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Old 09-29-2010, 04:40 PM
PTO-110524 PTO-110524 is offline
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Default PC 4019 has been amended again, repealing half-time credit for county jail sentences

I just received this in an email .....

PC 4019 has been amended again, repealing half-time credit for county jail sentences - going back to 1/3 credit. Clients sentenced to state prison, however, get half-time credit toward their state prison sentence.

SB 76 was signed by the governor today which effectively eliminates half time credit for inmates serving county jail sentences.

Effective 9/29/10, inmates serving misdemeanor county jail sentences and inmates serving felony probation sentences in count jail will only receive 1/3 credit. (see amended PC 4019(a)(1)-(4) and (f) )

Inmates sentenced to state prison will still receive half time credit for the time they serve in county jail toward their state prison sentence. (see amended PC 2933(e)(1) )

Inmates sentenced to prison on a strike or with strike priors that are pled and proved, or with 290 status, will get, at most, 1/3 credit for the time they serve in county jail (reduced to 15% if the inmate is sentenced to prison on a violent felony.)

The newly enacted is to be applied prospectively:

The newly enacted law states that the new provisions are to be applied prospectively only: PC 4019 (g) states "The changes in this section as enacted by the act that added this subdivision shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime that was committed on or after the effective date of that act"

Last edited by Terry; 09-29-2010 at 04:41 PM..
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  #2  
Old 09-29-2010, 05:02 PM
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hhhmm, interesting. The issue is still up for review in the California Supreme Court (Case No. S181963) regarding whether or not the credits are retroactive to cases still "pending" i.e., cases that are up on appeal and not considered "final." The California Appellate Courts have been split on this, some ruling it is retroactive, some ruling it is not. *Keeping my fingers crossed that they rule that it is retroactive to pending appeals!*

http://appellatecases.courtinfo.ca.g...doc_no=S181963
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Old 10-01-2010, 09:28 PM
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I did some research on SB 76, maybe i'm reading it wrong, but its 6 days credit for every 4 days served?

As for PC 4019, time served would only effect inmates that are currently in COUNTY JAIL for a sentenced STATE PRISON conviction. Am I right? It noted that the subdivision of PC 4019, of receiving 1 day credit for every 6th day served will only apply to prisoners whom are serving their time in COUNTY whom was sentenced to a STATE conviction. Those, who are convicted of a sex offender registrable crime, serious felony and anyone with prior convictions, the amendment of the sub division will not apply to those inmates, those inmates will still have the 6 days credit for every 4 days served in actual custody. And any new amendments would only apply to those who were already convicted on or after the bill was signed, and not those that were convicted prior.

Am I right?

Quote:

LEGISLATIVE COUNSEL'S DIGEST


SB 76, Committee on Public Safety. Committee on Public Safety:
Inmates: incentive credits.
Existing law provides time credit for work performance and good
behavior to prisoners confined to a county jail, industrial farm, or
road camp, or any city jail, industrial farm, or road camp.
Specifically, except regarding certain prisoners who are limited to
15% credit against sentenced time, existing law provides that a term
of 4 days will be deemed to have been served for every 2 days spent
in actual custody in one of these facilities, except that a term of 6
days will be deemed to have been served for every 4 days in actual
custody for prisoners required to register as sex offenders,
prisoners committed for a serious felony, or prisoners with a prior
conviction for a serious or violent felony.
This bill would instead provide that prisoners sentenced to state
prison for whom the sentence is executed, except for those required
to register as sex offenders, committed for a serious felony, or with
a previous conviction for a serious or violent felony, who are
confined in a city or county jail, industrial farm, or road camp,
from the date of arrest until state prison credits are applicable,
shall have one day deducted from his or her period of confinement for
every day the prisoner served in a city or county jail, industrial
farm, or road camp. The bill would provide that a prisoner sentenced
to state prison who is confined in a city or county jail, industrial
farm, or road camp may not receive the day-for-day credit if it
appears by the record that the prisoner refused to satisfactorily
perform labor or failed to satisfactorily comply with rules and
regulations, as specified. The bill would provide that, for prisoners
otherwise in a county jail, industrial farm, or road camp, or any
city jail, industrial farm, or road camp for a crime committed on or
after the effective date of this bill, except those subject to the
15% limitation on credits noted above, a term of 6 days will be
deemed to have been served for every 4 days spent in actual custody.
Because this bill would change the punishment for crimes, it would
impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 2933 of the Penal Code is amended to read:
2933. (a) It is the intent of the Legislature that persons
convicted of a crime and sentenced to the state prison under Section
1170 serve the entire sentence imposed by the court, except for a
reduction in the time served in the custody of the Secretary of the
Department of Corrections and Rehabilitation pursuant to this section
and Section 2933.05.
(b) For every six months of continuous incarceration, a prisoner
shall be awarded credit reductions from his or her term of
confinement of six months. A lesser amount of credit based on this
ratio shall be awarded for any lesser period of continuous
incarceration. Credit should be awarded pursuant to regulations
adopted by the secretary. Prisoners who are denied the opportunity to
earn credits pursuant to subdivision (a) of Section 2932 shall be
awarded no credit reduction pursuant to this section. Under no
circumstances shall any prisoner receive more than six months' credit
reduction for any six-month period under this section.
(c) Credit is a privilege, not a right. Credit must be earned and
may be forfeited pursuant to the provisions of Section 2932. Except
as provided in subdivision (a) of Section 2932, every eligible
prisoner shall have a reasonable opportunity to participate.
(d) Under regulations adopted by the Department of Corrections and
Rehabilitation, which shall require a period of not more than one
year free of disciplinary infractions, credit which has been
previously forfeited may be restored by the secretary. The
regulations shall provide for separate classifications of serious
disciplinary infractions as they relate to restoration of credits,
the time period required before forfeited credits or a portion
thereof may be restored, and the percentage of forfeited credits that
may be restored for these time periods. For credits forfeited as
specified in paragraph (1) of subdivision (a) of Section 2932, the
Department of Corrections and Rehabilitation may provide that up to
180 days of lost credit shall not be restored and up to 90 days of
credit shall not be restored for a forfeiture resulting from
conspiracy or attempts to commit one of those acts. No credits may be
restored if they were forfeited for a serious disciplinary
infraction in which the victim died or was permanently disabled. Upon
application of the prisoner and following completion of the required
time period free of disciplinary offenses, forfeited credits
eligible for restoration under the regulations for disciplinary
offenses other than serious disciplinary infractions punishable by a
credit loss of more than 90 days shall be restored unless, at a
hearing, it is found that the prisoner refused to accept or failed to
perform in a credit qualifying assignment, or extraordinary
circumstances are present that require that credits not be restored.
"Extraordinary circumstances" shall be defined in the regulations
adopted by the secretary. However, in any case in which credit was
forfeited for a serious disciplinary infraction punishable by a
credit loss of more than 90 days, restoration of credit shall be at
the discretion of the secretary.
The prisoner may appeal the finding through the Department of
Corrections and Rehabilitation's review procedure, which shall
include a review by an individual independent of the institution who
has supervisorial authority over the institution.
(e) (1) Notwithstanding Section 4019 and subject to the
limitations of this subdivision, a prisoner sentenced to the state
prison under Section 1170 for whom the sentence is executed shall
have one day deducted from his or her period of confinement for every
day he or she served in a county jail, city jail, industrial farm,
or road camp from the date of arrest until state prison credits
pursuant to this article are applicable to the prisoner.
(2) A prisoner may not receive the credit specified in paragraph
(1) if it appears by the record that the prisoner has refused to
satisfactorily perform labor as assigned by, or has not
satisfactorily complied with the reasonable rules and regulations
established by, the sheriff, chief of police, or superintendent of an
industrial farm or road camp.
(3) Section 4019, and not this subdivision, shall apply if the
prisoner is required to register as a sex offender, pursuant to
Chapter 5.5 (commencing with Section 290), was committed for a
serious felony, as defined in Section 1192.7, or has a prior
conviction for a serious felony, as defined in Section 1192.7, or a
violent felony, as defined in Section 667.5.
(f) The provisions of subdivision (d) shall also apply in cases of
credit forfeited under Section 2931 for offenses and serious
disciplinary infractions occurring on or after January 1, 1983.
SEC. 2. Section 4019 of the Penal Code is amended to read:
4019. (a) The provisions of this section shall apply in all of
the following cases:
(1) When a prisoner is confined in or committed to a county jail,
industrial farm, or road camp, or any city jail, industrial farm, or
road camp, including all days of custody from the date of arrest to
the date on which the serving of the sentence commences, under a
judgment of imprisonment, or a fine and imprisonment until the fine
is paid in a criminal action or proceeding.
(2) When a prisoner is confined in or committed to the county
jail, industrial farm, or road camp or any city jail, industrial
farm, or road camp as a condition of probation after suspension of
imposition of a sentence or suspension of execution of sentence, in a
criminal action or proceeding.
(3) When a prisoner is confined in or committed to the county
jail, industrial farm, or road camp or any city jail, industrial
farm, or road camp for a definite period of time for contempt
pursuant to a proceeding, other than a criminal action or proceeding.

(4) When a prisoner is confined in a county jail, industrial farm,
or road camp, or a city jail, industrial farm, or road camp
following arrest and prior to the imposition of sentence for a felony
conviction.
(b) Subject to the provisions of subdivision (d), for each six-day
period in which a prisoner is confined in or committed to a facility
as specified in this section, one day shall be deducted from his or
her period of confinement unless it appears by the record that the
prisoner has refused to satisfactorily perform labor as assigned by
the sheriff, chief of police, or superintendent of an industrial farm
or road camp.
(c) For each six-day period in which a prisoner is confined in or
committed to a facility as specified in this section, one day shall
be deducted from his or her period of confinement unless it appears
by the record that the prisoner has not satisfactorily complied with
the reasonable rules and regulations established by the sheriff,
chief of police, or superintendent of an industrial farm or road
camp.
(d) Nothing in this section shall be construed to require the
sheriff, chief of police, or superintendent of an industrial farm or
road camp to assign labor to a prisoner if it appears from the record
that the prisoner has refused to satisfactorily perform labor as
assigned or that the prisoner has not satisfactorily complied with
the reasonable rules and regulations of the sheriff, chief of police,
or superintendent of any industrial farm or road camp.
(e) No deduction may be made under this section unless the person
is committed for a period of six days or longer.
(f) It is the intent of the Legislature that if all days are
earned under this section, a term of six days will be deemed to have
been served for every four days spent in actual custody.
(g) The changes in this section as enacted by the act that added
this subdivision shall apply to prisoners who are confined to a
county jail, city jail, industrial farm, or road camp for a crime
committed on or after the effective date of that act.
SEC. 3. The Legislature intends that nothing in this act shall
affect Section 59 of Chapter 28 of the Third Extraordinary Session of
the Statutes of 2009, and that this act be construed in a manner
consistent with that section.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
SEC. 5. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to provide for local custody credits in a manner
consistent with historic practices and policies of local law
enforcement officials as soon as possible, it is necessary that this
act take effect immediately.
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Last edited by jdcl0215; 10-01-2010 at 09:52 PM.. Reason: more to add.
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Old 10-02-2010, 09:35 AM
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Quote:
Originally Posted by jdcl0215 View Post
I did some research on SB 76, maybe i'm reading it wrong, but its 6 days credit for every 4 days served?

As for PC 4019, time served would only effect inmates that are currently in COUNTY JAIL for a sentenced STATE PRISON conviction. Am I right? It noted that the subdivision of PC 4019, of receiving 1 day credit for every 6th day served will only apply to prisoners whom are serving their time in COUNTY whom was sentenced to a STATE conviction. Those, who are convicted of a sex offender registrable crime, serious felony and anyone with prior convictions, the amendment of the sub division will not apply to those inmates, those inmates will still have the 6 days credit for every 4 days served in actual custody. And any new amendments would only apply to those who were already convicted on or after the bill was signed, and not those that were convicted prior.

Am I right?
As for PC 4019, time served would only effect inmates that are currently in COUNTY JAIL for a sentenced STATE PRISON conviction. Am I right?

I think anyone who is serving a State sentence (even if they are being housed in County), gets the benefit of the reduction.

Anyone who is serving under the 85% sentencing guidelines does not get the benefit of 4019, it has been that way from the beginning.

I interpret this new repeal to mean that if an inmate is only serving County time, they don't get the benefit of 4019. Although in LA County, it doesn't seem to really matter because of all the early release measures due to overcrowding.
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Old 10-03-2010, 10:01 AM
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Quote:
Originally Posted by ARoman View Post
As for PC 4019, time served would only effect inmates that are currently in COUNTY JAIL for a sentenced STATE PRISON conviction. Am I right?

I think anyone who is serving a State sentence (even if they are being housed in County), gets the benefit of the reduction.

Anyone who is serving under the 85% sentencing guidelines does not get the benefit of 4019, it has been that way from the beginning.

I interpret this new repeal to mean that if an inmate is only serving County time, they don't get the benefit of 4019. Although in LA County, it doesn't seem to really matter because of all the early release measures due to overcrowding.
bleh... i don't like legal lingo.

lol! its up to interpretation to each.. =/
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Old 03-10-2011, 07:02 PM
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Im really confused about the amended PC4019 and how it applies to my daughter who is in county jail.
Hoping someone with more knowledge can educate me.
The crime she was sentenced for yesterday (3/09/2001) was actually committed on 11/24/2009. This will sound corny, bad but she didnt actually commit the crime, her b/f did and asked her to take the charge as he had a record and hers was clean, she did that against our advice!
She was originally sentenced on 1/10/2010 to 3 yrs formal probation and 120 dys in county of which she had to serve 10 dys actually in custody the rest as work release. During this time we moved to another county and she couldnt get to the work release which was in our old county (she had just turned 18 and had no DL or car and we both worked) so a felony warrent was issued last july (2010).
She also got in trouble in our new county with the same b/f and was put on probation here. That was revoked in January 2011 and she went to jail here (her b/f was a heroin addict and then she started using too) so her probation was revoked because she was again using with him and it was reported. The original crime was him breaking a car window and stealing a purse, the DA charged burglary, petty theft and defrauding the property of another.
So when her sentence in this county was done (3 months) she was transferred to the other and held til she saw the judge.
The DDA had paperwork all ready to send her to state prison for 16 months, but her probation officer (who took over her case after the warrant was issued said he didnt want her to serve time, just come back to our county where she will be doing drug court for a year, transfer her probation/case to this county and continue her probation. He knew she owed time in that county but was hoping they would apply some credit for the time she'd served in this county, no such luck.
Her public defender was able to get the DDA to okay her serving the balance of her original sentence. She signed for that, her public defender said she would actually serve about 47 days because the judge gave her CTS of 14 dys plus 14 dys persuant to PC4019. That would leave 92 days net, of which he said shed serve the 47 days.
when the judge actually sentenced her he wasnt happy about the deal but didnt override it and sentenced her to 92 days.
Our daughter called us last night and said she'd worked it out and her release date would be april 25th, then called again this morning and said the jail had it as may 10th. Would I call and find out the discrepancy!
I did call and the deputy agreed there was some kind of mistake and she had a supervisor working to correct it and we'd have an answer by Saturday.
Then I started reading the 4019 news and am so worried because im not sure if she'll get half time , it almost seems that it'll be a 1/3 time off so now her release date may be further away! Maybe I shouldnt have called!
Im sorry this is long but i wanted to be sure and include dates of sentence, crime and the crime as it may help someone with a good understanding of this penal code figure out what the hecks going on.
My husband and I know nothing about the system, except what we've learned through our daughter.
Im hoping someone may be able to help me understand what time she will actually need to serve.
On the bright side she never wants to see this guy again, yay!
concerned, confused and hopeful.
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