(a)(1) In this section the following words have the meanings indicated.
(2) “Division custody” means confinement resulting from a sentence to the jurisdiction of the Division of Correction.
(3)(i) “Non-Division custody” means any postsentencing criminal confinement other than Division custody.
(ii) “Non-Division custody” includes confinement resulting from a sentence to:
1. a local correctional facility; or
2. a correctional facility in a foreign jurisdiction.
(b)(1) A sentence to a term of Division custody that is imposed consecutive to a term of Non-Division custody shall begin when the individual is released from Non-Division custody due to the expiration of a sentence, parole, or the application of diminution credits.
(2) A sentence to a term of Non-Division custody that is imposed consecutive to a term of Division custody shall begin when the individual is released from Division custody due to the expiration of a sentence, parole, or the application of diminution credits.
(c) A sentence imposed consecutive to a term of confinement for which the defendant is on parole shall begin:
(1) if, at the time of sentencing, parole is revoked, on expiration of the original term of confinement; or
(2) if parole is not revoked, on the date that the consecutive sentence was imposed.
(d) An incarcerated individual under a sentence to a term of Division custody that is concurrent or partially concurrent to a term of Non-Division custody shall be subject to Division custody immediately on release from Non-Division custody due to the expiration of a sentence, parole, or the application of diminution credits.
Credits
Added by Acts 1999, c. 54, § 2, eff. Oct. 1, 1999. Amended by Acts 2000, c. 61, § 1, eff. April 25, 2000; Acts 2004, c. 316, § 1, eff. Oct. 1, 2004; Acts 2009, c. 60, § 1, eff. April 14, 2009; Acts 2023, c. 721, § 3, eff. Oct. 1, 2023.
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
