This Q arose yesterday: when we put someone on a 6 month deferred prosecution agreement, does that mean common understanding of 6 months (ie, January 1 thru June 30) or 180 actual days? In the particular case we were discussing we extended the agreement prior to expiration of 180 days just to be sure, but this had never been discussed. Any thoughts?
We generally refer to periods of incarceration in days, and to periods of supervision in months. Our calculation is generally that supervision ends one day before the same day of the month, "X" months later. EG: 6 month supervision imposed on February 2, 2018 would end on July 1, 2018 (because July 2 would be 6 months plus 1 day). "6 months" is actually 182 or 183 days most of the time (since 2 6 month periods = 1 year, and 365 days = 1 year). My 2 cents.
Posts: 325 | Location: Texas, USA | Registered: November 16, 2004
Larry, that's always been our practice as well. Yesterday was one of those times where suddenly my adult prosecutor side realized if 6 months is really 180 days we would be toast on our juvenile order. I just wanted to make sure there wasn't a seminal case out there I missed (and it was easier to post than research at the time). I appreciate the response!