In California's county jails and other incarceration facilities, inmates can often reduce the length of their sentences through "custody credits," outlined under Penal Code 4019 PC. These credits allow a defendant to receive up to 50% of their jail sentence as credit.
These credits, often known as "4019 credits," allow eligible individuals to shorten their sentences by up to 50% for maintaining good behavior and participating in approved programs. Custody credits provide a structured path for inmates to work toward early release while adhering to institutional rules and engaging in rehabilitation efforts.
In California, custody credits, also known as presentence custody credit, are calculated based on actual time served in county jail, industrial farms, or other specified locations.
Specifically, Penal Code 4019 says that for every four days of actual custody, a defendant receives two days of conduct credit. If a defendant serves eight days in jail, they would receive 12 days of credit (eight actual days + four conduct credits). This effectively gives a defendant roughly one-half off their sentence.
As noted, this law outlines how custody credits are calculated for individuals confined in county jails, industrial farms, city jails, work release programs, or road camps. Custody credit is calculated from the date of arrest to the date of sentencing. Any part of a day spent in custody is counted as a full day.
What is Rule 4.310?
California Rules of the Court, Rule 4.310 Determination of presentence custody time credit, is a crucial guideline that dictates how custody time credits are determined and recorded. It says -
"At the time of sentencing, the court must cause to be recorded on the judgment or commitment the total time in custody to be credited on the sentence under Penal Code sections 2900.5, 2933.1(c), and 2933.2(c).
On referral of the defendant to the probation officer for an investigation and report under Penal Code section 1203(b) or 1203(g), or on setting a date for sentencing in the absence of a referral, the court must direct the sheriff, probation officer, or other appropriate person to report to the court and notify the defendant or defense counsel and prosecuting attorney within a reasonable time before the date set for sentencing as to the number of days that defendant has been in custody and for which he or she may be entitled to credit. Any challenges to the report must be heard at the time of sentencing."
What Are Custody Credits?
The sentencing court, a pivotal player in the legal system, meticulously calculates the number of days the defendant has been in custody before sentencing and accurately reflects the total credits allowed on the abstract of judgment.
This rigorous process ensures the fairness and integrity of the determination of custody credits.
Custody credits, a form of time reduction, serve a dual purpose. They not only incentivize good behavior by rewarding inmates who comply with the rules of incarceration facilities, but also encourage active engagement in activities that promote rehabilitation. This dual purpose underscores the system's commitment to fostering positive change within the correctional system.
These credits are not exclusive to convicted inmates serving time in county jails; they also apply to certain individuals serving felony sentences or probation terms in county facilities under California's realignment policies. Additionally, inmates serving state prison terms for most felonies can similarly earn these credits under the provisions of Penal Code 2933 PC.
How Custody Credits Are Calculated
The calculation of custody credits depends on the type of credit the inmate qualifies for under California law. For most individuals in county jails, as outlined in Penal Code 4019, custody credits are calculated on a "two-for-four" basis. This means an inmate earns two days of credit for every four actual days spent in custody. By consistently maintaining good behavior and participating in qualifying programs, inmates may effectively reduce their sentencing by up to 50%.
For individuals serving time in state prison for most felonies, Penal Code 2933 governs the system of "day-for-day" credit, where inmates earn one day of credit for each day served. This allows eligible state prisoners to reduce their sentence by half for maintaining good conduct over six months of continuous incarceration, aligning with the principle of six months' credit for six months of good behavior.
When Time Served Begins Accruing
Custody credits begin accruing from the date of arrest, not just from the time of formal sentencing. This means that any time spent in custody awaiting trial or resolution of a case counts toward the overall computation of credits.
For example, if an individual spends 30 days in jail before their trial and subsequently receives a sentence, the time served during pretrial custody will be included in the credit calculation. This provision ensures that individuals who are detained while awaiting court proceedings are not penalized by losing out on potential reductions to their sentence, thereby upholding the fairness of the legal process.
Who Is Eligible?
Custody credits under Section 4019 were initially intended mainly for sentences served in county jails (misdemeanors). However, with additional legislation and evolving case law, these credits are now available to most inmates, whether they are serving time in county jail or state prison.
This includes those convicted of misdemeanors, serving felony probation in county jail, and those serving state prison sentences for most felonies. Understanding these eligibility criteria empowers individuals to assert their rights.
- Misdemeanor Convictions: Individuals convicted of misdemeanors and serving their sentence in county jail are eligible to earn custody credits under Penal Code 4019.
- Felony Probation in County Jail: Under California's realignment laws, those serving sentences for felony probation in county jail may also earn two days of credit for every four days served. This applies to non-violent, non-serious, and non-sexual felonies.
- State Prison Sentences for Most Felonies: Under Penal Code 2933, inmates serving state prison sentences for most felonies are subject to day-for-day credits, which allow them to cut their sentences in half for good conduct over a prolonged duration.
As stated, all misdemeanor crimes are eligible for PC 4019 custody credits. Common felony crimes eligible for PC 4019 credits include the following:
- Inflict corporal injury to spouse (PC 273.5),
- Assault with a deadly weapon (PC 245),
- Child endangerment (PC 273a),
- Criminal threats (PC 422),
- Felony DUI (VC 23152),
- Joyriding (VC 10851),
- Grand theft (PC 487),
- Perjury (PC 118),
- Welfare fraud (WIC 10980),
- Vandalism (PC 594),
- Statutory rape (PC 261.5).
PC 4019 credits do not apply to "flash incarceration" for parole violations where the incarceration is imposed pursuant to PC 3000.08 or 3454. Minor parole violations, such as missing a meeting with a parole officer or failing a drug test, might lead to a flash incarceration.
Who Is Excluded?
While most inmates can benefit from custody credits, a few offenses, including certain violent felonies, have strict limitations or outright exclusions.
For individuals convicted of violent felonies, as listed in Penal Code 667.5, custody credits are capped at 15%. This means that for every six days of qualifying conduct, inmates may earn credit for only one day. Examples of these felonies include, but are not limited to:
- Arson,
- Robbery,
- Kidnapping,
- Attempted murder,
- Voluntary manslaughter,
- Rape and other serious sex crimes,
- Other offenses punishable by death or life imprisonment.
Those sentenced for murder are entirely excluded from earning custody credits.
Why You Need a Defense Lawyer
Different laws apply to post-sentence credits after the initial period of incarceration for individuals sentenced to state prison. For example, California Penal Code 2933(b) governs post-sentence conduct credit for inmates in state prison.
Realignment laws have changed the way custody credits are awarded, with some exclusions based on prior convictions or serious felonies being removed. Any challenges to the calculation of custody credits must be presented to the court at the time of sentencing.
If a defendant believes there has been an error in calculating their custody credits, they can request a correction. For more information, contact our California criminal defense lawyers, Eisner Gorin LLP, located in Los Angeles.
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