Rule 125-2-4-.04 - Computation of Sentence(1) The State Board of Corrections shall formulate rules and regulations providing for uniform and consistent sentence computation in accordance with the laws of the State of Georgia. Based upon present law, the determining factor in sentence computation is the date the crime was committed. If this date is before January 1, 1984, the sentence computation must include credit as allowed under previous legislation. If the crime was committed on or after January 1, 1984, service of sentence will be on straight time. Beginning and ending dates of sentences will basically be as determined by the courts.(2) For the purpose of sentence computation, the following definitions apply: (a) Sentence Type: 1. Earned Time: Gives credit to those offenders who are entitled to such allowances by legislation which existed prior to January 1, 1984.2. Straight Time: All sentences except life and death for offenses committed on or after January 1, 1984.(b) Non-running Type: Actions that could extend the sentence end date, such as escape, toll time, appeal bond time, and intervening federal sentence.(c) Non-running Time: The amount of time expressed by indicating a begin date and end date that will be added to the sentence end date of the sentence(s) in effect (determined by the begin date and the action), and, therefore, adjust any subsequent sentence(s) (i.e. begin and end dates) in the sentence structure. The types of non-running time are defined under non-running type.(d) Non-earning Type: Refers to the type of revocation in which non-earning time applies. The types are: parole revocation, probation- revoke balance, probation-revoke portion.(e) Non-earning Time: The amount of time, expressed as a begin date and end date, that will be excluded from the calculation of computation in accordance with previous legislation.(f) Controlling Sentence: The sentence with the latest sentence end date. In the event of multiple consecutive sentences, the controlling sentence chain refers to the series of sentences with the latest sentence end date.(g) Date Crime Committed: The date of the crime as specified in the indictment documentation.(h) Sentence Date: The date the court handed down the sentence.(i) Sentence Begin Date: The effective start date of the sentence. This date will consider jail time served, if appropriate, or special sentencing instructions from the court.(j) Sentence End Date: The effective termination date of the sentence. This date will reflect the results of adding maximum sentence length to the sentence begin date plus the effects of non-running time and earned time credits.(k) Maximum Release Date: The date an inmate would be released from Department of Corrections custody if the entire sentence was served exclusive of parole decisions. No maximum release date exists for those inmates with life or death sentences.(l) Tentative Parole Month: Planned date (year and month) the inmate would be placed on parole which is determined by the Parole Board. A tentative parole month is established for all inmates except those with life or death sentences and sentences of twelve months or less.(m) Parole Consideration Date: This date will apply only to life sentences and parole revocations and would represent a date when the Parole Board would consider the inmate for parole.Ga. Comp. R. & Regs. R. 125-2-4-.04
Ga. Constitution 1983, Art. XI, Sec. I, O.C.G.A. Secs. 42-2-11, 42-5-51, 42-5-100, 42-5-101.
Rule entitled "Computation of Sentence" adopted as R. 415-2-4-.04. F. Nov. 14, 1984; eff. Dec. 4, 1984, renumbered as R. 125-2-4-.04 of same title. F. June 28, 1985; eff. July 20, 1985, as specified by the Agency.