California, United States of America
The following excerpt is from The People v. Gonzales, F058213, No. F07905785 (Cal. App. 2010):
Under section 2900.5, a person sentenced to state prison for criminal conduct is entitled to credit against the term of imprisonment for all days spent in custody before sentencing. ( 2900.5, subd. (a).) In addition, section 4019 provides that a criminal defendant may earn additional presentence credit against his or her sentence for willingness to perform assigned labor ( 4019, subd. (b)) and compliance with rules and regulations ( 4019, subd. (c)). These forms of section 4019 presentence credit are called, collectively, conduct credit. (People v. Dieck (2009) 46 Cal.4th 934, 939, fn. 3.)
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And as the parties agree, it is the trial court's duty to determine the actual number of days a defendant has been in custody and to calculate the presentence custody credit, if any, to which the defendant is entitled. ( 2900.5, subd. (d);6 People v. Sage (1980) 26 Cal.3d 498, 508-509; People v. Goodloe (1995) 37 Cal.App.4th 485, 495-496.) Here, the court did not fulfill its duty to calculate custody credit.
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