§ 16-11-307 — Credit for confinement pending appeal

(1) (a) A defendant
whose sentence was stayed pending appeal prior to July 1, 1972, but who was
confined pending disposition of the appeal, is entitled to credit against the
maximum and minimum terms of his sentence for the entire period of confinement
served while the stay of execution was in effect.

(b) A defendant whose sentence is stayed pending appeal after July 1, 1972,
but who is confined pending disposition of the appeal, is entitled to credit against
the term of his sentence for the entire period of such confinement, and this is so
even though the defendant could have elected to commence serving his sentence
before disposition of his appeal.

(2) The sheriff or other officer having charge of the defendant during such
confinement shall endorse the length of such confinement on the mittimus and
deliver it to the prison authorities when the defendant is delivered for commitment.

(3) The credit shall be computed by the prison authorities to the date of
commitment. The computation shall be made as soon as practicable and the credit
automatically awarded. The defendant shall be advised of the credit as soon as it is
computed.

Legislative History

Source: L. 72: R&RE, p. 249, � 1. C.R.S. 1963: � 39-11-307. L. 73: p. 507, � 1. L. 79: (1)(b) amended, p. 666, � 8, effective July 1.