§706-671  Credit for time of detention prior
to sentence; credit for imprisonment under earlier sentence for same crime. 
(1)  When a defendant who is sentenced to imprisonment has previously been
detained in any State or local correctional or other institution following the
defendant's arrest for the crime for which sentence is imposed, such period of
detention following the defendant's arrest shall be deducted from the minimum
and maximum terms of such sentence.  The officer having custody of the defendant
shall furnish a certificate to the court at the time of sentence, showing the
length of such detention of the defendant prior to sentence in any State or
local correctional or other institution, and the certificate shall be annexed
to the official records of the defendant's commitment.



(2)  When a judgment of conviction or a
sentence is vacated and a new sentence is thereafter imposed upon the defendant
for the same crime, the period of detention and imprisonment theretofore served
shall be deducted from the minimum and maximum terms of the new sentence.  The
officer having custody of the defendant shall furnish a certificate to the
court at the time of sentence, showing the period of imprisonment served under
the original sentence, and the certificate shall be annexed to the official
records of the defendant's new commitment. [L 1972, c 9, pt of §1; gen ch 1993]



 



COMMENTARY ON §706-671



 



  This section provides for a result which the Code deems
fair.  It provides that time spent in incarceration before sentence or, where a
prior conviction or sentence has been vacated, before resentence be credited
against the minimum and maximum terms of imprisonment.  While it is true that
most felons will be paroled prior to the expiration of the maximum term
authorized by statute, nevertheless this section provides for some
equalization, in the remaining felony cases and in misdemeanor cases, between
those defendants who obtain pre-sentence release and those who do not.



 



SUPPLEMENTAL COMMENTARY ON §706-671



 



  The Legislature in enacting the Code changed 671, as set
forth in the Proposed Draft, to provide that a convicted person shall receive
credit for any time served in any state or local correctional facility against
both the minimum and maximum term of imprisonment.  This provides for those few
instances where the Code or other statutes provide for minimum terms of
imprisonment.  Cf. §706-606, as enacted.



 



Case Notes



 



  Imprisonment required for credit to be applied to second
sentence for the same crime.  69 H. 407, 744 P.2d 84.



  Imprisonment served under a previous term of probation is not
required to be credited towards defendant's new term of probation.  71 H. 73,
783 P.2d 292.



  Defendant was not entitled to credit for time served while on
probation.  71 H. 612, 801 P.2d 1206.



  No credit applied towards probation sentence for time served
in a federal prison for unrelated federal offenses.  72 H. 230, 813 P.2d 854.



  Where defendant was sentenced to serve six months of
imprisonment as a condition of probation, the six months of imprisonment was
time spent imprisoned for purposes of subsection (2); when defendant was
subsequently sentenced to serve maximum term of one year of imprisonment,
circuit court was required under subsection (2) to deduct the time served in prison
from the maximum one-year term of imprisonment.  78 H. 343, 893 P.2d 194.



  A sentence that credits a defendant with the time served for
an unrelated offense is illegal because the sentencing court is not authorized
by this chapter to grant such a credit.  94 H. 250, 11 P.3d 1094.



  Under this section, a defendant is entitled to have
presentence credit applied only once against the aggregate of defendant's
consecutive sentences.  96 H. 195, 29 P.3d 914.



  Defendant claiming uncredited time served in confinement
under subsection (1) is entitled to prove entitlement to the credit and to
subpoena relevant documents as are necessary in aid thereof.  79 H. 175 (App.),
900 P.2d 172.



  Based on subsection (1) and §706-624, sentencing court would
have no authority to sentence defendant to five years' probation and more than
one year in prison; furthermore, the court was required to credit defendant for
time already served in pre-trial detention.  79 H. 317 (App.), 901 P.2d 1296.



  Defendant not entitled to credit for time served in another
state where imprisonment in other state was for another crime, not for any of
the crimes for which defendant was sentenced in Hawaii.  84 H. 191 (App.), 932
P.2d 328.



  Subsection (1) does not afford a defendant the right to credit
against the sentence imposed against him or her for the time that the defendant
spent in prison, post-arrest and pre-sentence as a consequence of a different
charge or conviction.  91 H. 163 (App.), 981 P.2d 720.