Credits and Early Parole Flashcards
When are credits against a sentence available?
Presentence credits are available for time in custody before conviction and for good conduct. Post-sentence credits are available for good conduct in a variety of circumstances.
What Penal Code section entitles a defendant to pre-sentence credits?
Pen. Code, § 2900.5(a)
A defendant convicted of a felony is entitled to credit against a term of imprisonment, or against any fine imposed, for actual time spent in custody before commencement of the prison sentence.
If a person is in presentence custody for more than one reason, can they get credits on both?
No.
Presentence time must be “attributable to the proceedings related to the same conduct for which the defendant has been convicted.” (Pen. Code, § 2900.5(b); In re Joyner (1989) 48 Cal.3d 487.)
Do state prison inmates get presentence custody credits?
No.
When a defendant is serving a term for either a misdemeanor or a felony and is arrested for a second offense, presentence custody is not attributable to the second case and the defendant receives no credit against any term imposed for the second case. (People v. Adrian (1987) 191 Cal.App.3d, 868, 878; People v. Esparza (1986) 185 Cal.App.3d 458, 468.)
Do hospital inmates get presentence custody credits?
No.
In People v Callahan (2006) 144 Cal.App.4th 678, the defendant assaulted a hospital guard. The court awarded no credits for the period defendant was in jail awaiting trial on the assault, because he otherwise remained confined on his NGI commitment.
Can a defendant receive pre-sentence credits for good conduct in custody?
Yes.
In addition to the credit for each day actually spent in presentence custody available under Penal Code §2900.5(a), credits are available, with exceptions, for good conduct during presentence confinement. (Pen. Code, § 4019; People v. Sage (1980) 26 Cal.3d 498.)
How does a conviction for a violent felony affect pre-sentence credits?
A defendant convicted of any violent felony and sentenced to prison may not receive presentence credits in excess of 15 percent. (Pen. Code, § 2933.1(c).) The underlying conviction must be for a violent felony listed as such in Pen. Code, § 667.5(c).
What are 5 kinds of post-sentence good conduct credits?
- Good Conduct Credits;
- Rehabilitative Achievement Credits;
- Educational Merit Credits;
- Extraordinary Conduct Credits; and
- Milestone Achievement Credits
What are good conduct credits?
They are credits for individuals that comply with all the rules within a prison and perform their duties as assigned on a regular basis.
What are Rehabilitative Achievement Credits?
Rehabilitative Achievement Credits are awarded to those who complete specified hours of approved self-help and volunteer public service activities.
What are Milestone Completion Credits?
Credits may be awarded for the completion of “milestones” in academic and vocational training programs, anger management, and substance abuse and life skills classes. (Pen. Code § 2933.05(c); 15 Cal. Code Regs. § 3043(b).
What are Educational Merit Credits?
Educational Merit Credits are awarded for completion of high school diploma or equivalency programs, higher education degrees, or the Offender Mentor Certification Program.
What are Extraordinary Conduct Credits?
Any inmate may be granted a sentence reduction of up to 12 months for performing a heroic act in a life-threatening situation, or by providing “exceptional assistance in maintaining the safety and security of a prison.” (Pen. Code § 2935; see also 15 Cal. Code Regs § 3043.6(a).)
Are there limits on post-sentence credits?
Yes.
Generally, murderers don’t get credits. There are lots of credit restrictions on violent felons as well.
How did prison overcrowding affect credit earning for violent felons?
By consent decree in connection with the prison overcrowding lawsuit, violent inmates now earn 33.3 percent credits and may be eligible for parole after serving half their sentence.
Other than credits, are there any other ways for inmates to get early release?
Yes. They may be paroled early.
What are the different types of early parole?
- Non-violent Offender Parole for Determinately-Sentenced Prisoners;
- Youth Offender Parole;
- Elderly Offender Parole;
- Non-violent Second-Striker Parole
What is Non-violent Offender Parole for Determinately-Sentenced Prisoners?
It allows parole consideration for persons committed for “nonviolent offenses” who complete their “primary term.” The primary term is defined as the “longest term of imprisonment imposed by the court for any offense,” excluding enhancements, consecutive sentences, and alternative sentences.
Which proposition created Nonviolent Offender Parole for Determinately-Sentenced Prisoners?
Proposition 57.
What is the net effect of Nonviolent Offender Parole for Determinately-Sentenced Prisoners?
The net effect is to make a person eligible for parole irrespective of the number of crimes committed or enhancements imposed.
Imagine two defendants. The first is convicted of one count of assault with a deadly weapon on a police officer and sentenced to state prison for 5 years. The second is convicted of assaulting four officers may be sentenced to state prison for 9 years. Who will get out first?
They will both get out after five years. The second defendant will serve the base term, the same as the first defendant, and CDCR will then ignore the subordinate terms.
What is a “determinately-sentenced nonviolent offender”?
The regulations define a “determinately-sentenced nonviolent offender” as an inmate who is not, among other things, “currently serving a term of life with the possibility of parole for a ‘violent felony’ ” (id., § 3495, subd. (a)(3)).
What is the definition of a “violent felony”?
The regulations define a “violent felony” for purposes of early parole consideration as “a crime or enhancement” listed in Penal Code section 667.5, subdivision (c). (Id., § 3490, subd. (c).)
Imagine a defendant is convicted of a mixture of violent and nonviolent offenses. When will he be paroled?
The defendant will be required to serve the full term for any violent offenses, then be eligible for early release on parole as to any time remaining on nonviolent offenses.
