Originally PC 4019 provided for 2 days credit for every 4 days served in county jail, except for violent or serious felonies and SVP's. On January 25, 2010, the legislature amended the law to provide 2 days credit for 2 days served on all but the exceptions already noted. Now effective September 29, 2010 another amendment has taken effect. The old 2 for 4 day has been reinstated for everyone except violent felons and SVP's. The big exception is that those awaiting transfer to state prison in county jail will receive the same half-time credits they will receive in state prison.
When Does the Most Recent Change Take Effect?
September 29 of course. The complication arises for people who were arrested before September 29, 2010, but not sentenced until after that date. Under which regime will their credits be calculated? The answer is the regime that existed from January 25, 2010 until September 28, 2010. In other words these people, even if they are only doing local time, will still receive half-time credits. Another complication arises for those who have been given probation before September 29, 2010 but violate its terms after September 29, 2010. The answer is that the half-time credits will still apply to the grant of probation. Of course if a new crime is charged the most recent law would apply to credits for that offense.
What About Violent Felons and SVP's?
These people will only get 15% credit for local time. While they are awaiting trial the Sheriff will calculate their credits on a 2 for 4 rule basis. Once convicted and transported to prison the CDC will recalculate these credits and allow only 15% for both local and state prison time.
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