R671-205-2. Credit for Time Served  


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  •   (1) Credit for time served shall be granted by the Board against an offender's prison sentence for time an offender actually served in custody if, prior to being sentenced to prison, the offender was held in custody in connection with the specific sentence:

      (a) while awaiting trial, conviction, or imposition of the sentence, including any time spent in confinement, detention, or hospitalization in the custody of the Department of Human Services or the Utah State Hospital awaiting competency evaluation or restoration;

      (b) while on probation and awaiting a hearing or decision regarding probation violation allegations;

      (c) as a condition of probation following the imposition of a suspended prison sentence, if the offender is later committed to prison on or after October 1, 2015;

      (d) as a sanction for a violation of probation, following the revocation and re-start or re-imposition of probation, if the offender is later committed to prison on or after October 1, 2015;

      (e) as a response to a violation of probation, pursuant to the AP and P Response and Incentive Matrix, if the offender is later committed to prison on or after October 1, 2015.

      (f) that is reversed, vacated, or otherwise set aside, if a subsequent prison sentence is imposed for the same criminal conduct;

      (g) at the Utah State Hospital following a "guilty and mentally ill" conviction; or

      (h) outside the State of Utah based solely on a Utah warrant issued in connection with the sentence under Board jurisdiction.

      (2) The Board may, in its discretion, grant credit for time served in other, extraordinary circumstances.