13-712. Calculation of terms of
imprisonment
A. A sentence of imprisonment commences when sentence is imposed if the defendant
is in custody or surrenders into custody at that time. Otherwise it commences when the
defendant becomes actually in custody.
B. All time actually spent in custody pursuant to an offense until the prisoner is
sentenced to imprisonment for such offense shall be credited against the term of
imprisonment otherwise provided for by this chapter.
C. If a sentence of imprisonment is vacated and a new sentence is imposed on the
defendant for the same offense, the new sentence is calculated as if it had commenced at
the time the vacated sentence was imposed, and all time served under the vacated sentence
shall be credited against the new sentence.
D. If a person serving a sentence of imprisonment escapes from custody, the escape
interrupts the sentence. The interruption continues until the person is apprehended and
confined for the escape or is confined and subject to a detainer for the escape. Time
spent in actual custody prior to return under this subsection shall be credited against
the term authorized by law if custody rested on an arrest or surrender for the escape
itself, or if the custody arose from an arrest on another charge which culminated in a
dismissal or an acquittal, and the person was denied admission to bail pending
disposition of that charge because of a warrant lodged against such person arising from
the escape.
E. The sentencing court shall include the time of commencement of sentence under
subsection A and the computation of time credited against sentence under subsection B, C
or D, in the original or an amended commitment order, under procedures established by
rule of court.
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