Custody Credits in California
In California's county jails and other detention facilities, inmates can frequently shorten their sentences with "custody credits" under Penal Code 4019 PC. These credits permit a defendant to earn up to 50% of their jail time as credit.
These credits, commonly referred to as "4019 credits," enable eligible individuals to reduce their sentences by up to 50% through good behavior and participation in approved programs.
Custody credits offer a structured route for inmates to work toward early release while following institutional rules and engaging in rehabilitation.
In California, custody credits, also known as presentence custody credits, are based on the actual time spent in county jail, industrial farms, or other designated facilities.
Penal Code 4019 PC
Under Penal Code 4019, for every four days of detention, a defendant earns two days of conduct credit.
For instance, serving eight days in jail would result in 12 days of credit—eight days of detention plus four conduct credits—effectively reducing the sentence by about half.
This law explains how custody credits are computed for individuals held in county jails, industrial farms, city jails, work release programs, or road camps.
The credit begins from the arrest date and continues until sentencing. Any portion of a day spent in custody counts as a full day.
Rules of the Court 4.310
California Rules of Court, Rule 4.310, specifies how to determine presentence custody-time credit.
"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 Exactly Are Custody Credits?
The sentencing court is tasked with calculating the number of days the defendant has spent in custody prior to sentencing and recording the total credits on the abstract of judgment.
Additionally, the court must determine the actual time and conduct credits to be applied to the sentence at sentencing, highlighting the court's role in the legal process.
Custody credits are reductions in the time served in incarceration granted to inmates who follow facility rules and participate in rehabilitative activities such as education or work.
Their main goal is to motivate good behavior and encourage inmates to actively participate in activities that support their development and rehabilitation.
These credits are available not only to inmates in county jails who are convicted and serving time, but also to certain individuals with felony sentences or on probation within county facilities, according to California's realignment policies.
Furthermore, inmates in state prisons serving most felony sentences can also earn these credits, as outlined in Penal Code 2933.
How Custody Credits Are Determined
The way custody credits are calculated depends on the specific credit an inmate qualifies for under California law.
Generally, for most county jail inmates, as specified in Penal Code 4019, credits are awarded on a "two-for-four' basis—meaning two days of credit are earned for every four days in custody.
Good behavior and participation in eligible programs can help inmates shorten their sentences by as much as half.
For most felonies, Penal Code 2933 regulates 'day-for-day' credit, allowing inmates to reduce their sentence by earning one day of credit for each day served.
Eligible state prisoners can cut their sentence in half by exhibiting good conduct over six months of continuous incarceration, reflecting the principle of earning six months' credit for six months of good behavior.
When Time Served Begins
Custody credits start accumulating from the arrest date, not just after sentencing. This means that any time spent in custody before trial or case resolution counts toward the total credits.
For instance, if someone spends 30 days in jail before their trial and then receives a sentence, that pretrial time will be included in the credit calculation.
This rule helps ensure that individuals detained while awaiting court proceedings are not unfairly penalized by losing potential sentence reductions, thereby supporting fairness in the legal process.
Who Qualifies for Custody Credits?
Custody credits under Section 4019 were originally intended primarily for sentences in county jails, particularly for misdemeanors.
However, due to new legislation and changing case law, these credits now generally apply to most inmates, whether they are confined in county jails or state prisons. This includes:
- Misdemeanors: Individuals convicted of misdemeanors and serving their sentence in county jail can earn custody credits according to Penal Code 4019, such as Penal Code 261.5 statutory rape.
- Felony Probation: Under California's realignment laws, individuals serving felony probation in county jail can earn two days of credit for every four days served. This applies specifically to non-violent, non-serious, and non-sexual felonies.
- State Prison Sentences: Under Penal Code 2933, inmates serving prison sentences for most felonies can earn day-for-day credits, reducing their sentences by half for consistent good behavior over time.
PC 4019 credits do not count towards 'flash incarceration' for parole violations where the incarceration is ordered under PC 3000.08 or 3454. Minor violations like missing a parole officer meeting or failing a drug test can result in flash incarceration.
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 rape and other serious sex crimes, and other offenses punishable by death or life imprisonment.
Why You Need a Defense Lawyer
Different laws govern post-sentence credits after the initial incarceration period for individuals sentenced to state prison. For instance, California Penal Code 2933(b) specifies the rules for conduct credits for state prison inmates.
Realignment laws have altered how custody credits are awarded, removing some exclusions related to prior convictions or serious felonies. Any disputes over custody credit calculations must be raised in court during sentencing.
If a defendant believes there was an error in how their custody credits were calculated, they can request a correction. For further details, reach out to our California sex crime attorneys at Hedding Law Firm in Los Angeles.