# Petition for Writ of Certiorari — Reno v. Koray > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386012_0740%3A02 ## Record - **Collection:** Supreme Court brief - **Document type:** Petition for Writ of Certiorari - **Published:** January 1, 1995 - **Citation:** 515 U.S. 50 ## Text * * * Official detention. “Official detention” is defined, for purposes of this policy, as time spent under a 46a federal detention order. This also includes time spent under a detention order when the court has recom- mended placement in a less secure environment or in a community based program as a condition of pre- sentence detention. A person under these circum- stances remains in “official detention’, subject to the discretion of the Attorney General and the U.S. Mar- shals Service with respect to the place of detention. Those defendants placed in a program and/or resi- dence as a condition of detention are subject to re- moval and return to a more secure environment at the discretion of the Attorney General and the U.S. Marshals Service, and further, remain subject to prosecution for escape from detention for any unau- thorized absence from the program/residence. Such a person is not similarly situated with persons condi- tionally released from detention with a requirement of program participation and/or residence. A defendant is not eligible for any credits while released from detention. Time spent in residence in a community corrections center as a result of the Pre- trial Services Act of 1982 (18 U.S.C. § 3152-3154), or as a result of a condition of bail or bond (18 U.S.C. § 3141-3143), is not creditable as presentence time. A condition of bail or bond which is “highly restric- tive,” and that includes “house arrest”, “electronic monitoring” or “home confinement”; or such as re- quiring the defendant to report daily to the U.S. Mar- shal, U.S. Probation Service, or other person; is not considered as time in official detention. Such a de- fendant is not subject to the discretion of the U.S. Attorney General, the Bureau of Prisons, or the U.S. Marshals Service, regarding participation, placement, or subsequent return to a more secure environment, 47a and therefore is not in a status which would indicate an award of credit is appropriate (see Randall v. Whelan, 988 F2d 522 (4th Cir. 1991) and U.S. v Insley, 927 F.2d 185 (4th Cir. 1991). Further, the government may not prosecute for escape in the case of an unauthorized absence in such cases, as the per- son has been lawfully released from “official deten- tion”. (EHaception: As a result of case law in the Ninth Circuit, credit for time spent in a community treatment center as a condition of bond (including appeal bond) is considered the same as time spent in “official detention” for those sentenced in the Ninth Circuit, if they were required to spend nights in the community corrections center. The credit follows the inmate if transferred into some other circuit but an inmate sentenced in a circuit other than the Ninth Circuit shall not be given the credit if transferred into the Ninth Circuit. This same type of credit also applies to a defendant whose probation or supervised release is revoked in the Ninth Circuit, providing that the time spent in the community treatment center occurred after the conduct that caused the probation or supervised release to be revoked. It is unlikely that this type of credit will ever apply to a supervised re- lease or probation revocation sentence since the con- duct that causes the revocation usually follows the time spent in a community corrections center. ) Official detention does not include time spent in the custody of the U.S. Immigration and Naturalization Service (INS) under the provisions of 18 U.S.C. § 1252 pending a final determination of deportability. An inmate being held by INS pending a civil deporta- tion determination is not being held in “official deten- tion” pending criminal charges. (See Ramirez- Osorio v. INS, 745 F.2d 937, rehearing denied 751 48a F.2d 383 (5th Cir. 1984); Shoaee v. INS, 704 F.2d 1079 (9th Cir. 1983); and Cabral-Avila v. INS, 589 F.2d 957 (9th Cir. 1978), cert. denied 440 U.S. 920, 99 S.Ct. 1245, 59 L.Ed2d 472 (1979.) A sentence imposed by a court for “Time Served,” means that all time spent in official detention (prior custody time), as a result of the offense for which sentence was imposed, is included in the “Time Served” sentence which the court imposed and can- not be awarded to any other sentence. Time spent serving a civil contempt sentence prior to trial and/or sentencing does not constitute pre- sentence time credit toward the sentence that is even- tually imposed. Time spent serving a civil contempt sentence does not constitute presentence time credit toward any criminal sentence that has been interrupted by, or that is running along concurrently with, or that is to be served consecutively to, the criminal sentence. Official detention does not include any time in a release status even though the defendant is consid- ered “in custody” for purposes of pursuing a habeas corpus petition with the court, as cited by the U.S. Supreme Court in Hensley v. Municipal Court, 411 U.S. 345 (1973) (see also Cochron v. U.S., 489 F.2d 691 (5th Cir. 1974); Villawme v. United States, 804 F.2d 498 (8th Cir. 1986} ‘per curiam), cert. denied, 481 U.S. 1022 (1987) ). * * * * « (2) DOCUMENTATION. Prior custody credit will be given only with proper documentation indi- cating that the prisoner was in official detention within the application of paragraph 5. Proper docu- mentation will consist of written documentation, for 49a placement in the prisoner’s Judgment and Commit- ment File, from any law enforcement agency (in- cluding probation officers). This includes verified phone, fax, or teletype messages, PSI, Rap Sheet, Booking Sheets, Trial Transcripts, Sentry, USM Form 129, etc. (a) When there is cause to believe that credit may be due, arising from an inmate request or from any other person speaking in his or her behalf, or from any other inconsistencies in the facts developed, an effort to obtain the documentation necessary to make a determination will be made. Ordinarily, this will consist of one communication (with written dccu- mentation that contact was made, either in the form of a copy of the letter, fax, or teletype message, or by documenting the phone call) and one following com- munication if no response is received. (b) Should the Judgment and Commitment order make any reference to, or recommendations concern- ing prior custody credits, the term in effect may not be changed in an attempt to meet the language on the Judgment and Commitment. Contact with the court must be made, and the term in effect may only be changed when it is specifically approved by the court. See the ISM Manual regarding the preparation of any correspondence directed to the courts. (c) No credit shall be given based solely on docu- ments or information received from a prisoner, a de- fense attorney, or other person or organization acting on the behalf of the inmate. Information from such sources shall be thoroughly investigated and verified before credit may be given. (d) If the follow-up communication produces no response, the matter should be referred to the appro- priate Regional Inmate Systems Administrator. 50a (3) QUESTIONABLE SITUATIONS. Questions or problems that arise as to the applicability of any of the provisions of this policy shall be referred to the Regional Inmate Systems Administrator. Any resolu- tion of a question or problem that may require a decision outside of, or contrary to, this policy or that may require a precedent setting decision, shall be re- ferred to the Chief of Inmate Systems in the Central Office for review. Sla APPENDIX H [Filed May 8, 1994] UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA 92-CV-1458 ZIYA K. KoRAY Vv. SIZER, ET AL. ORDER IT IS HEREBY ORDERED THAT ZIYA K. KORAY, Register Number 37880-053, be released from the Federal Prison Camp at Allenwood on. May 4, 1994, at 6:00 a.m. Pending further order by this Court, Ziya K. Koray shall comply with the following conditions: —He shall report as directed to the United States Probation Office in this district or as otherwise directed ; —He shall notify the Court, the Clerk of Court, his attorney and the United States Attorney of any change in residence address; and —He shall not leave the United States without the approval of the Court. Date: May 3, 1994 /s/ Edwin M. Kosik EDWIN M. Kosik United States District Judge W o. 8. coveenucer PRINTING OFFICE; 1994 387147 20001 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386012_0740%3A02. Public record. Not legal advice.