Is a defendant entitled to credit against his sentence for his time in custody?

California, United States of America


The following excerpt is from The People v. Tolbert, B221747, No. YA074044 (Cal. App. 2010):

Pursuant to 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 presentence credit are collectively called "'conduct credit.'" (People v. Dieck (2009) 46 Cal.4th 934, 939, fn. 3.)

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