Consecutive and concurrent sentences -- Multiple jurisdictions

Checkout our iOS App for a better way to browser and research.

    (a)    (1)    In this section the following words have the meanings indicated.

        (2)    “Division custody” means confinement resulting from a sentence to the jurisdiction of the Division of Correction.

        (3)    (i)    “Non–Division custody” means any postsentencing criminal confinement other than Division custody.

            (ii)    “Non–Division custody” includes confinement resulting from a sentence to:

                1.    a local correctional facility; or

                2.    a correctional facility in a foreign jurisdiction.

    (b)    (1)    A sentence to a term of Division custody that is imposed consecutive to a term of Non-Division custody shall begin when the individual is released from Non-Division custody due to the expiration of a sentence, parole, or the application of diminution credits.

        (2)    A sentence to a term of Non-Division custody that is imposed consecutive to a term of Division custody shall begin when the individual is released from Division custody due to the expiration of a sentence, parole, or the application of diminution credits.

    (c)    A sentence imposed consecutive to a term of confinement for which the defendant is on parole shall begin:

        (1)    if, at the time of sentencing, parole is revoked, on expiration of the original term of confinement; or

        (2)    if parole is not revoked, on the date that the consecutive sentence was imposed.

    (d)    An inmate under a sentence to a term of Division custody that is concurrent or partially concurrent to a term of Non-Division custody shall be subject to Division custody immediately on release from Non-Division custody due to the expiration of a sentence, parole, or the application of diminution credits.


Download our app to see the most-to-date content.