Understanding Credit Time in Criminal Cases
Whenever someone is sentenced in a criminal case in Indiana, the Court takes great concern to appropriately and accurately apply any credit time the defendant is afforded when carrying out the formal sentencing. It is incredibly important because no one should ever serve more time for any offense above and beyond what the level of offense requires minus the time they have already served — otherwise, they can serve a longer sentence than is necessary and constitutionally allowed.
But what is credit time? IC 35-60-6-0.5 defines four types of credit:
- Accrued time – the number of days that a defendant is jailed or confined
- Educational credit – a certain amount of time/days credited or reduced from the defendant’s sentence for participation in vocational, educational, rehabilitative programming, etc. while incarcerated
- Good time credit – so long as a defendant has good behavior while in custody, they are awarded a further reduction of their sentence based on the credit determinations below
- Credit time – the sum of accrued time + good time credit + educational credit
In 2014, the legislature reclassified credit time, allowing for additional credit time in some offenses, and less in others. The classifications are as follows:
Credit Class A
All non-credit restricted felons* who are receiving a sentence for a Level 6 felony or misdemeanor.
- Day for Day
- Credit Calculation: 1 day incarcerated + 1 day credit = 2 days total credit
- Example – sentenced to 365 days, will serve 182.5
- Serve 50% of the executed sentence
Credit Class B
All non-credit restricted felons* who are receiving a sentence for any crime higher than a Level 6 (Levels 5 – 1).
- 1 Day for Every 3 Days
- Credit Calculation: 3 days incarcerated + 1 day credit= 4 days total credit
- Example – sentenced to 365 days, will serve 273 days
- Serve 75% of the executed sentence
Credit Class C
A credit-restricted felon for any offense.
- 1 Day for Every 6 Days
- Credit Calculation: 6 days incarcerated + 1 day credit= 7 days total credit
- Example – sentenced to 365 days, will serve 312 days
- Serve 85.7% of the executed sentence
Credit Class D
No credit given.
- Credit Calculation: No Credit Given
- Example – sentenced to 365 days, will serve 365 days
- Serve 100% of the executed sentence
Credit Class P
1 Day for every 4 days (awaiting trial on home detention).
- Credit Calculation: 4 days home detention pre-trial + 1 day credit= 5 days total credit applied to sentencing.
A credit restricted felon is anyone who is:
(1) at least 21 years old and has been convicted of child molesting involving sexual intercourse or deviate sexual conduct involving a child under 12,
(2) convicted of child molest resulting in serious bodily injury or death,
(3) convicted of murder
(a) while attempting a child molest,
(b) of a victim of a sex crime for which the person was convicted, and/or
(c) of a victim “to be a witness against the defendant in a prosecution for a sex crime” to keep the victim from testifying
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If you or a loved one are facing a possible criminal offense, give the experienced Indianapolis criminal defense attorneys a call today. We can help explain the complex criminal law world and help you understand the credit time calculations. Give us a call today or email us 24/7 at (317) 870-0019 or info@banksbrower.com.