2022 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.

History. 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).