Is a defendant entitled to credit under section 2900.5 of the California Criminal Code for the amount of time they have spent in post-incident custody?

( 2900.5, subd. (a).) A defendant also may earn additional "conduct credit" for willingness to work and for good behavior. (People v. Dieck (2009) 46 Cal.4th 934, 939, fn. 3.)

Section 4019 is part of a statutory scheme authorizing credits for time spent in presentence custody. Section 4019 is one of several "separate and independent credit schemes for presentence and postsentence custody" related to felony sentencing. (People v. Buckhalter (2001) 26 Cal.4th 20, 30.) Thus, "[e]veryone sentenced to prison for criminal conduct is entitled to credit against his term for all actual days of confinement solely attributable to the same conduct. ( 2900, subd. (c), 2900.1 2900.5, subds. (a), (b).)" (Ibid.) Hence, section 2900.5 gives credit for the actual days spent in presentence custody, in addition to any section 4019 credits.

Before January 25, 2010, conduct credits under section 4019 could be accrued at the rate of two days for every four days of actual time served in presentence custody or one third off their sentence. (Stats. 1982, ch. 1234, 7, p. 4553 [former 4019, subd. (f)]; People v. Dieck, supra, 46 Cal.4th at p. 939 [section 4019 provides a total of two days of conduct credit for every four-day period of incarceration].)