September 29, 2010 11:50 a.m. Press Release & News Flash

California Penal Code Section 4019 has been amended again, repealing half-time credit for county jail sentences – going back to 1/3 credit.

Folks sentenced to state prison, however, get half-time credit toward their state prison sentence, according to San Diego DUI lawyers.

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.)

San Diego DUI attorneys point out this 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”

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