Offenses committed after June 30, 2014 fall under the new credit time levels as outlined by IC 35-50-6-3.1. The Credit Time Calculator can be used to determine earned credit time based on the highest degree of offense or whether the defendant is a credit restricted felon, in conjunction with either a date range of confinement or a number of actual days served.
According to IC 35-50-6-3.1 and IC 35-50-6-4:
Credit Class A: A person (1) who is not a credit restricted felon; and (2) who is imprisoned for a Level 6 felony or a misdemeanor or imprisoned awaiting trial or sentencing for a Level 6 felony or misdemeanor. Serve 1 actual day; earn 1 credit day.
Credit Class B: A person (1) who is not a credit restricted felon; and (2) who is imprisoned for a crime other than a Level 6 felony or misdemeanor (i.e. Murder, Levels 1-5) or imprisoned awaiting trial or sentencing for a crime other than a Level 6 felony or misdemeanor (i.e. Murder, Levels 1-5). Serve 3 actual days; earn 1 credit day.
Credit Class C: A person (1) who is a credit restricted felon (see IC 35-31.5-2-72); and (2) who is imprisoned for a crime or imprisoned awaiting trial or sentencing. Serve 6 actual days; earn 1 credit day.
Credit Class D: Disciplinary level that may be imposed for violations of (1) a rule of the Department of Correction; (2) a rule of the penal facility in which the person is imprisoned; (3) a rule or condition of a community transition program. Serve 1 actual day; earn 0 credit days.
For offenses committed prior to July 1, 2014, the default
calculation is based on Credit Class I where the defendant earns 1 day of credit time for each day the person is imprisoned for a crime or confined awaiting trial or sentencing.
Source: Public Access
Earned credit time should be calculated based on the most serious offense of which a person is convicted.
Effective July 1, 2015, a person confined on home detention as a condition of probation receives credit as per IC 35-38-2.5-5(e) and (f). Additionally, a person confined on home detention in a community corrections program receives credit as per IC 35-38-2.6-6(b) and (c).
You may enter either a date range of incarceration to determine the number of days confined or simply the number of actual days served. The calculator will then display the number of credit days earned based on either the highest degree chosen or the selection indicating that the defendant is a credit restricted felon.
Click the link below the picture to use the the jail time credit calculator.
If you need help with trying to figure out jail time credit, contact the Law Office of Mark Nicholson. We are an experienced law firm in helping clients get the proper amount of jail time credit.
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