Jail Time – Getting Credit
How can I get credit for Jail Time Served?
BOP Program Statement 5880.28 dated July 19, 1999, Sentence Computation Manual, outlines how inmate sentences are to be computed, to include what jail credit is eligible to be awarded towards the federal sentence. Any time spent in official detention not credited towards another sentence after the date of the federal offense is to be credited towards the federal sentence.
Additionally, if an inmate is convicted of a conspiracy, or other ongoing criminal activity, any time spent in official detention as a direct result of the federal charges that are not credited towards any other sentence during the time period of the ongoing activity are to be given towards the federal sentence.
There are cases in which jail credit applied to a state sentence can possibly be credited towards the federal sentence, when the sentences are running concurrent, pursuant to either Willis time credits (See Willis v. U.S., 449 F2d 923 (CA 5, 1971) or Kayfez credits (See Kayfez v. Gasele, 993 F.2d 1288 (7th Cir. 1993).
A Tip about Jail Time Credit
Jail credit information is routinely incorrect in PSR’s. When the PSR indicates the date of arrest (by the county) on the federal offense, the release date, and the method of release (ie, bond, ROR, charges dismissed, inmate sentenced by the state), this information can be used for jail credit information without having to be verified.