[ABX1 17 amended AB 117, whch amended AB 109’s provsons.]
1. Amended Penal Code Section 4019 Conduct Credits
Pursuant to the amendments to Penal Code secton 4019, conduct credts for all jal nmates were ncreased from one-thrd off to “half tme.” A term of four days wll be deemed to have been served for every two days spent n actual custody (n shorthand, two days for every two days served).
Wth the exceptons noted below, ths formula apples to all nmates, felons and
msdemeanants, and wthout regard to crmnal hstory or current charges, whle servng any tme n custody n jal, or servng a term of mprsonment pursuant to secton 1170(h).
In theory, to calculate good tme credts under the new formula, an even number of actual credts should be dvded by two, and then multpled by two. Wth an odd number of actual credts, subtract one, dvde by two, and then multply by two.
In realty, calculaton s much easer. For even numbers of actual credts, the number of good tme credts must equal the number of actual credts. For example, a defendant wth 100 actual credts wll receve 100 good tme credts for a total of 200 credts.
Example 1: 100 actual days + 100 conduct credts 200 total credts
For an odd number of actual credts, subtract one day, and the result s the number of good tme credts. For example, f a defendant serves 17 actual days, subtract one day to get 16 good tme credts, for a total of 33 days of credts. Remember, conduct credts pursuant to Penal Code secton 4019, always come n pars of two, so a defendant can never earn an odd number of conduct credts, and conduct credts can be earned only after the defendant s sentenced to at least four days of custody. A defendant must be ordered to serve at least four days n local custody before any credts are earned as amended secton 4019(f) provdes that,
“It s the ntent of the Legslature that f all days are earned under ths secton, a term of four days wll be deemed to have been served for every two days spent n actual custody.”
Example 2: 17 actual days
+ 16 conduct credts (17 - 1) 33 total credts
The new formula wll only apply to a defendant who commts a crme on or after October 1, 2011.
Prosecutors are advsed to pay careful attenton to the date the crme was commtted to determne whch conduct calculatons apply, as Penal Code secton 4019 has been amended multple tmes snce January 2010.
For example, f a crme was commtted between September 28, 2010, and September 30, 2011, but the defendant s sentenced pursuant to Penal Code secton 1170(h) after October 1, 2011, the defendant wll be enttled to two days of credt for every four days served (or 33% good conduct credts). If the same defendant was sentenced on September 30, 2011, to the same term of mprsonment, t would be served n state prson, but two days of good conduct credts would be earned for every two days served (50% good conduct credts). Thus a defendant elgble for mprsonment n local custody who s sentenced after October 1, 2011, may earn fewer good conduct credts when sentenced to a local term of mprsonment than an offender who s servng a term n state prson. Ths may rase an equal protecton argument.
2. Penal Code Section 2933: Conduct Credits for Prison-Bound Defendants [ABX1 17]
Penal Code secton 2933 provdes the formula for calculatng prson conduct credts. Former secton 2933(e) was the formula for calculatng conduct credts for prson-bound defendants.
Under the old verson of secton 2933(e), when a defendant was sentenced to state prson, conduct credts were calculated day for day (one day deducton for every day served). Ths method of calculatng 50% conduct credts s slghtly dfferent from the method used under the new verson of Penal Code secton 4019. Thus an offender sentenced to state prson could receve the extra day of credt that secton 4019 omts when the actual credts are an odd number, unless the convcton was for a serous felony, or the defendant had a pror convcton for a serous or volent felony, or the defendant was requred to regster as a secton 290 sex offender. Pursuant to Penal Code secton 2933(e), 50 percent conduct credts equal the actual number of credts, and may be even or odd. For example, the defendant above wth 17 days of actual custody wll receve 17 days of conduct credts pursuant to secton 2933(e) for a total of 34 days of credt upon a sentence to state prson.
However, ABX1 17 amended Penal Code secton 2933 by elmnatng subdvson (e) and deletng all references to Penal Code secton 4019. Thus for any felon who commts an offense on or after October 1, 2011, and s sentenced to state prson, the court wll calculate secton 4019 conduct credts under the new formula n secton 4019 nstead of the secton 2933(e) formula. Prson credts wll be calculated separately by CDCR pursuant to Penal Code secton 2933. Thus, offenders wll not receve the secton 2933(e) bonus day of credt upon a sentence to state prson.
For offenders who commtted crmes pror to October 1, 2011, secton 2933(e) wll stll apply, as wll the old secton 4019 credt calculaton. Thus, offenders who are requred to regster as sex offenders, commtted for a serous (Penal Code § 1192.7(c)) felony, or who have a pror convcton for a serous or volent felony and are prson bound, wll receve only one-thrd pre-sentence conduct credts pursuant to the old Penal Code secton 4019.
Remember, for offenders who commt ther crmes pror to October 1, 2011, pursuant to Penal Code secton 2933(e), day-for-day conduct credts are only ordered for state prson-bound nmates who are (1) not sentenced for a serous felony, (2) are not secton 290 regstrants, and (3) do not have a serous or volent pror.
3. Exceptions
When a volent felon s sentenced to state prson, Penal Code secton 2933.1 apples and the defendant’s conduct credts are calculated at 15 percent. (Per Penal Code secton 2933.1,
“[n]otwthstandng any other law ….” )
Penal Code secton 2933.2 contnues to provde for zero conduct credts for murderers (“[n]otwthstandng Secton 2933.1 or any other law ….”).
Defendants sentenced to prson wth a strke pror, whle retanng ther secton 4019 conduct credts, wll earn only 20 percent credts n state prson.
4. Prospective Application
Ths change s to be appled prospectively to prsoners confined n jal for a crme commtted on or after October 1, 2011. Any days earned by a prsoner pror to October 1, 2011, shall be calculated at the rate requred by the pror law (e.g., usng the one-thrd formula n Penal Code secton 4019 for crmes commtted September 28, 2010 through September 30, 2011).
[Note: The prospectve applcaton of Penal Code secton 1170(h) s a bt dfferent. Secton 1170(h) sentencng provsons apply to any defendant sentenced on or after October 1, 2011, whch means that secton 1170(h) can apply to pre-October 1, 2011 crmes.]
5. Penal Code Section 4019 Conduct Credits Apply to Penal Code Section 1170(h) Terms of Imprisonment, and Postrelease Community Supervision or Parole Revocations
Pursuant to new Penal Code secton 4019(a)(5), confinement n a jal, ndustral farm, or road camp as part of a custodal sancton mposed for a volaton of postrelease communty supervson or a volaton of parole earns Penal Code secton 4019 conduct credts at the rate of two days for every two days served.
Pursuant to new Penal Code secton 4019(a)(6), conduct credts also apply to secton 1170(h) jal sentences at the rate of two days for every two days served.
6. Penal Code Section 4019 Conduct Credits Do NOT Apply to Flash Incarceration Pursuant to new Penal Code secton 4019(), no conduct credts may be earned for perods of flash ncarceraton mposed pursuant to secton 3000.08 (specfied nmates released from state prson on parole on or after October 1, 2011) or secton 3454 (specfied nmates released from state prson on postrelease supervson on or after October 1, 2011).
7. Conservation Camp Credits (Penal Code § 4019.2) [Added by ABX1 17]
Penal Code secton 4019.2 provdes that a jal nmate assgned to a conservaton camp by a sherff wll earn two days of credt for every one day of ncarceraton. Ths ncreased conduct credt formula also apples to an nmate who has completed tranng for assgnment to a conservaton camp or who s assgned to a state or county correctonal nsttuton as an
nmate firefighter. In addton, nmates who successfully complete tranng for firefighter assgnments shall receve a credt reducton from the term of confinement.
The last secton regardng completng tranng for firefighter assgnments s partcularly unclear snce t does not ndcate how much credt reducton an nmate could receve for completng tranng.
The provsons of new Penal Code secton 4019.2 are almost dentcal to those n exstng secton 2933.3, whch provdes for two days of credt for every one day of ncarceraton for state prson nmates assgned to conservaton camps or state prson nmates who have completed tranng for assgnment to a conservaton camp or who are assgned to a correctonal nsttuton as an nmate firefighter.
8. Victims’ Rights Implications
These provsons may mplcate vctms’ rghts to truth n sentencng. The Calforna Consttuton forbds early release polces that substantally dmnsh crmnal penaltes for the sake of allevatng custodal overcrowdng. (Art. I, § 28(f)(5).)
XI. Statutes of Limitation (Penal Code §§ 800, 801, 803) A. Penal Code Section 800
[ABX1 17 amends AB 117, whch amended AB 109’s verson.]
Penal Code secton 800 s a sx-year statute of lmtatons for commencng an acton. It s amended to add Penal Code secton 1170(h) offenses that are punshable by eght years or more n jal to those crmes (offenses punshable for eght years or more n state prson) whose prosecuton may be commenced wthn sx years of the commsson of the offense.
B. Penal Code Section 801