State v. Phelan

In Reanier v. Smith, 83 Wn.2d 342, 517 P.2d 949 (1974) and In re Phelan, 97 Wn.2d 590, 647 P.2d 1026 (1982), we held that all jail incarceration in connection with a charge must be credited against the maximum and any mandatory minimum prison sentences following conviction. These consolidated cases present the issue left undecided in Phelan and Reanier — whether such jail time must be credited against the discretionary minimum term1 set by the Board of Prison Terms and Paroles. We hold that the same *510constitutional considerations apply and that credit must be given in establishing the…