CRIMINAL

conduct creditS calculator*

Calculating Presentence Conduct Credit Under Penal Code Sections 4019 and 2933 in the Third and Fifth Districts

Updated as of: 11/26/2012

Heads-up usage cautions:

The California Supreme Court decided People v. Brown (2012) 54 Cal.4th 314, holding that former Penal Code section 4019 (Stats. 2009, 3d Ex. Sess., 2009-2010, ch. 28, § 50 (SB 18X3), eff. Jan. 25, 2010) applied prosectively and that equal protection does not require retroactive application.

Additionally, the California Supreme Court held that Penal Code section 1385 does not authorize a court to disregard historical facts that disqualify a local prisoner from earning conduct credits at an increased rate. (People v. Lara (2012) 54 Cal.4th 896.)

Do other sections apply? This chart does NOT take into consideration other limiting statutes that might trump the application of section 4019 credits, such as section 2933.1 and 2933.2.

Equal protection? This chart does not address potential constitutional issues that may be appropriate for the individual case and/or defendant.

Print instructions:
To print this chart, click the small print icon at the top right-hand corner of this page.

Formula for conduct credit based on time in county jail	Formula A (Six days deemed served for four days actually confined in county jail)	Formula B (Four days deemed served for two days actually confined in county jail)	Formula C (Two days deemed served for one day actually confined in county jail)
Math:	1. Actual days ÷ 4 = whole number quotient (Drop any remainder) 2. Whole quotient x 2 = conduct credit 3. Actual + conduct credit = Total credit	1. Actual days ÷ 2 = whole number quotient (Drop any remainder) 2. Whole quotient x 2 = conduct credit 3. Actual + conduct credit = Total credit	Actual days x 2 = Total credit
Authority:	Section 4019 prior to amendment eff. 1/25/10, then restored for the period from 9/28/10 through 9/30/11	A. Section 4019 from 1/25/10 through 9/27/10 B. Section 4019 from 10/1/11 to present	Section 2933 from 9/28/10 through 9/30/11, applicable only if state prison term was ordered executed

Qualifying Period	Formula to Apply
Time served in local custody prior to January 25, 2010	Formula A (People v. Brown (2012) 54 Cal.4th 314.)
Time served in local custody on or after January 25, 2010 for crimes committed prior to September 28, 2010	Formula B (People v. Brown, supra, 54 Cal.4th 314; former Pen. Code, § 4019 [Stats. 2009, 3d Ex. Sess., 2009-2010, ch. 28, § 50 (SB 18X3), eff. Jan. 25, 2010, amended by Stats. 2010, ch. 426, § 1 (SB 76), eff. Sept. 28, 2010].) Usage notes: EXCLUDES defendants with a prior conviction for a serious or violent felony, defendants who are sentenced on a serious felony, and any person required to register as a sex offender; Formula A applies instead. However, if the time was served in custody after October 1, 2011, see split in authority note below. If the defendant was sentenced to prison on or after September 28, 2010, see below.
Time served in local custody for crimes committed on or after September 28, 2010 but prior to October 1, 2011	Formula A (Former Pen. Code, § 4019 [Stats. 2010, ch. 426, § 1 (SB 76), eff. Sept. 28, 2010, amended by Stats. 2011, ch. 15, § 466 (AB 109), operative Oct. 1, 2011]; see People v. Brown, supra, 54 Cal.4th 314.) Usage notes: There is a split in authority as to whether Formula A or Formula B applies when time was served in custody after October 1, 2011 but the crime was committed prior to October 1, 2011. (Compare People v. Olague (2012) 205 Cal.App.4th 1126, 1131-1132, review granted Aug. 8, 2012, S203298 [Sixth Appellate District; dicta stating that Formula B applies to time in custody after October 1, 2011] with People v. Ellis (2012) 207 Cal.App.4th 1546 [Fifth Appellate District; applying Formula A for time in custody after October 1, 2011]; People v. Kennedy (2012) 209 Cal.App.4th 385, 395-400 [Sixth Appellate District; opinion after Olague applying Formula A].) Download sample briefing raising this issue as a PDF (file will open in new window) If the defendant was sentenced to prison on or after September 28, 2010, see below.
Time served in custody on or after September 28, 2010 when sentenced to prison on or after this date for crimes committed prior to October 1, 2011 (including crimes committed prior to September 28, 2010)	Formula C (Former Penal Code section 2933, subdivision (e) [Stats. 2010 ch. 426, § 1 (SB 76), eff. Sept. 28, 2010, repealed by Stats. 2011, 1st Ex. Sess., 2011-2012, ch. 12, § 16 (ABX1 17), operative Oct. 1, 2011]; see People v. Brown, supra, 54 Cal.4th 314.) Usage notes: EXCLUDES defendants with a prior conviction for a serious or violent felony, defendants who are sentenced on a serious felony, and any person required to register as a sex offender; Formula A applies instead. However, if the time was served in custody after October 1, 2011, see split in authority note above. No cases have construed former section 2933, subdivision (e) following the Brown decision.
Time served in custody for crimes committed on or after October 1, 2011 to present	Formula B (Pen. Code, § 4019 [Stats. 2011, ch. 15, § 466 (AB 109), operative Oct. 1, 2011].) Usage notes: EXCLUDES defendants who are sentenced on a violent felony; but does NOT exclude defendants with a prior conviction for a serious or violent felony, defendants who are sentenced on a serious felony, and any person required to register as a sex offender.
Qualifier	Formula to Apply

*Chart by Gary McCurdy, CCAP Asst. Director, Kate Dashiell, Cynthia Sorman, and Joanne Kirchner, CCAP Staff Attorneys. The authors wish to gratefully acknowledge the work of J. Richard Couzens, Judge (Ret.) and Tricia A. Bigelow, Presiding Justice, Court of Appeal, Second Appellate District, Div. 8, "Awarding Conduct Credits Following Enactment of 2011 Realignment," which provided invaluable guidance in pulling this chart together (link will open in new window).