Jail Credits Allowed for Detention in Foreign Countires – State v. Hemphill

In this morning’s Appellate Division decision in State v. Hemphill, the Court ruled that credit for confine (also known as jail credits) are mandatory when a defendant is detained on a charge for which he is later convicted and given a custodial sentence. This practice is required in the Superior Court under Rule 3:21-8 and in the municipal court under the identically-worded Rule 7:9-3. (The defendant shall receive credit on the term of custodial sentence for any time served in custody, either in jail or in a state hospital, between the arrest and the imposition of a sentence.)

In Hemphill, the Court held that the credit for confinement would apply even if the pre-conviction detention takes place in another country. The defendant in Hemphill had absconded following an indictment for sex crimes against a small child. Many years later, he was arrested in Europe and held for six-months on a rendition detainer. The Appellate Division ruled that if the time spent in detention in Europe was as a result of the rendition detainer for the New Jersey indictment, the defendant would be entitle to jail credit for the time spent in detention overseas.

Download a copy of State v. Hemphill.

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