How is conduct credit calculated when a defendant has been in non-continuous custody prior to sentencing?

California, United States of America


The following excerpt is from People v. McKenzie, 236 Cal.Rptr.3d 533, 25 Cal.App.5th 1207 (Cal. App. 2018):

For purposes of calculating presentence conduct credit, time is cumulative. ( People v. Culp (2002) 100 Cal.App.4th 1278, 1284, 122 Cal.Rptr.2d 924.)

[236 Cal.Rptr.3d 536]

Therefore, a defendant's noncontinuous periods of presentence custody must be aggregated to calculate the conduct credit earned. ( Id. at p. 1283, 122 Cal.Rptr.2d 924.) Penal Code section 4019 provides that a person confined prior to sentencing may earn two days of conduct credit for every two days served. ( People v. Chilelli (2014) 225 Cal.App.4th 581, 588, 170 Cal.Rptr.3d 395.) Here, because defendant was confined for an aggregate of 118 actual days for noncontinuous periods prior to sentencing, he earned 118 days of conduct credit, for a total of 236 days of credit.

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