Reviewed on: March 17,2016

What is dead time and does all time spent locked up count towards the sentence?

I have a couple quick questions, the inmate I'm inquiring about is incarcerated due to a "probation violation" which occurred over him being discharged from an Adapt class. Even with passed UAs and attendance, with the exception of 2 missed classes, one due to the instructor sending him home because of an injury he received during work. Now, he is looking at sentence given by the judge of 3 months to 1 year in SAFEP. As of now, his P.O. has yet to turn in or send out any paperwork to get his transfer initiated immediately so his time can begin. He is considered a Max inmate and was on deferred probation for a federal gun charge (first charge(s)..all combined at once... ever to receive). The time in County waiting is currently considered dead time and wil not count towards his time in safep. Am I correct? Also what would u suggest in this case for him or me to do in order to help him out a little bit, if any or at all. Thank u so much for ur time.

Asked: March 12,2016
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Dead time is time spent institutionalized that does not count as credit toward the defendant's sentence. An example would be time spent confined in a mental hospital while the defendant is being restored to competency to stand trial. Halfway house time pending sentencing can also sometimes be dead time. In the U.S., federal law provides that a defendant shall be given credit toward the service of a term of imprisonment for any time he has spent in official detention prior to the date the sentence commences (1) as a result of the offense for which the sentence was imposed; or as a result of any other charge for which the defendant was arrested after the commission of the offense for which the sentence was imposed; that has not been credited against another sentence. If an offender is held for an hour to be fingerprinted, that will count as "one day" towards the reduction of time served. The facts as you present them in your question are not likely to see a favorable outcome. The main issue your inmate is dealing with is the federal gun charge and a violation of probation. This is a mandatory five year sentence and depending on his criminal history could be much more.
Accepted Answer Date Created: March 13,2016

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