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Idaho Code § 18-309

Computation of term of imprisonment

Applied in 17 court decisions — leading case State v. Hale (1989)

Most recently applied in State v. Brown (January 2018)

I.C., § 18-309, as added by 1972, ch. 336, § 1, p. 844; am. 1972, ch. 381, § 7, p. 1102; am. 1975, ch. 201, § 1, p. 559; am. 1996, ch. 168, § 1, p. 552; am. 2015, ch. 99, § 1, p…

How often courts cite this section

198920002010201830
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) In computing the term of imprisonment, the person against whom the judgment was entered shall receive credit in the judgment for any period of incarceration prior to entry of judgment, if such incarceration was for the offense or an included offense for which the judgment was entered. The remainder of the term commences upon the pronouncement of sentence and if thereafter, during such term, the defendant by any legal means is temporarily released from such imprisonment and subsequently returned thereto, the time during which he was at large must not be computed as part of such term.

(2) In computing the term of imprisonment when judgment has been withheld and is later entered or sentence has been suspended and is later imposed, the person against whom the judgment is entered or imposed shall receive credit in the judgment for any period of incarceration served as a condition of probation under the original withheld or suspended judgment.

Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.