(1) Credit against a jail term shall be given to any person sentenced to a city or county jail for time spent in jail as a result of the criminal charge for which the jail term is imposed or as a result of conduct upon which such charge is based. Such credit shall include, but not be limited to, time spent in jail:
(a) Prior to trial;
(b) During trial;
(c) Pending sentence;
(d) Pending resolution of an appeal; and
(e) Prior to delivery of such person to the county board of corrections or, in counties which do not have a county board of corrections, the county sheriff.
(2) Credit to any person sentenced to a city or county jail who is eligible for credit pursuant to subsection (1) of this section shall be set forth as part of the sentence at the time such sentence is imposed.
Notes of Decisions
State v. Castillo-Rodriguez, 986 N.W.2d 78 (Neb. 2023).
· cites it 21× “Neb. Rev. Stat. § 47-503 (Reissue 2021) requires a sentencing court to separately determine, state, and grant credit for time served, and the court has no discretion to grant more or less credit than is established by the record.”
State v. Harms, 934 N.W.2d 850 (Neb. 2019).
· cites it 12× “Neb. Rev. Stat. § 47-503 (Reissue 2010) is intended to ensure that defendants receive all the credit against their jail sentence to which they are entitled—no less, and no more.”
State v. Clark, 772 N.W.2d 559 (Neb. 2009).
· cites it 4× “[7] [5,6] We have explained that pursuant to Neb. Rev. Stat. § 47-503 (Reissue 2004), a sentencing court is required to separately determine, state, and grant credit for time served.”
State v. Galvan, 941 N.W.2d 183 (Neb. 2020).
· cites it 5× “29 A probation revocation hearing is considered a continuation of the original prosecution for which probation was imposed—in which the purpose is to determine whether a defendant has breached a condition of his or her existing probation, not to convict that individual of a new…”
Mullins v. Box Butte Cnty., 13 N.W.3d 67 (Neb. 2024).
· cites it 7× “28 The 2010 version of the county jail good time statute did not change the overall application of good time to the “term” of a “sentence.”
State v. Decker, 622 N.W.2d 903 (Neb. 2001).
· cites it 2× “We have also held that when a defendant receives a sentence consecutive to a life sentence which carries a maximum and minimum term, the defendant is entitled to receive credit for the time served against the consecutive sentence.”
State v. Phillips, 924 N.W.2d 699 (Neb. 2019).
· cites it 4× “To support his argument for jail credit, Phillips relies upon Neb. Rev. Stat. § 47-503 (Reissue 2010), which provides in relevant part: (1) Credit against a jail term shall be given to any person sentenced to a city or county jail for time spent in jail as a result of the…”
State v. Torres, 590 N.W.2d 184 (Neb. 1999).
· cites it 8× “Torres appeals from his sentence for violating the terms of his probation, claiming that he was not credited for time already served, as required by Neb. Rev. Stat. § 47-503 (Reissue 1998). We determine that Torres was not sentenced as required by statute, and we reverse, and…”
State v. Clark, 762 N.W.2d 64 (Neb. Ct. App. 2009).
· cites it 13× “Pursuant to Neb.Rev.Stat. § 47-503 (Reissue 2004), a court must separately determine the amount of time previously served and grant the requisite amount of credit for that time served as a part of the sentence.”
State v. Harker, 600 N.W.2d 488 (Neb. Ct. App. 1999).
· cites it 4× “” Defense counsel then cited Neb. Rev. Stat. § 47-503 (Reissue 1998) and again argued Harker was entitled to credit.”
State v. Brown, 9 N.W.3d 871 (Neb. 2024).
· cites it 2× “32 In essence, the sentence operates as a determinate sentence followed by a period of post-release supervision, but such a sentence is authorized for only Class III, IIIA, or IV felonies, not Class IIA felonies.”
State v. McCain, 961 N.W.2d 576 (Neb. Ct. App. 2021).
· cites it 8× “Time spent in jail for sanctions while participating in a drug court program is a result of the underlying offenses, and therefore, credit for time served is appropriate.”
Neb. Rev. Stat. § 47-503(1): 5 cases
State v. Galvan, 941 N.W.2d 183 (Neb. 2020).
“29 A probation revocation hearing is considered a continuation of the original prosecution for which probation was imposed—in which the purpose is to determine whether a defendant has breached a condition of his or her existing probation, not to convict that individual of a new…”
State v. Harms, 934 N.W.2d 850 (Neb. 2019).
“Neb. Rev. Stat. § 47-503 (Reissue 2010) is intended to ensure that defendants receive all the credit against their jail sentence to which they are entitled—no less, and no more.”
Mullins v. Box Butte Cnty., 13 N.W.3d 67 (Neb. 2024).
“28 The 2010 version of the county jail good time statute did not change the overall application of good time to the “term” of a “sentence.”
State v. McCain, 961 N.W.2d 576 (Neb. Ct. App. 2021).
“Time spent in jail for sanctions while participating in a drug court program is a result of the underlying offenses, and therefore, credit for time served is appropriate.”
Neb. Rev. Stat. § 47-503(2): 3 cases
State v. Clark, 762 N.W.2d 64 (Neb. Ct. App. 2009).
“Pursuant to Neb.Rev.Stat. § 47-503 (Reissue 2004), a court must separately determine the amount of time previously served and grant the requisite amount of credit for that time served as a part of the sentence.”
State v. Torres, 590 N.W.2d 184 (Neb. 1999).
“Torres appeals from his sentence for violating the terms of his probation, claiming that he was not credited for time already served, as required by Neb. Rev. Stat. § 47-503 (Reissue 1998). We determine that Torres was not sentenced as required by statute, and we reverse, and…”
Mullins v. Box Butte Cnty., 13 N.W.3d 67 (Neb. 2024).
“28 The 2010 version of the county jail good time statute did not change the overall application of good time to the “term” of a “sentence.”
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