Penal Code 4019 amended again
PC 4019 has been amended again, repealing half-time credit for county jail sentences - going back to 1/3 credit. Clients sentenced to state prison, however, get half-time credit toward their state prison sentence.
SB 76 was signed by the governor today which effectively eliminates half time credit for inmates serving county jail sentences.
Effective 9/29/10, inmates serving misdemeanor county jail sentences and inmates serving felony probation sentences in count jail will only receive 1/3 credit. (see amended PC 4019(a)(1)-(4) and (f) )
Inmates sentenced to state prison will still receive half time credit for the time they serve in county jail toward their state prison sentence. (see amended PC 2933(e)(1) )
Inmates sentenced to prison on a strike or with strike priors that are pled and proved, or with 290 status, will get, at most, 1/3 credit for the time they serve in county jail (reduced to 15% if the inmate is sentenced to prison on a violent felony.)
The newly enacted is to be applied prospectively:
The newly enacted law states that the new provisions are to be applied prospectively only: PC 4019 (g) states "The changes in this section as enacted by the act that added this subdivision shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime that was committed on or after the effective date of that act"
Bottom line is that if you are sentenced to county jail time for a crime that was committed after 9/29/10, then you have to serve 2/3 of your sentence. Contact the Law Offices of Aaron T. Hicks for a free consultation if you are facing jail time.