Probation and Parole Board cases ordered to pay restitution shall automatically require restitution be paid in full prior to ECC being applied and do not require a court order specifically to ECC.
If an offender is incarcerated in the Division of Adult Institution (DAI) for any reason, they shall not be eligible for ECC on any case. Probation and Parole cases in custody for supervision violations shall not earn ECC.
If a probation case is ordered into a treatment court after December 18, 2018, the application of ECC will be applied, however, if terminated none shall apply.
Probation and Parole cases in custody for supervision violations shall not earn ECC. The application of ECC for probation cases shall be suspended upon entry into a treatment court after 12/18/2018, and shall remain suspended until the offender is successfully discharged from the treatment court.
Credit shall not be earned for the month in which a Violation Report or Notice of Citation is completed. As a response to a violation, the court or parole board may hold a hearing on an eligible offense and make a finding the client is ineligible to earn credit because of the nature of the violation.
When an offender is in absconder status, they shall not earn ECC and abscond time is not included in the calculation of the 24 months of current supervision that must be served in order to qualify for ECC.