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Credit for Time Served

 
 

Who determines credit for time served?

The Bureau’s Grand Prairie Office Complex located in Grand Prairie, Texas, is responsible for computing each defendant’s time served based upon arrest date and amount of pretrial time served in federal custody.

Is a court order needed to award credit for time served?

A court order is not necessary to receive credit for time served, however, judges may mention credit for time served as a judicial recommendation on the Judgment and Commitment Order (J&C).

How is credit for time served determined?

Credit for time served is determined using the date of arrest and/or the date of the offense as found on the J&C order, the Indictment, and the Presentence Investigation Report.

Issues related to credit for time served when there is a state sentence involved

When already serving a state custody term, the earliest date a federal sentence may commence is the federal sentencing date. Inmates cannot receive federal credit for time served prior to federal sentencing if they were receiving state credit for that time. This is the case, even if the federal judge orders concurrent time.

If the defendant is on a writ from the state, he is not eligible for credit for that time in federal custody. The sovereign which first arrested the defendant has primary jurisdiction over the defendant, unless that sovereign relinquishes it to another sovereign by, for example, bail release, dismissal of state charges, parole release, or expiration of state sentence. If the defendant is “borrowed” on a writ, he must eventually be returned to the primary custodian; therefore, he is not in the control of the sovereign which "borrowed" him.

A federal judge may impose a federal sentence to run concurrently with a state sentence but cannot give a defendant credit for time already served in state custody.

For additional information see http://www.bop.gov/inmate_programs/sentence_computations.jsp and click on PS5880.28, and scroll to pages 1-13 to1-14, 1-16A, 1-20B.