Aggregation of Sentences Questions

  • Q. Regarding the aggregating sentences to determine place of confinement, does this mean that it is mandatory for new sentences (including revocation sentences) to be consecutive to previously imposed county or state sentences?

    A. There’s nothing that requires consecutive rather than concurrent sentences. But if a sentence is imposed consecutively, then there is automatic aggregation, which means that you add together the minimums, you add together the maximums and it creates a new sentence. From that new aggregated sentence, you deduct any time that has been served, any kind of credit time. That applies whether the sentences were imposed at the same time by the same court or, if they have been separated by time or in different courts, different judges. Any active sentence still being served automatically aggregates. And that is only when you have consecutive sentences. Concurrent does not apply. (Mark Bergstrom)