Does a defendant receive credit against his prison sentence for remaining in custody prior to sentencing?

California, United States of America


The following excerpt is from People v. Ramudo, C074234 (Cal. App. 2014):

"Persons who remain in custody prior to sentencing receive credit against their prison terms for all of those days spent in custody prior to sentencing, so long as the presentence custody is attributable to the conduct that led to the conviction. ( 2900.5.) This form of credit ordinarily is referred to as credit for time served. [] Additional credit may be earned, based upon the defendant's work and good conduct during presentence incarceration. ( 2900.5, subd. (a), 4019.) Such presentence credit is referred to as conduct credit." (People v. Duff (2010) 50 Cal.4th 787, 793.)

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