Sec. 18-98d. Credit for presentence confinement.
Sec. 18-98d. Credit for presentence confinement. (a)(1) Any person who is confined to a community correctional center or a correctional institution for an offense
committed on or after July 1, 1981, under a mittimus or because such person is unable
to obtain bail or is denied bail shall, if subsequently imprisoned, earn a reduction of
such person's sentence equal to the number of days which such person spent in such
facility from the time such person was placed in presentence confinement to the time
such person began serving the term of imprisonment imposed; provided (A) each day
of presentence confinement shall be counted only once for the purpose of reducing all
sentences imposed after such presentence confinement; and (B) the provisions of this
section shall only apply to a person for whom the existence of a mittimus, an inability
to obtain bail or the denial of bail is the sole reason for such person's presentence confinement, except that if a person is serving a term of imprisonment at the same time such
person is in presentence confinement on another charge and the conviction for such
imprisonment is reversed on appeal, such person shall be entitled, in any sentence subsequently imposed, to a reduction based on such presentence confinement in accordance
with the provisions of this section. In the case of a fine, each day spent in such confinement prior to sentencing shall be credited against the sentence at a per diem rate equal to
the average daily cost of incarceration as determined by the Commissioner of Correction.
(2) (A) Any person convicted of any offense and sentenced on or after October 1,
2001, to a term of imprisonment who was confined to a police station or courthouse
lockup in connection with such offense because such person was unable to obtain bail
or was denied bail shall, if subsequently imprisoned, earn a reduction of such person's
sentence in accordance with subdivision (1) of this subsection equal to the number of
days which such person spent in such lockup, provided such person at the time of sentencing requests credit for such presentence confinement. Upon such request, the court shall
indicate on the judgment mittimus the number of days such person spent in such presentence confinement.
(B) Any person convicted of any offense and sentenced prior to October 1, 2001,
to a term of imprisonment, who was confined in a correctional facility for such offense
on October 1, 2001, shall be presumed to have been confined to a police station or
courthouse lockup in connection with such offense because such person was unable to
obtain bail or was denied bail and shall, unless otherwise ordered by a court, earn a
reduction of such person's sentence in accordance with the provisions of subdivision
(1) of this subsection of one day.
(C) The provisions of this subdivision shall not be applied so as to negate the requirement that a person convicted of a first violation of subsection (a) of section 14-227a
and sentenced pursuant to subparagraph (B)(i) of subdivision (1) of subsection (h) of
said section serve a term of imprisonment of at least forty-eight consecutive hours.
(b) In addition to any reduction allowed under subsection (a) of this section, if such
person obeys the rules of the facility such person may receive a good conduct reduction
of any portion of a fine not remitted or sentence not suspended at the rate of ten times
the average daily cost of incarceration as determined by the Commissioner of Correction
or ten days, as the case may be, for each thirty days of presentence confinement; provided
any day spent in presentence confinement by a person who has more than one information pending against such person may not be counted more than once in computing a
good conduct reduction under this subsection.
(c) The Commissioner of Correction shall be responsible for ensuring that each
person to whom the provisions of this section apply receives the correct reduction in
such person's sentence; provided in no event shall credit be allowed under subsection
(a) of this section in excess of the sentence actually imposed.
(P.A. 80-442, S. 2, 28; P.A. 81-472, S. 41, 159; P.A. 01-78; P.A. 02-18, S. 2; P.A. 04-234, S. 13; P.A. 06-119, S. 3.)
History: P.A. 81-472 made technical changes; P.A. 01-78 amended Subsec. (a) to designate existing provisions as
Subdiv. (1), redesignate former Subdivs. (1) and (2) as Subparas. (A) and (B), respectively, and add new Subdiv. (2) re
credit for presentence confinement in a police station or courthouse lockup and made technical changes throughout section;
P.A. 02-18 amended Subsec. (a)(1) to increase from $10 to $50 the credit against a fine for each day spent in presentence
confinement and amended Subsec. (b) to increase from $100 to $500 the good conduct reduction in an unremitted fine for
each 30 days of presentence confinement; P.A. 04-234 amended Subsec. (a)(1) to replace the rate of $50 with "a per diem
rate equal to the average daily cost of incarceration as determined by the Commissioner of Correction", effective June 8,
2004; P.A. 06-119 amended Subsec. (b) to replace $500 with "ten times the average daily cost of incarceration as determined
by the Commissioner of Correction" as the amount of the good conduct reduction of an unremitted fine that a person may
receive for each 30 days of presentence confinement, effective July 1, 2006.
Cited. 184 C. 434. Cited. 196 C. 309. Cited. 201 C. 115. Cited. 205 C. 27. Cited. 209 C. 23. Cited. 215 C. 695. Presentence
credit not authorized for persons awaiting or contesting extradition. 259 C. 855 Presentence credit not authorized when
prisoner not in custody or control of Commissioner of Correction. Id. Regarding claim that incarceration in another state
while contesting extradition made this section applicable, court held that persons who are confined in another state pending
extradition are not similarly situated to persons who are confined in this state pending trial. 266 C. 596.
Cited. 30 CA 190. Cited. 36 CA 440. Cited. 39 CA 455; Id., 473. Cited. 45 CA 566. Presentence credit not authorized
for persons awaiting or contesting extradition. 54 CA 11. Respondent's allocation of pretrial confinement credit pursuant
to section did not violate separation of powers doctrine; because legislature plays substantial role, in conjunction with the
judiciary, in sentencing those convicted of criminal offenses, court could not conclude that statute, as applied by respondent,
significantly interfered with judiciary's role in sentencing. 90 CA 460.
Subsec. (a):
Cited. 219 C. 269. Municipal police department "is neither a community correctional center nor a correctional institution". 258 C. 394. When concurrent sentences are imposed on different dates, presentence confinement days accrued
simultaneously on more than one docket are utilized fully on the date they are applied to first sentence. Hence, they cannot
be counted a second time to accelerate discharge date of any subsequent sentence without violating language of Subdiv.
(1)(A). 271 C. 808.
Court reiterated holding that each day of presentence confinement, regardless of the number of informations under
which such confinement accrues, should be counted only once and credited to only one day of sentenced confinement. 80
CA 574. Each day of presentence confinement, regardless of the number of informations under which such confinement
accrues, should be counted once and credited to only one day of sentenced confinement. Id., 580. Petitioner cannot earn
presentence confinement credit while serving sentence. 83 CA 77. Pretrial confinement credit shall be used only once. 94
CA 283. Recalculation of petitioner's presentence confinement credit in wake of Harris v. Commissioner of Correction
did not violate petitioner's right to equal protection, constitute an ex post facto violation or violate the separation of powers
doctrine. 104 CA 793.
Subsec. (b):
Cited. 219 C. 269. "One continuous term" language of Sec. 18-7 is applicable to presentence good time credit earned
under this Subsec. and presentence good time credits earned on one sentence may be credited toward a subsequent, controlling concurrent sentence. 254 C. 214.