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12 CAR § 60-111. Sentence computation and tracking
12 CAR § 60-111. Sentence computation and tracking.
(a) Purpose. To describe the procedures staff shall use to compute and track offender sentences during confinement.
(b) Applicability. To Division of Correction and Division of Community Correction staff, especially records personnel, and offenders committed to the Division of Correction to include those judicially transferred to the supervision of the Division of Community Correction.
(c) Policy. It is the policy of the Board of Corrections to incarcerate offenders only for that portion of their term of confinement that is legally required and to promptly release offenders when their sentences are complete.
(d) Definitions. As used in this section:
(1) “Judgment and commitment orders” means a document signed by the sentencing judge or duly authorized officer of the court ordering or authorizing imprisonment of the offender for a specified term;
(2)(A) “Parole eligibility date” means the computed release date of an offender that reflects the required minimum time to serve on a sentence with credit for any good time earned.
(B) Applies to offenders who committed offenses prior to January 1, 1994;
(3) “Projected release date” means the date the offender shall be released if all sentence-related factors and credits remain unchanged;
(4)(A) “Release date” means the date of offender’s release from custody and/or supervision upon completion of legally required sentence.
(B) This does not include releases:
(i) On furlough;
(ii) To community programs; or
(iii) To similar activities considered an extension of confinement; and
(5)(A) “Transfer eligibility date” means an administrative condition permitting transfer of eligible offenders that reflects the earliest possible date on which an offender is eligible for transfer from a Division of Correction or Division of Community Correction facility to a Division of Community Correction program and/or supervision.
(B) Such date may be extended based on disciplinary behavior while under commitment to the Division of Correction.
(C) Applies to inmates who committed offenses on or after January 1, 1994.
(e) Procedures.
(1)(A) Upon receipt of all necessary information, the records office will compute the parole or transfer eligibility and release date within the parameters established by applicable state and case law.
(B) The records staff will provide each offender with a computation of the total sentence to be served and release eligibility in compliance with applicable state codes and rules.
(C) A time card shall be provided to the offender indicating at least the following:
(i) Sentence length;
(ii) Offense;
(iii) Minimum required time to serve before parole/transfer eligibility;
(iv) Jail time;
(v) Class status; and
(vi) Release dates.
(2) Computation information.
(A)(i) When computing an offender’s sentence or sentences, all possible variables relating to the sentence shall be considered.
(ii) This includes at least the sentence and parole or transfer eligibility acts, applicable case law and rulings, and administrative decisions.
(B) In computing the sentence, the responsible staff member shall consider at least the following:
(i) Date of confinement;
(ii) Date offender received;
(iii) Offense;
(iv) Sentence term;
(v) Felony class;
(vi) Date offense committed;
(vii) Type of sentence imposed by the court and applicable sentencing procedure, including any special orders by the court relating to the sentence;
(viii) Whether there are any concurrent, consecutive, or dual sentencing procedures in effect;
(ix) Date sentence imposed;
(x) Sentence modifications (if any);
(xi) Prior probation or incarcerations affecting sentence;
(xii) Jail time credit or credit for time previously served;
(xiii) Inoperative time (dead time) for escape, bond, or abscond status; and
(xiv) Any applicable good time applied.
(C) Further clarification of specific variables to be considered will be addressed in the appropriate administrative directive and/or records manual.
(3) Computation summary.
(A) A summary of information and computations shall be prepared and maintained in accordance with the appropriate administrative directive.
(B) The summary shall include at least the:
(i) Total number of sentences;
(ii) Total term or terms;
(iii) Parole or transfer eligibility and/or release date;
(iv) Date sentence begins; and
(v) Date total sentence expires.
(4) Revisions.
(A) Revisions to sentence computation documents shall be made as conditions warrant.
(B) No modification of a sentence shall be initiated without obtaining verification of that change.
(C) Changes will be recorded in a timely manner and revised computation records distributed as needed.
"Section Number: Page Number:
DOC 803
DCP 7.3 1 of 3
Board Approval Date:
12/30/93
Supersedes: Dated:
DOC 803 7/8/92
Reference: Effective Date:
1/1/94"
"I. AUTHORITY:
The authority of the Board of Correction and Community Punishment to promulgate this rule is confirmed in Act 50 of 1968, First Extraordinary Session, as amended; Act 438 of 1973, Regular Session; Act 1161 of 1975, Regular Session; Act 93 of 1977, Regular Session; Act 620 of 1981, Regular Session; Act 583 of 1981, Regular Session; Act 772 of 1983, Regular Session; Act 825 of 1983, Regular Session; and Act 534 of 1993, Regular Session."