(a) An indeterminate sentence of imprisonment commences when the prisoner is received in the custody or institution to which he was sentenced.
(b) A definite sentence of imprisonment commences when the prisoner is received in the custody to which he was sentenced. Where a person is under more than one definite sentence, the sentences shall be calculated as follows: (1) If the sentences run concurrently, the terms merge in and are satisfied by discharge of the term which has the longest term to run; (2) if the sentences run consecutively, the terms are added to arrive at an aggregate term and are satisfied by discharge of such aggregate term.
(c) When a sentence of imprisonment that has been imposed on a person is vacated and a new sentence is imposed on such person for the same offense or for an offense based on the same act, the new sentence shall be calculated as if it had commenced at the time the vacated sentence commenced, and all time served under or credited against the vacated sentence shall be credited against the new sentence.
(d) When a person who is serving a sentence of imprisonment escapes, the escape shall interrupt the sentence and such interruption shall continue until the return of such person to the custody of the Commissioner of Correction.
(1969, P.A. 828, S. 38; P.A. 92-260, S. 17.)
History: P.A. 92-260 made a technical change in Subsec. (c).
Calculations of terms of imprisonment discussed. 185 C. 124. Cited. 230 C. 17.
Cited. 9 CA 686; 33 CA 205; 45 CA 566.
Cited. 40 CS 354.
Subsec. (b):
Cited. 209 C. 23; 217 C. 568; 228 C. 384. Where habeas corpus petitioner was convicted and sentenced on separate charges in April and September of same year, and the September sentence was to run concurrent to the April sentence, petitioner's September sentence began to run in September, because that is when he was “received in the custody to which he was sentenced”. 274 C. 563.
Cited. 34 CA 503.
Subsec. (c):
Cited. 202 C. 343; 215 C. 695; 216 C. 220. Fundamental purpose is to afford inmate credit toward current sentence for time that he was confined as direct result of his initial trial on same charges and therefore petitioner entitled to credit toward his prison sentence for time that he was confined in mental health facility. 258 C. 394.
Cited. 30 CA 190; 39 CA 455. Proper method for calculating terms of imprisonment discussed. 90 CA 460.
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