Is a defendant entitled to credit against his sentence for all days spent in custody before sentencing?

California, United States of America


The following excerpt is from The People v. Guerrero, F058934, Super. Ct. No. BF128334A (Cal. App. 2010):

Under section 2900.5, a person sentenced to state prison for criminal conduct is entitled to credit against the term of imprisonment for all days spent in custody before sentencing. ( 2900.5, subd. (a).) In addition, section 4019 provides that a criminal defendant may earn additional presentence credit against his or her sentence for willingness to perform assigned labor ( 4019, subd. (b)) and compliance with rules and regulations ( 4019, subd. (c)). These forms of section 4019 presentence credits are called, collectively, conduct credits. (People v. Dieck (2009) 46 Cal.4th 934, 939, fn. 3.) Defendant was sentenced on October 22, 2009. The court awarded conduct credit in accord with the version of section 4019 then and now in effect.3

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