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2012 Nebraska Revised Statutes
Chapter 47 - JAILS AND CORRECTIONAL FACILITIES
47-503 - Credit against jail term.

Universal Citation:
NE Code § 47-503 (2012)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
47-503. Credit against jail term.

(1) Credit against a jail term shall be given to any person sentenced to a city or county jail for time spent in jail as a result of the criminal charge for which the jail term is imposed or as a result of conduct upon which such charge is based. Such credit shall include, but not be limited to, time spent in jail:

(a) Prior to trial;

(b) During trial;

(c) Pending sentence;

(d) Pending resolution of an appeal; and

(e) Prior to delivery of such person to the county board of corrections or, in counties which do not have a county board of corrections, the county sheriff.

(2) Credit to any person sentenced to a city or county jail who is eligible for credit pursuant to subsection (1) of this section shall be set forth as part of the sentence at the time such sentence is imposed.

Source
    Laws 1993, LB 113, § 3.

Annotations
Pursuant to this section, a sentencing court is required to separately determine, state, and grant credit for time served. State v. Clark, 278 Neb. 557, 772 N.W.2d 559 (2009).

The court has no discretion to grant a defendant more or less credit than is established by the record. State v. Clark, 278 Neb. 557, 772 N.W.2d 559 (2009).

When a court grants a defendant more or less credit for time served than the defendant actually served, that portion of the pronouncement of sentence is erroneous and may be corrected to reflect the accurate amount of credit as verified objectively by the record. State v. Clark, 278 Neb. 557, 772 N.W.2d 559 (2009).

Under this section, a sentencing judge is required, at the time of sentencing, to separately determine, state, and grant the amount of credit on the defendant's sentence to which the defendant is entitled. State v. Torres, 256 Neb. 380, 590 N.W.2d 184 (1999).

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