304.4Sentencing Issues

Key Concepts

• The defendant must be given credit toward his or her sentence for all time served in custody, including time spent in pretrial confinement or serving the active portion of a split sentence, as well as confinement related to probation violations, competency evaluations.
• Time spent in custody on unrelated charges, in treatment at a private facility, or on electronic house arrest is not credited against an active sentence.
• An active sentence may be reduced by credits awarded for a defendant’s work or participation in educational programs.