LA · rules

La. Code Crim. Proc. art. 880

Credit for prior custody; limitations

activein force · 2026-09-15 – presentact-effective-date

A. A defendant shall receive credit toward service of his sentence for time spent in actual custody prior to the imposition of sentence.

B. A defendant shall receive credit only for time in actual custody and only once during any calendar month when consecutive sentences are imposed.

C. No defendant shall receive credit for any time served prior to the commission of the crime.

D. A defendant shall not receive credit for time served under home incarceration.

E. A defendant shall not receive overlapping jail credit, except in the instance of concurrent sentences and then only for time spent in jail on the instant felony.

F. A defendant shall not receive overlapping jail credit when consecutive sentences are imposed for multiple counts or charges, regardless if the sentence imposed is subsequently corrected pursuant to Article 881.5. Credit for time spent in actual custody shall be applied to only one of the consecutive sentences imposed.

G. Any overlapping jail credit that is awarded in violation of this Article is null, void, and of no effect.

History

Amended by Acts 1970, No. 285, §1; Acts 1997, No. 788, §1; Acts 2006, No. 174, §2; Acts 2011, No. 186, §1; Acts 2026, No. 134, §1.

Provenance

Source: legis.la.gov
Retrieved: 2026-09-15
Edition: 2026-09-15
Content hash: acf09a0b9bd61f69e10606387bfc72f62f574da2df26c1fe3e07003b0e2d88f0

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