CRIMINAL

conduct creditS calculator*

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

Updated as of: 12/2/2011

Heads-up note: The California Supreme Court has granted review to resolve a split in authority on this issue. (See, e.g., People v. Brown (2010) 182 Cal.App.4th 1354, review granted June 9, 2010, S181963; In re Kemp (2011) 192 Cal.App.4th 252, review granted April 13, 2011, S191112; People v. Rodriguez (2010) 183 Cal.App.4th 1, review granted June 9, 2010, S181808.)

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

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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
Recent Victory Cases:			People v. Forest, unpublished opn. F061374

Qualifying Period	Formula to Apply
Judgments that were final prior to January 25, 2010	Third District: Formula B or Formula C (In re Kemp (2011) 192 Cal.App.4th 252, review granted April 13, 2011, S191112; In re Bell (Sept. 20, 2011, C066298) 2011 Cal.App.Unpub. LEXIS 7107 [unpublished decision].) Note: 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 Fifth District: Formula A (People v. Rodriguez (2010) 183 Cal.App.4th 1, review granted June 9, 2010, S181808.)
Sentenced prior to January 25, 2010, but judgment not final as of January 25, 2010	Third District: Formula B or Formula C (People v. Brown (2010) 182 Cal.App.4th 1354, review granted June 9, 2010, S181963; In re Kemp (2011) 192 Cal.App.4th 252, review granted; In re Bell (Sept. 20, 2011, C066298) 2011 Cal.App.Unpub. LEXIS 7107 [unpublished decision]; People v. Magee (Sept. 29, 2011, C062719) 2011 Cal.App.Unpub. LEXIS 7461 [unpublished decision].) Note: 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 Fifth District: Formula A (People v. Rodriguez (2010) 183 Cal.App.4th 1, review granted June 9, 2010, S181808..)
Crime committed prior to January 25, 2010, and sentenced after January 25, 2010, but before September 28, 2010	Third District: Formula B or Formula C (See People v. Brown (2010) 182 Cal.App.4th 1354, review granted June 9, 2010, S181963; In re Kemp (2011) 192 Cal.App.4th 252, review granted April 13, 2011, S191112; People v. Collins (June 21, 2011, C065681) 2011 Cal.App.Unpub. LEXIS 4632 [unpublished decision].) Fifth District: Formula B (People v. Tasayco (Sept. 28, 2011, F059961) 2011 Cal.App.Unpub. LEXIS 7381 [unpublished decision].) Note: 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.
Crime committed between January 25, 2010, and September 27, 2010	Third District: Formula B or Formula C (See People v. Adkins (Aug. 4, 2011, C066935) 2011 Cal.App.Unpub. LEXIS 5868 [unpublished decision]; People v. Grissom (Aug. 16, 2011, C066580) 2011 Cal.App.Unpub. LEXIS 6164 [unpublished decision].) Fifth District: Formula B or Formula C depending on date of sentencing (See People v. Tasayco (Sept. 28, 2011, F059961) 2011 Cal.App.Unpub. LEXIS 7381 [unpublished decision; applying January 25, 2010, version of section 4019 because it was in effect at time of sentencing]; People v. Lusk (Oct. 13, 2011, F061201) 12011 Cal.App.Unpub. LEXIS 7794 [unpublished decision; applying September 28, 2010, version of section 2933 because it was in effect at time of sentencing on October 21, 2010].) Note: 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 registeras a sex offender; Formula A applies instead.
Sentenced to prison on or after September 28, 2010 for crimes committed before October 1, 2011 (includes sentences for crimes committed before September 28, 2010)	Both the Third District and the Fifth District: Formula C (People v. Saylor (June 15, 2011, C067035) 2011 Cal.App.Unpub. LEXIS 4521 [unpublished decision]; People v. Grissom (Aug. 16, 2011, C066580) 2011 Cal.App.Unpub. LEXIS 6164 [unpublished decision]; People v. Lusk (Oct. 13, 2011, F061201) 12011 Cal.App.Unpub. LEXIS 7794 [unpublished decision]; see also People v. Millsap (July 7, 2011, A130626) 2011 Cal.App.Unpub. LEXIS 5117 [unpublished decision; analysis of applicable law for crime that was committed September 11, 2010, and sentenced October 29, 2010]; People v. Buryta (July 27, 2011, E052095) 2011 Cal.App.Unpub. LEXIS 5545 [unpublished decision; analysis of applicable law for crime that was committed prior to September 28, 2010, and sentenced after this date].) Note: 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.
County jail inmates who are not sentenced to prison for crimes committed on or after September 28, 2010, and before October 1, 2011	Both the Third District and the Fifth District: Formula A (Penal Code § 4019, effective September 28, 1010.)
Crimes committed on or after October 1, 2011, to present	Both the Third District and the Fifth District: Formula B (Penal Code § 4019, operative October 1, 2011.) Note: 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 and Cynthia Sorman, 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.