Is a defendant entitled to one-for-one custody credits under section 2933 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Brown, E059157 (Cal. App. 2014):

Defendant contends that pursuant to former section 2933, subdivision (e)(1), he was entitled to one-for-one custody credits for the actual number of days of jail time he served. Custody credits awarded pursuant to section 2933 apply to offenses committed during its effective operation. (See People v. Chism (2014) 58 Cal.4th 1266, 1336-1337.) Former section 2933, subdivision (e), effective January 25, 2010, to September 27, 2010, read, "A prisoner sentenced to the state prison under Section 1170 shall receive one day of credit for every day served in a county jail, city jail . . . after the date he or she was sentenced to the state prison as specified in subdivision (f) of Section 4019." (Italics added.) Former section 2933, subdivision (e)(1), effective September 28, 2010, to September 30, 2011, provided, "Notwithstanding Section 4019 and subject to the limitations of this subdivision, a prisoner sentenced to the state prison under Section 1170 for whom the sentence is executed shall have one day deducted from his or her period of confinement for every day he or she served in a county jail, city jail . . . from the date of arrest until state prison credits pursuant to this article are applicable to the prisoner." (Italics added.) Prior to January 25, 2010, and its current version effective October 1, 2011, section 2933 did not nor does not provide for day-for-day conduct credit for actual local custody time.

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