Proper Jail Time Credit During Sentencing

The City of New York was routinely shortchanging proper jail time credit for thousands of mentally ill criminal defendants who were eventually convicted and sentenced to a term in prison. The City was also shortchanging many of the people who were injured and hospitalized during the course of their arrest. The Criminal Defense Special Litigation Unit sued the City and the State agencies responsible for maintaining custody records for criminal defendants in an effort to force the agencies to communicate accurate custody information. In 2005 the case was settled and a monitoring period to enforce the settlement followed. The Special Litigation Unit remains among the best resources in the State in responding to problems dealing with sentence calculation and jail time credit.