Calculating Jail Custody Credits
Determine if you are eligible for the new jail credits.The new rules governing custody credits apply to all defendants, except those who: (1) are registered sex offenders, (2) are serving jail time for committing a violent felony, or (3) have a prior serious or violent felony conviction. The applicable statute is Penal Code section 4019.
Note that this law is also inapplicable to pre-sentencing credits received by people who are sentenced to state prison for life, or for committing a violent felony.
Calculate the credits.Eligible defendants will receive two days of additional credit for every two days of actual jail custody time that they serve. In other words, a defendant who is sentenced to 60 days in jail must serve only 30 days of actual jail time. This is an increase from the former rule, which required jail inmates to serve two-thirds of their time.
Read more about the new laws at the links posted below.A copy of the bill that enacted these changes (SBX3 18) is available below. In addition, I invite you to visit my blog, where I discuss the changes to Penal Code section 4019 in greater detail.