Custody Credits in California - Penal Code 4019 PC
"PC 4019 Credits" refers to California Penal Code 4019 PC, which deals with an inmate's “custody credits,” or the amount of credit they are given towards reducing their jail or prison sentence.
For instance, a defendant sentenced to 90 days in jail may be eligible to earn up to 50% off their sentence if they demonstrate good behavior. This system, designed to be fair, allows for a reduction from 90 days to 45 days if the first 45 days are served with good behavior, providing a fair opportunity for sentence reduction.
However, PC 4019 credits do not apply to all crimes, and even when PC 4019 credits are applicable to a certain criminal offense, other conditions may need to be met before those custody credits can be earned.
PC 4019 applies when the defendant is confined or committed to a county jail, industrial farm, city jail, work release program, or road camp. They are calculated from the date of arrest to the date of sentencing. In other words, all time spent in county jail is used to calculate 4019 credits.
Custody credits apply to all misdemeanor and some felony crimes. Additionally, they apply to all jail and work release sentences related to a violation of probation or parole, excluding “flash incarceration," and to all sentences related to a commitment to a mental health facility.
Simply put, 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. For every four days of actual custody, a defendant receives two days of conduct credit.
Custody Credits Quick Facts
- The court responsible for the sentencing is also tasked with calculating the number of days the defendant has been in custody prior to sentencing, ensuring a transparent process.
- The court must determine the time and conduct credits to be awarded against the sentence at the time of sentencing.
- Custody credits are a form of time reduction awarded to inmates who comply with the rules of incarceration facilities.
- Custody credits begin accruing from the date of arrest, not just from the time of formal sentencing.
- The calculation of custody credits depends on the type of credit the inmate qualifies for under California law.
- By maintaining good behavior and participating in qualifying programs, such as educational courses or vocational training, inmates may effectively reduce their sentencing by up to 50%.
- For state prison inmates, PC 2933 has a "day-for-day" credit, where inmates earn one day of credit for each day served.
- The purpose of custody credits is not only to reduce sentences but also to encourage good behavior and provide an incentive for inmates to actively participate in activities that contribute to their personal development and rehabilitation.
- Custody credits also apply to inmates serving felony sentences or probation terms in county facilities under California's realignment policies, which were implemented to reduce prison overcrowding by shifting the responsibility for certain non-violent, non-serious, and non-sexual offenders from state prisons to county jails.
- Credits do not apply to 'flash incarceration' for parole violations where the incarceration is imposed pursuant to PC 3000.08 or 3454. Flash incarceration is a brief, immediate incarceration for a parole violation, typically lasting a few days, and is not eligible for custody credits.
Rules of the Court 4.310
California Rules of the Court, Rule 4.310 Determination of presentence custody time credit 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."
Who Is Eligible?
Custody credits are available to most inmates, whether they are serving time in a county jail or a state prison. This includes defendants convicted of misdemeanors and serving their sentences in county jails, as well as inmates serving sentences for felony probation in county jails under California's realignment laws. Let's review who is eligible below:
- Defendants convicted of misdemeanors and serving their sentence in county jail are eligible to earn custody credits.
- Under California's realignment laws, inmates serving sentences for felony probation in county jail may also earn two days of credit for every four days served, and this applies to non-violent, non-serious, and non-sexual felonies.
- Under Penal Code 2933, inmates serving state prison sentences for most felonies can receive day-for-day credits.
What are the Eligible Crimes?
All misdemeanor crimes are eligible for PC 4019 custody credits, and some common felony crimes, such as the following:
- Assault with a deadly weapon (PC 245),
- Corporal injury to spouse (PC 273.5),
- Statutory rape (PC 261.5).
- Child endangerment (PC 273a),
- Criminal threats (PC 422),
- Felony DUI (VC 23152),
- Grand theft (PC 487).
Who are Excluded Inmates?
Some serious offenses carry strict limitations or are even excluded, such as PC 187 murder. Defendants convicted of violent felonies under Penal Code 667.5 have custody credits capped at 15%, meaning that for every six days of qualifying conduct, inmates may earn credit for only one day. Examples include the following crimes:
- Kidnapping,
- Attempted murder,
- Voluntary manslaughter,
- Robbery,
- Arson,
- Rape,
- Other serious sex crimes.
What Does PC 4019 Say?
The full statutory text of California Penal Code 4019 PC says -
"(a) This section applies 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 a city jail, industrial farm, or road camp, including all days of custody from the date of arrest to the date when the sentence commences, under a judgment of imprisonment or of 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 a county jail, industrial farm, or road camp, or a 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 a county jail, industrial farm, or road camp, or a city jail, industrial farm, or road camp for a definite period 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.
(5) When a prisoner is confined in a county jail, industrial farm, or road camp, or a city jail, industrial farm, or road camp as part of a custodial sanction imposed following a violation of post-release community supervision or parole.
(6) When a prisoner is confined in a county jail, industrial farm, or road camp, or a city jail, industrial farm, or road camp as a result of a sentence imposed pursuant to subdivision (h) of Section 1170.
(7) When a prisoner participates in a program pursuant to Section 1203.016 or Section 4024.2. Except for prisoners who have already been deemed eligible to receive credits for participation in a program pursuant to Section 1203.016 prior to January 1, 2015, this paragraph shall apply prospectively.
(8) When a prisoner is confined in or committed to a state hospital or other mental health treatment facility, or a county jail treatment facility, as defined in Section 1369.1, in proceedings pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2.
(b) Subject to subdivision (d), for each four-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 the prisoner's 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 four-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 the prisoner's 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) This section does not 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 an industrial farm or road camp.
(e) A deduction shall not be made under this section unless the person is committed for four days or longer.
(f) The Legislature intends that if all days are earned under this section, a term of four days will be deemed to have been served for every two days spent in actual custody.
(g) The changes in this section, as enacted by Act 1 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.
(h) The changes to this section enacted by the Act 2 that added this subdivision shall apply prospectively. They 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 October 1, 2011. Any days earned by a prisoner prior to October 1, 2011, shall be calculated at the rate required by the prior law.
(i)(1) This section shall not apply, and no credits may be earned, for periods of flash incarceration imposed pursuant to Section 3000.08 or 3454.
(2) Credits earned pursuant to this section for a period of flash incarceration pursuant to Section 1203.35 shall, if the person's probation or mandatory supervision is revoked, count towards the term to be served.
(j) This section shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2028, deletes or extends that date."
Contact a Defense Lawyer for Help
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 the calculation of 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 you believe there has been an error in calculating their custody credits, they can request a correction. For more information, contact our California criminal defense lawyers, Cron, Israels & Stark, located in Los Angeles.
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