What is jail time credit in the US federal system?
Under 18 U.S.C. § 3585(b), federal defendants receive credit for time spent in official detention prior to sentencing, as long as that time was not credited against another sentence. Credit is calculated at 1 day for 1 day — there is no enhanced 1.5:1 credit in the federal system. The Bureau of Prisons (BOP) applies this credit administratively.
How does presentence credit work in state courts?
State rules vary significantly. Most states apply 1:1 credit for time served in pretrial detention. Some states (including New York) provide additional 'jail time credit' for good behaviour during presentence detention. A handful of states allow judges discretion to award additional credit in exceptional circumstances.
Does presentence custody count toward parole eligibility?
In the federal system, the BOP calculates parole/release eligibility from the 'credited sentence' — the imposed sentence minus pretrial credit. So pretrial custody does reduce time to release dates. State rules vary considerably; in some states, pretrial credit only reduces the sentence and does not accelerate parole eligibility calculations.
What if I was held in county jail before a federal sentence?
Time in county jail awaiting a federal sentence is creditable under 18 U.S.C. § 3585(b) as long as it was not credited against any other sentence. You may need to file a nunc pro tunc designation request with the BOP to ensure the credit is applied if you are transferred between facilities.