Understanding the New Conduct Credit Laws
A new law went into effect on January 25, 2010 (SB X3 18) that changes the credits most defendants receive while serving time in a California jail. Previously defendants had to serve two-thirds of their jail sentence. The new rule means they only serve half of the sentence. As always certain restrictions apply. I have researched this issue and put together this brief outline of the changes. This is for information purposes only and should not be relied on as legal advice.
Penal Code §4019 (a) (1) &(4) provide for conduct credits earned for “good time” and “work time” of pre-sentence incarceration in a county jail facility or state prison. (CDCR) Subdivision (a) (1) also allows for these credits to apply post-sentence for incarceration in a county jail.
Determining eligibility, the new rules for custody credits apply to most defendants, some exceptions are;
1. Registered sex offenders.
2. Serving time / convicted of a violent felony listed in Penal Code §667.5 (c).
3. Persons with a prior violent felony conviction.
4. Pre-sentence credit for a person sentenced to the state prison for a life term.
5. Persons serving post-sentence time on an alternative sentencing program.
All eligible defendants will now receive two days of additional credit for every two days of “actual jail custody time” that they serve. I.e. a defendant sentenced to 60 days in jail will serve 30 days of actual jail time. Previously two thirds were required to be served, reducing a sentence by one-third for good time / work time credits.
The formula for determining time served credit is much simpler with the new revisions to Penal Code §4019. Days credited are deducted for each four day period in which a person is confined. Subdivision (f) provides that four days have been served for every two days spent in “actual custody”.
There is controversy brewing over the application of the new statute’s changes to county jail commitments and has prompted the introduction of two bills that are now pending in the Legislature to limit application of the formula increasing credits earned to only inmates committed to state prison. You should follow the pending legislation to keep current on any and all changes that may affect the way custody credits are calculated.
As of April 2010 there is a split in appellate decisions whether the new changes to Penal Code §4019 apply retroactively to pre-sentence custody credit calculations when a defendant was sentenced prior to the January 25, 2010 change in the statute. Three cases, People v. Brown, People v. House, and People v. Landon, (all 2010 cases) all held that the defendant is entitled to the new “half time” calculation. One case People v. Rodriguez reached a contrary conclusion. A hinge point seems to be Penal Code §3 specifying that no part of the Penal Code is retroactive “unless expressly so declared”. Once again it’s important to keep current on the changes and decisions made on this issue. Always consult with legal counsel to be sure you have the most current information.