Sentence need not reflect consideration of time in confinement awaiting trial.

- Fair reading of the provisions of Ga. L. 1972, p. 742, §§ 1-3 (see O.C.G.A. §§ 17-10-11 and17-10-12) indicates that while a trial court should give consideration for time spent in confinement pending trial, the statutes do not require the trial court affirmatively to reflect that consideration in the language of the sentence imposed. Turner v. State, 151 Ga. App. 631, 260 S.E.2d 756 (1979).

Trial court cannot modify a sentence to reflect credit for time served prior to sentence being imposed, the responsibility for computing credit for time served awaiting trial not being upon the trial court. Casario v. State, 169 Ga. App. 515, 313 S.E.2d 772 (1984); Warren v. State, 246 Ga. App. 894, 543 S.E.2d 38 (2000).

Board of Offender Rehabilitation has duty to award credit day for day.

- Even if the trial court considers the time spent in pretrial confinement and gives a defendant favorable treatment therefor, this section affirmatively places the duty upon the Board of Offender Rehabilitation to award the defendant day for day credit for time served prior to trial. Turner v. State, 151 Ga. App. 631, 260 S.E.2d 756 (1979).

Amount of credit is to be computed by the convict's presentence custodian, and the duty to award the credit for time served prior to trial is upon the Department of Offender Rehabilitation (now Department of Corrections). Casario v. State, 169 Ga. App. 515, 313 S.E.2d 772 (1984); Warren v. State, 246 Ga. App. 894, 543 S.E.2d 38 (2000).

Judge has no authority to interfere with credit issued by administrative entities.

- Trial court erred in sentencing the defendant by specifying that the defendant's credit for time served would not begin until December 5, 2008, the date probation for another offense expired because a trial judge has no authority to interfere with the administrative duties of the correctional custodians and the Georgia Department of Corrections to determine and award credit for time served. Watts v. State, 321 Ga. App. 289, 739 S.E.2d 129 (2013).

Court correctly dismissed a petition for mandamus against the State Board of Pardons and Paroles and the board's chairperson, seeking an order requiring them to recompute the petitioner's sentences resulting from the petitioner's convictions as a habitual violator. The duty to award credit for time served lies with the Department of Corrections, not the board. Further, mandamus lies against an official to require the performance of a clear legal duty, but does not reach the office. Harper v. State Bd. of Pardons & Paroles, 260 Ga. 132, 390 S.E.2d 592 (1990).

Court clerk did not have a duty to compute or give credit for jail time; therefore, a prisoner's petition for mandamus to compel the clerk to correct documents concerning time that the prisoner spent in the county jail did not state a justiciable issue. Grant v. Byrd, 265 Ga. 684, 461 S.E.2d 871 (1995).

Procedure for claiming credits.

- Trial court's order denying the defendant's motion for credit for time served in pretrial confinement was vacated as the defendant's remedy lied solely with the Department of Corrections and not the courts, and then if the defendant remained aggrieved thereafter, a mandamus or injunction action could be pursued. Edwards v. State, 283 Ga. App. 305, 641 S.E.2d 193 (2007).

Trial court properly denied the defendant's motion to modify the defendant's sentence; under O.C.G.A. § 17-10-12, it was the duty of the department of corrections, not the trial court, to award credit for time served prior to trial; if the defendant was aggrieved by the department's calculations, the defendant should have sought relief from the department, then pursued mandamus or injunctive relief if the defendant was not satisfied. Anderson v. State, 290 Ga. App. 890, 660 S.E.2d 876 (2008).

Because the defendant raised the issues of sentencing credit in a motion for jail-credit time and not in a petition for mandamus, the motion was a nullity and should have been dismissed by the trial court and because it was a nullity there was nothing left to appeal. Warbington v. State, 303 Ga. 649, 814 S.E.2d 351 (2018).

Reviewability on appeal.

- Defendant's claim on direct appeal that the defendant was not properly credited for time served while awaiting trial was not properly before the appellate court as issues regarding the amount of time credited were within the purview of the Georgia Department of Corrections, pursuant to O.C.G.A. §§ 17-10-11(a) and17-10-12, and relief should have been sought from the department; as the trial court in the court's written sentencing order did not give gratuitous misdirection to the correctional custodians, the issue was not reviewable. Cutter v. State, 275 Ga. App. 888, 622 S.E.2d 96 (2005).

Because the amount of credit the defendant was entitled to receive was to be computed by a pre-sentence custodian, and the duty to award the credit for time served prior to trial fell upon the Department of Corrections, an appeal from an order denying the defendant clarification of an imposed sentence was not properly before the appeals court; moreover, any dissatisfaction with that relief would not be part of the defendant's direct appeal from the original conviction, but would be in a mandamus or injunction action against the Commissioner of the Department of Corrections. Smashey v. State, 282 Ga. App. 293, 638 S.E.2d 431 (2006).

Power to devise forms and to require data be submitted upon such forms.

- Director of corrections (now commissioner of offender rehabilitation) is authorized to devise and distribute such forms as may be necessary to implement Ga. L. 1970, p. 692, §§ 1-4 (see O.C.G.A. §§ 17-10-11 and17-10-12). The director (now commissioner) may require that data concerning the number of days an inmate spent in jail prior to trial be transmitted to the Board of Corrections (now Board of Offender Rehabilitation) upon forms approved and distributed by the board. 1970 Op. Att'y Gen. No. 70-127.

Board of Offender Rehabilitation is not authorized to grant credits without the custodian's affidavit. 1970 Op. Att'y Gen. No. 70-127.

Credits for defendant sentenced in one county and loaned to second county for prosecution.

- Individual who is sentenced in county A and then "loaned" to county B for prosecution is entitled to credit for jail time certified by the individual's county B custodian against both sentences, if concurrent, but if the individual's county B sentence is made consecutive, the individual will not receive credit against the county B sentence for the individual's county B jail time. 1983 Op. Att'y Gen. No. 83-21.

Inmate who is removed by court order to a county jail for prosecution or sentencing is entitled to credit against both the inmate's previous sentence(s) and the inmate's new sentence(s), if concurrent, for certified jail time the inmate serves in connection with the new sentence(s). 1983 Op. Att'y Gen. No. 83-21.

Credit for time served while in escape status.

- Inmate is not entitled to credit for time served in a county jail while in escape status, even if the Department of Offender Rehabilitation (now Department of Corrections) is made aware of the inmate's whereabouts. 1983 Op. Att'y Gen. No. 83-21.

Escapee captured and sentenced in another state.

- Inmate who escapes from the custody of the Department of Offender Rehabilitation (now Department of Corrections) and, while on escape, is captured and sentenced in another state remains in escape status until returned to Georgia and is not entitled to credit against the inmate's Georgia sentence(s) for time served in the other state. 1983 Op. Att'y Gen. No. 83-21.

If jail time is certified pursuant to O.C.G.A. § 17-10-12 in connection with prosecution of an escapee prior to the escapee's return to the custody of the Department of Offender Rehabilitation (now Department of Corrections), the prisoner is entitled to jail time credit only against the prisoner's new sentence(s). 1983 Op. Att'y Gen. No. 83-21.

Am. Jur. 2d.

- 21 Am. Jur. 2d, Criminal Law, §§ 568, 765, 769. 59 Am. Jur. 2d, Pardon and Parole, §§ 80 et seq., 98 et seq., 119 et seq. 21A Am. Jur. 2d, Criminal Law, § 870.

C.J.S.

- 24 C.J.S., Criminal Law, § 2169 et seq. 67A C.J.S. (Rev), Pardon and Parole, § 49.

ALR.

- Right of state or federal prisoner to credit for time served in another jurisdiction before delivery to state or federal authorities, 18 A.L.R.2d 511.

Right to credit on state sentence for time served under sentence of court of separate jurisdiction where state court fails to specify in that regard, 90 A.L.R.3d 408.

Right of defendant sentenced after revocation of probation to credit for jail time served as a condition of probation, 99 A.L.R.3d 781.