Is a defendant entitled to credit for time spent in a residential treatment program?

California, United States of America


The following excerpt is from People v. Zamora, A115253 (Cal. App. 5/11/2007), A115253 (Cal. App. 2007):

At the time of sentencing in case No. SCR-32690, defendant knowingly waived his right to credit for the time spent in the residential treatment program. At the hearing on August 20, 2003, defendant's attorney explained, "you have a right if you are sentenced to a residential treatment program to get credits for every day that you spend in a treatment program against any further sentence you may receive in the future provided you're on probation. Do you agree to waive those?" Defendant replied, "Yes." The waiver was valid. (People v. Arnold (2004) 33 Cal. 4th 294, 307.)

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