18-309. COMPUTATION OF TERM OF IMPRISONMENT. (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.
History:
[18-309, added 1972, ch. 336, sec. 1, p. 858; am. 1972, ch. 381, sec. 7, p. 1102; am. 1975, ch. 201, sec. 1, p. 559; am. 1996, ch. 168, sec. 1, p. 553; am. 2015, ch. 99, sec. 1, p. 240.]
Structure Idaho Code
Title 18 - CRIMES AND PUNISHMENTS
Chapter 3 - NATURE AND EXTENT OF PUNISHMENT IN GENERAL
Section 18-302 - PUNISHMENT FOR ACTS ALSO PUNISHABLE AS CONTEMPTS.
Section 18-303 - COMMON LAW OFFENSES — PUNISHMENT — IMPRISONMENT FOR NONPAYMENT OF FINE.
Section 18-304 - AIDING IN MISDEMEANORS.
Section 18-305 - CONVICTION OF ATTEMPT WHEN CRIME IS CONSUMMATED.
Section 18-306 - PUNISHMENT FOR ATTEMPTS.
Section 18-307 - ATTEMPT RESULTING IN DIFFERENT CRIME.
Section 18-308 - SUCCESSIVE TERMS OF IMPRISONMENT.
Section 18-309 - COMPUTATION OF TERM OF IMPRISONMENT.
Section 18-310 - IMPRISONMENT — EFFECT ON CIVIL RIGHTS AND OFFICES.
Section 18-312 - CONVICTS — CAPACITY AS WITNESSES — CAPACITY TO CONVEY PROPERTY.
Section 18-313 - PROTECTION OF PERSON OF CONVICT.
Section 18-314 - PROPERTY OF CONVICT NOT FORFEITED.
Section 18-315 - OMISSION OF PUBLIC DUTY.
Section 18-317 - PUNISHMENT OF OFFENSES FOR WHICH NO PENALTY IS FIXED.