Affidavit Specifying Number of Days Spent in Confinement; Disposition of Affidavit; Granting of Credit to Defendant

  1. Law
  2. Georgia Code
  3. Criminal Procedure
  4. Sentence and Punishment
  5. Procedure for Sentencing and Imposition of Punishment
  6. Affidavit Specifying Number of Days Spent in Confinement; Disposition of Affidavit; Granting of Credit to Defendant

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  1. The custodian of the defendant shall be required to make an affidavit specifying the number of days which the defendant has spent in confinement in his custody and furnish the affidavit to the clerk of the court within five days after sentence is imposed if the defendant is convicted. The affidavit of the custodian of the defendant shall be made a part of the official record of the trial.
  2. The clerk of the court shall transmit a copy of the custodian's affidavit to the Department of Corrections when the defendant has been sentenced to the custody of the department. The Department of Corrections shall give the defendant credit for the number of days spent in confinement prior to conviction and sentence, as reflected in the custodian's affidavit, before forwarding the record to the State Board of Pardons and Paroles.
  3. Where the defendant has been sentenced to the custody of an official other than the commissioner of corrections, the clerk of the court shall transmit the custodian's affidavit to the proper authorities who shall give the defendant credit for the number of days spent in custody prior to conviction and sentence.
  4. For service under this Code section, the clerk shall receive the fee prescribed in Code Section 15-6-77 from the funds of the county, except where the clerk is on a salary.

(Ga. L. 1970, p. 692, §§ 3, 4; Ga. L. 1972, p. 742, §§ 2, 3; Ga. L. 1977, p. 1098, § 7; Ga. L. 1985, p. 283, § 1; Ga. L. 1990, p. 8, § 17.)

OPINIONS OF THE ATTORNEY GENERAL

This section is applicable to sentences imposed on and after July 1, 1970. 1970 Op. Att'y Gen. No. 70-85.

Power to devise forms and to require data be submitted upon such forms.

- Director of corrections (now commissioner of offender rehabilitation) is authorized to devise and distribute such forms as may be necessary to implement Ga. L. 1970, p. 692, §§ 1-4 (see O.C.G.A. §§ 17-10-11 and17-10-12). The director (now commissioner) may require that data concerning the number of days an inmate spent in jail prior to trial be transmitted to the Board of Corrections (now Board of Offender Rehabilitation) upon forms approved and distributed by the board. 1970 Op. Att'y Gen. No. 70-127.

Board of Offender Rehabilitation is not authorized to grant credits without the custodian's affidavit. 1970 Op. Att'y Gen. No. 70-127.

Credits for defendant sentenced in one county and loaned to second county for prosecution.

- Individual who is sentenced in county A and then "loaned" to county B for prosecution is entitled to credit for jail time certified by the individual's county B custodian against both sentences, if concurrent, but if the individual's county B sentence is made consecutive, the individual will not receive credit against the county B sentence for the individual's county B jail time. 1983 Op. Att'y Gen. No. 83-21.

Inmate who is removed by court order to a county jail for prosecution or sentencing is entitled to credit against both the inmate's previous sentence(s) and the inmate's new sentence(s), if concurrent, for certified jail time the inmate serves in connection with the new sentence(s). 1983 Op. Att'y Gen. No. 83-21.

Credit for time served while in escape status.

- Inmate is not entitled to credit for time served in a county jail while in escape status, even if the Department of Offender Rehabilitation (now Department of Corrections) is made aware of the inmate's whereabouts. 1983 Op. Att'y Gen. No. 83-21.

Escapee captured and sentenced in another state.

- Inmate who escapes from the custody of the Department of Offender Rehabilitation (now Department of Corrections) and, while on escape, is captured and sentenced in another state remains in escape status until returned to Georgia and is not entitled to credit against the inmate's Georgia sentence(s) for time served in the other state. 1983 Op. Att'y Gen. No. 83-21.

If jail time is certified pursuant to O.C.G.A. § 17-10-12 in connection with prosecution of an escapee prior to the escapee's return to the custody of the Department of Offender Rehabilitation (now Department of Corrections), the prisoner is entitled to jail time credit only against the prisoner's new sentence(s). 1983 Op. Att'y Gen. No. 83-21.

RESEARCH REFERENCES

Am. Jur. 2d.

- 21 Am. Jur. 2d, Criminal Law, § 729 et seq. 21A Am. Jur. 2d, Criminal Law, § 843 et seq. 59 Am. Jur. 2d, Pardon and Parole, §§ 80 et seq., 98 et seq., 119 et seq. .

C.J.S.

- 24 C.J.S., Criminal Procedure and Rights of the Accused, § 2359 et seq. 67A C.J.S. (Rev), Pardon and Parole, § 46 et seq.

ALR.

- Right of state or federal prisoner to credit for time served in another jurisdiction before delivery to state or federal authorities, 18 A.L.R.2d 511.

Right to credit on state sentence for time served under sentence of court of separate jurisdiction where state court fails to specify in that regard, 90 A.L.R.3d 408.

Right of defendant sentenced after revocation of probation to credit for jail time served as a condition of probation, 99 A.L.R.3d 781.


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