State v. Hemphill

Reproduced with permission from Muni-Mail.com.

Jail Credits Allowed for Detention in Foreign Countries -
State v. Hemphill

Posted on February 4, 2007

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.

Click HERE to download a copy of State v. Hemphill.