation of the sentence. 1973 Op. Att'y Gen. No. 73-1.

This section was applicable to sentences imposed on and after July 1, 1970. 1970 Op. Att'y Gen. No. 70-85.

This section was not retroactive and did not apply to jail time prior to sentences arising before July 1, 1970, the date the law became effective. 1973 Op. Att'y Gen. No. 73-1.

- Board of Corrections (now Board of Offender Rehabilitation) should disregard fixed antecedent computation dates in those cases in which no appeal has been taken and in which sentence has been imposed on or after July 1, 1970. 1970 Op. Att'y Gen. No. 70-176.

- Provision for credit for time spent in confinement awaiting trial was intended to apply only to confinement resulting from the charges for which the sentence in question was ultimately imposed. 1975 Op. Att'y Gen. No. 75-3.

Amount of credit for time spent in confinement awaiting trial provided for in this section was intended to be limited to credit for days spent in custody in connection with the offense or acts for which sentence was imposed. 1975 Op. Att'y Gen. No. 75-3.

This section was not intended to allow credit on a sentence for time spent awaiting trial on a separate and unrelated charge, and a prisoner was not entitled to credit on the prisoner's sentence for such time. 1975 Op. Att'y Gen. No. 75-3.

Individual must be given credit for the time spent in jail while not serving any other sentence. In fact, not allowing credit for such time served would be in violation of O.C.G.A. § 17-10-11. 1987 Op. Att'y Gen. No. 87-19.

When a sentence is imposed to run concurrently with one already being served, the subsequent sentence runs concurrently with the unexecuted portion of the previous sentence. 1975 Op. Att'y Gen. No. 75-3.

- Defendants serving consecutive sentences, who have earned credit for time served against the consecutive sentences, must be given credit for that time against the consecutive sentences. 1987 Op. Att'y Gen. No. 87-19.

- This section was intended to credit a defendant, whose suspended sentence is revoked, with the time the defendant spent in jail prior to the defendant's original trial and prior to the defendant's revocation. 1973 Op. Att'y Gen. No. 73-1.

When a suspension of jail sentence occurred before July 1, 1970, the effective date of this section, and a revocation occurred afterwards, credit was allowed for prerevocation jail time occurring after the effective date. 1973 Op. Att'y Gen. No. 73-1.

- After revocation of a probated sentence, in determining the remaining balance of the sentence, the defendant is credited with time on probation. However, to prevent the defendant from receiving double credit for this time, jail time credit should not be awarded toward the period of confinement ordered after revocation of a probated sentence. 1973 Op. Att'y Gen. No. 73-1.

- Defendant is entitled to receive credit for time spent in confinement awaiting extradition. 1973 Op. Att'y Gen. No. 73-5.

- With the limited exception of Ga. L. 1969, p. 606, § 1 (see O.C.G.A. § 42-6-5), relating to temporary custody of convicted inmates in county facilities, good-time allowances and deductions therefrom can only be computed when inmates are under the jurisdiction and control of the institutions operated by the Department of Offender Rehabilitation. 1972 Op. Att'y Gen. No. 72-61.

- With the limited exception of Ga. L. 1969, p. 606, § 1 (see O.C.G.A. § 42-6-5), neither sheriffs nor the Department of Offender Rehabilitation can take jail credit away from inmates who have misbehaved in jails prior to the inmates being sent to correctional institutions. 1972 Op. Att'y Gen. No. 72-61.

- Director of corrections (now commissioner of offender rehabilitation) is authorized to devise and distribute such forms as may be necessary to implement Ga. L. 1972, p. 742, §§ 1 - 3 (see O.C.G.A. §§ 17-10-11 and17-10-12). The director (now commissioner) may require that data concerning the number of days an inmate spent in jail prior to trial be transmitted to the Board of Corrections (now Board of Offender Rehabilitation) upon forms approved and distributed by the board. 1970 Op. Att'y Gen. No. 70-127.

- Individual who is sentenced in county A and then "loaned" to county B for prosecution is entitled to credit for jail time certified by the individual's county B custodian against both sentences, if concurrent, but if the individual's county B sentence is made consecutive, the individual will not receive credit against the county B sentence for the individual's county B jail time. 1983 Op. Att'y Gen. No. 83-21.

An inmate who is removed by court order to a county jail for prosecution or sentencing is entitled to credit against both the inmate's previous sentence(s) and the inmate's new sentence(s), if concurrent, for certified jail time the inmate serves in connection with the new sentence(s). 1983 Op. Att'y Gen. No. 83-21.

- Inmate is not entitled to credit for time served in a county jail while in escape status, even if the Department of Offender Rehabilitation (now Corrections) is made aware of the inmate's whereabouts. 1983 Op. Att'y Gen. No. 83-21.

- Inmate who escapes from the custody of the Department of Offender Rehabilitation (now Department of Corrections) and, while on escape, is captured and sentenced in another state remains in escape status until returned to Georgia and is not entitled to credit against the inmate's Georgia sentence(s) for time served in the other state. 1983 Op. Att'y Gen. No. 83-21.

If jail time is certified pursuant to O.C.G.A. § 17-10-12 in connection with prosecution of an escapee prior to the escapee's return to the custody of the Department of Offender Rehabilitation (now Department of Corrections), the prisoner is entitled to jail time credit only against the new sentence(s). 1983 Op. Att'y Gen. No. 83-21.

RESEARCH REFERENCES

Am. Jur. 2d.

- 21 Am. Jur. 2d, Criminal Law, §§ 490, 491. 59 Am. Jur. 2d, Pardon and Parole, § 77 et seq.

- 24 C.J.S., Criminal Procedure and Rights of the Accused, § 2359 et seq. 67A C.J.S. (Rev), Pardon and Parole, § 46 et seq.

- Time which convict spends in hospital as credit on his sentence, 62 A.L.R. 246.

Right of state or federal prisoner to credit for time served in another jurisdiction before delivery to state or federal authorities, 18 A.L.R.2d 511; 90 A.L.R.3d 408.

Effect of delay in taking defendant into custody after conviction and sentence, 98 A.L.R.2d 687.

Right to credit for time spent in custody prior to trial or sentence, 77 A.L.R.3d 182.

Right to credit on state sentence for time served under sentence of court of separate jurisdiction where state court fails to specify in that regard, 90 A.L.R.3d 408.

Computation of incarceration time under work-release or "hardship" sentences, 28 A.L.R.4th 1265.

Defendant's right to credit for time spent in halfway house, rehabilitation center, or similar restrictive environment as a condition of pretrial release, 29 A.L.R.4th 240.

Liability of private operator of "halfway house" or group home housing convicted prisoners before final release for injury to third person caused by inmate, 9 A.L.R.5th 969.

Effect of delay in taking defendant into custody after conviction and sentence, 76 A.L.R.5th 485.