California Criminal Trial Manual

Credits

Credits Reference Guide

If Conviction is for Generic Felony and sentenced to:

  • Probation: Pre-Sentence = 50% (2-for-2) // Post-Sentence = 50% (2-for-2)
  • 1170(h): Pre-Sentence = 50% (2-for-2) // Post-Sentence = 50% (2-for-2)
  • CDC: Pre-Sentence = 50% (2-for-2) // Post-Sentence = 50% (1-for-1)

If Conviction is for Serious Felony and sentenced to:

  • Probation: Pre-Sentence = 50% (2-for-2) // Post-Sentence = 50% (2-for-2)
  • CDC: Pre-Sentence = 50% (2-for-2) // Post-Sentence = 50% (1-for-1)

If Conviction is for Violent Felony and sentenced to:

  • Probation: Pre-Sentence = 50% (2-for-2) // Post-Sentence = 50% (2-for-2)
  • CDC: Pre-Sentence = 15% // Post-Sentence =  15%

If Conviction is for 2K (non-violent) and sentenced to:

  • CDC: Pre-Sentence = 50% (2-for-2) // Post-Sentence = 20% by statute, 50%  (1-for-1) by Prop 57

If Conviction is for 3K (non-violent) and sentenced to:

  • CDC: Pre-Sentence = 50% (2-for-2) // Post-Sentence = 50% (1-for-1)

If Conviction is for Indeterminate and sentenced to:

  • Probation: Pre-Sentence = 50% (2-for-2) // Post-Sentence = 50% (2-for-2)
  • CDC: Pre-Sentence = 15% // Post-Sentence = 33.3% (1-for-2) by Prop 57

Custody Credits

Conduct Credits: CJ

  • Conduct Credits (CJ) [PC 4019]
    • Function. Serve to increase custody credit totals through both good behavior and work while in custody.
    • Scope. PC 4019 provides conduct credits for both misdemeanants and felons where confined to CJ:
      • Under a judgment of imprisonment. (PC 4019(a)(1).)
      • After suspension/execution of sentence. (PC 4019(a)(2).)
      • Following arrest and prior to imposition of sentence for felony conviction. (PC 4019(a)(4).)
      • As part of custodial sanction following PRCS/Parole violation. (PC 4019(a)(5).)
      • As result of a prison sentence per 1170(h). (PC 4019(a)(6).)
    • Presentence Conduct Credits. Calculated according to PC 4019.
      • All felony & misdemeanor convictions where D has been in custody prior to sentencing, D shall be given presentence credit pursuant to PC 4019. (PC 2900.5(a).)
    • Limits on Presentence Conduct Credits
      • Violent Felonies. Maximum 15% limitation on amount of worktime credits a D may earn in state prison. (PC 2933.1(a).) This applies to local presentence custody prior to state prison confinement. (PC 2933.1(c).)
        • Calculation. Actual presentence custody days multiplied by 15%, eliminating any remainder.
          • Ex: 11 days actual -> 1 days behavioral credits, for total 12d CTS
          • Ex: 465 days actual -> 69 days worktime credit, for total 534d CTS
        • Applies where D sentenced to violent & non-violent offense consecutively. (People v. Ramos (1996) 50 Cal.App.4th 810, 817.)
        • Does not apply to credits earned under PC 4019 for local confinement ordered as a condition of probation for commission of a violent felony. Such credits are calculated in the traditional “1-for-2, or 2-for-2” days actual custody (In re Carr (1998) 65 Cal.App.4th 1525, 1536.)
    • Calculation. 2-for-2 / 50%
      • Work Time: For each 4-day period, one day shall be deducted. (PC 4019(b).)
      • Good Time: For each 4-day period, one day shall be deducted. (PC 4019(c).)
      • Any portion of calendar day spent in custody constitutes one day of credit. (In re Jackson (1986) 182 Cal.App.3d 439, 441-443.)
      • NO deduction for conduct credit unless committed for a period of four days or longer. (PC 4019(e).)
      • Total Custody Days / 2, delete any remainder, multiply by 2.
        • Ex: 11 days actual –> 10d good time/work time, for total 21d CTS

Conduct Credits: CDC

  • Conduct Credits (CDC) [PC 2933]
    • Calculation. 1-for-1 / 50%
      • For every 6 months of continuous incarceration, a prisoner shall be awarded credit reductions from the term of confinement of 6 months. (PC 2933.)
      • 1-for-1 / 50%
      • Credits may be forfeited (PC 2932)
    • Limits on Conduct Credits (CDC)
      • Violent Felony. (PC 2933.1)
        • Pre-Sentence Conduct Credits capped at 15%; Post-Sentence Conduct Credits capped at 33.3%
        • Applies even if violent felony stayed per PC 654
        • Applies even if violent-enhancement struck per PC 1385(b)
        • Does not apply if probation is granted
        • Applies to the Aggregate Term, whether c/s or c/c (but In re Reeves (2005) 35 Cal.4th 765.)
      • Murder (PC 2933.2)
      • Three-Strikes Law [PC 667(c)(5) / PC 1170.12(a)(5)]
        • Post-Sentence Conduct Credits capped at 20%. (PC 1170.12(a)(5); PC 667(c)(5).)
        • Does not apply if strike is dismissed.
      • Serious Sex Crimes [PC 667.61 // PC 667.71]
      • Indeterminate Terms
        • Good conduct credits don’t count towards MEPD date
      • But see Title 15, CCR, § 3043.2 (Prop 57)
        • REMEMBER: POST-SENTENCE CREDITS

Misc. Credit Issues