Is a criminal defendant entitled to credit against his sentence for his time spent in custody before sentencing?

California, United States of America


The following excerpt is from People v. Sanchez, B225595 (Cal. App. 2011):

A criminal defendant sentenced to state prison is entitled to credit against the term of imprisonment for all days spent in custody before sentencing. (Pen. Code, 2900.5, subd. (a).) In addition, Penal Code section 4019 provides that a criminal defendant may earn additional presentence credit against his or her sentence for willingness to perform assigned labor (Pen. Code, 4019, subd. (b)) and compliance with rules and regulations (Pen. Code, 4019, subd. (c)). These forms of presentence credit are called, collectively, conduct credit. (People v. Dieck (2009) 46 Cal.4th 934, 939, fn. 3.)

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