South Carolina § 24-13-40 Computation of time served by prisoners.

South Carolina Statutes

§ 24-13-40 — Computation of time served by prisoners.

South Carolina § 24-13-40

Title 24CORRECTIONS, JAILS, PROBATIONS, PAROLES AND PARDONS

Ch. 13PRISONERS GENERALLY

This text of South Carolina § 24-13-40 (Computation of time served by prisoners.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 24-13-40 (2026).

Text

The computation of the time served by prisoners under sentences imposed by the courts of this State must be calculated from the date of the imposition of the sentence. However, when (a) a prisoner shall have given notice of intention to appeal, (b) the commencement of the service of the sentence follows the revocation of probation, or (c) the court shall have designated a specific time for the commencement of the service of the sentence, the computation of the time served must be calculated from the date of the commencement of the service of the sentence. In every case in computing the time served by a prisoner, full credit against the sentence must be given for time served prior to trial and sentencing, and may be given for any time spent under monitored house arrest. Provided, however, t

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The computation of the time served by prisoners under sentences imposed by the courts of this State must be calculated from the date of the imposition of the sentence. However, when (a) a prisoner shall have given notice of intention to appeal, (b) the commencement of the service of the sentence follows the revocation of probation, or (c) the court shall have designated a specific time for the commencement of the service of the sentence, the computation of the time served must be calculated from the date of the commencement of the service of the sentence. In every case in computing the time served by a prisoner, full credit against the sentence must be given for time served prior to trial and sentencing, and may be given for any time spent under monitored house arrest. Provided, however, that credit for time served prior to trial and sentencing shall not be given: (1) when the prisoner at the time he was imprisoned prior to trial was an escapee from another penal institution; (2) when the prisoner is serving a sentence for one offense and is awaiting trial and sentence for a second offense in which case he shall not receive credit for time served prior to trial in a reduction of his sentence for the second offense; (3) when the prisoner commits a subsequent crime while out on bond; or (4) has bond revoked on any charge prior to trial or plea.

Legislative History

HISTORY: 1962 Code SECTION 55-11; 1952 Code SECTION 55-11; 1948 (45) 1808; 1973 (58) 181; 2010 Act No. 237, SECTION 67, eff June 11, 2010; 2013 Act No. 34, SECTION 1, eff June 7, 2013; 2023 Act No. 83 (H.3532), SECTION 8, eff June 20, 2023. Effect of Amendment The 2010 amendment substituted "must be calculated from" for "shall be reckoned from" in the first and second sentences, substituted "However, when" for "But when" in the second sentence, and made other nonsubstantive changes. The 2013 amendment added ", and may be given for any time spent under monitored house arrest" at the end of the third sentence. 2023 Act No. 83, SECTION 8, in the fourth sentence, inserted "; (3) when the prisoner commits a subsequent crime while out on bond; or (4) has bond revoked on any charge prior to trial or plea".