GA criminal procedure code, does waiting for a bed at detention center count against sentence

The 5 weeks should be credited toward his total sentence and thereby reduce his probation time. It's called "credit for time served" and his lawyer should make sure he gets it.

I agree with Mr. Kaman's answer that it will count towards the total probation sentence. It will not usually count towards the time required to be spent in the probation detention center however. Unless, of course, he spends the whole 360 days in the jail. In that case he should be released. But another thing I have seen happen is for the county sheriff to give 2 for 1 credit and cut people loose after half of the total time has been served and before they ever go to PDC. So, if he is in the jail still at 180 days, the sheriff might just let him go.

In response to your question, it depends on what the sentence states. Normally, the time DOES NOT count. Probation detention center time does not begin until he hits the door of the detention center. If the sentence says something like this: 90 days suspended upon entry into a probation detention center where they are to remain for 180 to 360 days, then chances are the time will not count.

Now, in the example above, no bed space becomes available in 90 days then usually, they'll be released and wait until an opening does come up. Detention center waits times are approximately 4 weeks now.

Hope this helps.

I agree with Mr. Cansino, it usually does not count towards the time spent at PDC unless it is part of a negotiated deal or the Judge states that the defendant will receive credit.

As a matter of law, jail time counts towards any prison sentence. However, there is no such mechanism forcing the state to recognize jail time towards a probation detention center sentence. Such credit for time served is discretionary.

In a few cases, I have seen all jail time counted towards a PDC sentence. In other cases, none of the time counted. It all depends on the sentencing Judge, the negotiated deal if there is one, and the circumstances of each defendant. Additionally, in the case of a negotiated plea - it is often the case that the jail time spent subsequent to the plea while waiting for bed space is counted, but only if the Judge states so at sentencing. In those cases, all the time spent in jail prior to the plea date is NOT counted. If the record is silent as to credit for time served - no jail time will count towards the PDC sentence.