Title 17, Chapter 10, Section 12
( 17-10-12)
(a) The custodian of the defendant shall be required to make an
affidavit specifying the number of days which the defendant has
spent in confinement in his custody and furnish the affidavit to the
clerk of the court within five days after sentence is imposed if the
defendant is convicted. The affidavit of the custodian of the
defendant shall be made a part of the official record of the trial. (b) The clerk of the court shall transmit a copy of the custodian's
affidavit to the Department of Corrections when the defendant has
been sentenced to the custody of the department. The Department of
Corrections shall give the defendant credit for the number of days
spent in confinement prior to conviction and sentence, as reflected
in the custodian's affidavit, before forwarding the record to the
State Board of Pardons and Paroles. (c) Where the defendant has been sentenced to the custody of an
official other than the commissioner of corrections, the clerk of
the court shall transmit the custodian's affidavit to the proper
authorities who shall give the defendant credit for the number of
days spent in custody prior to conviction and sentence. (d) For service under this Code section, the clerk shall receive the fee prescribed in Code Section 15-6-77 from the funds of the county, except where the clerk is on a salary. |