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Credit for Time Spent in Custody

It is not unusual for a criminal defendant to be held in custody prior to trial on several different cases. For example a defendant might be convicted, receive a suspended sentence and be placed on probation. While on probation the defendant commits a new crime and is arrested and held without bond.

At some point the defendant is convicted for the new crime. The court imposes incarceration. Because of the conviction for the new crime that violates the defendant's probation and the defendant is incarcerated for the original crime.

Must each sentencing judge give credit for time served in custody? I believe that the criminal procedure article of Maryland would answer that question in the negative. I think the correct answer is that each sentencing judge may give credit for time served in custody.

What do you think?

ยง 6-218. Credit against sentence for time spent in custody
(a) Scope of section. -- This section does not apply to a parolee who is returned to the custody of the Division of Correction because of a subsequent crime and is confined before being sentenced for the subsequent crime.

(b) In general. -- (1) A defendant who is convicted and sentenced shall receive credit against and a reduction of the term of a definite or life sentence, or the minimum and maximum terms of an indeterminate sentence, for all time spent in the custody of a correctional facility, hospital, facility for persons with mental disorders, or other unit because of:
(i) the charge for which the sentence is imposed; or

(ii) the conduct on which the charge is based.

(2) If a defendant is in custody because of a charge that results in a dismissal or acquittal, the time that would have been credited if a sentence had been imposed shall be credited against any sentence that is based on a charge for which a warrant or commitment was filed during that custody.

(3) In a case other than a case described in paragraph (2) of this subsection, the sentencing court may apply credit against a sentence for time spent in custody for another charge or crime.

(c) Credit when prior sentence set aside. -- A defendant whose sentence is set aside because of a direct or collateral attack and who is reprosecuted or resentenced for the same crime or for another crime based on the same transaction shall receive credit against and a reduction of the term of a definite or life sentence, or the minimum and maximum terms of an indeterminate sentence, for all time spent in custody under the prior sentence, including credit applied against the prior sentence in accordance with subsection (b) of this section.

(d) Credit when one of multiple sentences set aside. -- A defendant who is serving multiple sentences, one of which is set aside as the result of a direct or collateral attack, shall receive credit against and a reduction of the remaining term of a definite or life sentence, or the remaining minimum and maximum terms of an indeterminate sentence, for all time spent in custody under the sentence set aside, including credit applied against the sentence set aside in accordance with subsection (b) of this section.

(e) Credit awarded at sentencing. --
(1) The court shall award the credit required by this section at the time of sentencing.

(2) After having communicated with the parties, the court shall tell the defendant and shall state on the record the amount of the credit and the facts on which the credit is based. MD Code Crim. Proc. 6-218 Credit against sentence for time spent in custody (Maryland Code (2019 Edition))
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