Credits - Revision history

Sysop at 04:32, 29 April 2026

2026-04-29T04:32:51Z

← Older revision		Revision as of 04:32, 29 April 2026
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	https://www.courts.ca.gov/opinions/documents/B318732.PDF		https://www.courts.ca.gov/opinions/documents/B318732.PDF

			==Foreign jurisdictions==

			he court also may sentence the California case concurrently with the foreign judgment. “A defendant ordered to serve concurrent terms by a California state court is entitled to be transferred to the foreign jurisdiction if that foreign jurisdiction will not credit him with time served in California. (In re Stoliker (1957) 49 Cal.2d 75, 78, 315 P.2d 12 [a prisoner is entitled to effectuate concurrent sentencing by filing a writ of habeas corpus to seek transfer of custody to federal authorities].) The appellate courts have interpreted this rule to mean that California has a duty to make a defendant available to the foreign authorities. (In re Riddle (1966) 240 Cal.App.2d 707, 708, 49 Cal.Rptr. 919; In re Tomlin (1966) 241 Cal.App.2d 668, 669, 50 Cal.Rptr. 805 (Tomlin).) This duty is not a matter of judicial or administrative discretion. Further, no formal court order (apart from a concurrent state sentence) is needed to trigger that duty or to effect that transfer. (Id. at p. 671, 50 Cal.Rptr. 805.) However, California cannot compel the foreign jurisdiction to take the defendant into custody. (Ibid.) ¶ In 1963, the State Legislature amended section 2900 to ‘facilitate and implement concurrency [of sentences].’ (Tomlin, supra, 241 Cal.App.2d at p. 670, 50 Cal.Rptr. 805.) Section 2900, subdivision (b)(2) states, in pertinent part: ‘[If] the judge of the California court orders that the California sentence shall run concurrently with the sentence which such person is already serving, the Director of Corrections shall designate the institution of the other jurisdiction as the place for reception of such person within the meaning of the preceding provisions of this section.’” (People v. Antonio, 10 Cal. App. 5th 1064, 1068, 216 Cal. Rptr. 3d 523 (4th Dist. 2017); emphasis in original.) It is not the duty of the court to order action to be taken by the Director of Corrections. If the director refuses to carry out the statutory duty imposed by section 2900, the defendant should seek administrative relief. (Id., a tp. 1069.)

Sysop: /* Presentence credits */

2026-03-07T04:06:49Z

Presentence credits

← Older revision		Revision as of 04:06, 7 March 2026
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	If a defendant gets picked up in other state on a California warrant, the defendant gets credits for the out-of-state custody. (''In re Watson'' (1977) 19 Cal.3d 646.) However, if a defendant gets picked up for reasons other than a California warrant, such as committing an out-of-state crime, then the defendant gets no credit for the time he is in custody due to the out-of-state stuff. (''In re Joyner'' (1989) 48 Cal.3d 487.)		If a defendant gets picked up in other state on a California warrant, the defendant gets credits for the out-of-state custody. (''In re Watson'' (1977) 19 Cal.3d 646.) However, if a defendant gets picked up for reasons other than a California warrant, such as committing an out-of-state crime, then the defendant gets no credit for the time he is in custody due to the out-of-state stuff. (''In re Joyner'' (1989) 48 Cal.3d 487.)


			Voluntary stay at residential rehab doesn't count for credits. (''People v. Billy'' (2024) 107 Cal.App.5th 246.)

	===Credits for noncontinuous days===		===Credits for noncontinuous days===
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	''People v. Dailey'' (1992) 8 Cal.App.4th 1182		''People v. Dailey'' (1992) 8 Cal.App.4th 1182



	==Jail Conduct Credits==		==Jail Conduct Credits==

Sysop: /* Violent Offenses */

2025-11-19T22:02:39Z

Violent Offenses

← Older revision		Revision as of 22:02, 19 November 2025
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	===Violent Offenses===		===Violent Offenses===

			If a defendant is sentenced on one count or one case on a violent case and is sentenced on a non-violent case, the non-violent count or non-violent case is also capped under PC2933.1 (''People v. Nunez'' (2008) 167 Cal.App.4th 761

	===Three Strikes===		===Three Strikes===

Sysop at 05:08, 28 February 2023

2023-02-28T05:08:35Z

← Older revision		Revision as of 05:08, 28 February 2023
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	===Three Strikes===		===Three Strikes===

			Pre-sentencing versus post-sentencing

			People v. Jones (Feb. 27, 2023, B318732)

			https://www.courts.ca.gov/opinions/documents/B318732.PDF

Sysop at 14:22, 5 September 2019

2019-09-05T14:22:14Z

← Older revision		Revision as of 14:22, 5 September 2019
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	==Presentence credits==		==Presentence credits==
	~~[[PC2090~~.5]]		PC2900.5

	If a defendant gets picked up in other state on a California warrant, the defendant gets credits for the out-of-state custody. (''In re Watson'' (1977) 19 Cal.3d 646.) However, if a defendant gets picked up for reasons other than a California warrant, such as committing an out-of-state crime, then the defendant gets no credit for the time he is in custody due to the out-of-state stuff. (''In re Joyner'' (1989) 48 Cal.3d 487.)		If a defendant gets picked up in other state on a California warrant, the defendant gets credits for the out-of-state custody. (''In re Watson'' (1977) 19 Cal.3d 646.) However, if a defendant gets picked up for reasons other than a California warrant, such as committing an out-of-state crime, then the defendant gets no credit for the time he is in custody due to the out-of-state stuff. (''In re Joyner'' (1989) 48 Cal.3d 487.)


			===Credits for noncontinuous days===
			''People v. Culp'' (2002) 100 Cal.App.4th 1278

			''People v. Jackson'' (1986) 182 Cal.App.3d 439

			''People v. Dailey'' (1992) 8 Cal.App.4th 1182



	==Jail Conduct Credits==		==Jail Conduct Credits==

Sysop at 05:04, 7 May 2014

2014-05-07T05:04:52Z

← Older revision		Revision as of 05:04, 7 May 2014
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			==Presentence credits==
			[[PC2090.5]]

			If a defendant gets picked up in other state on a California warrant, the defendant gets credits for the out-of-state custody. (''In re Watson'' (1977) 19 Cal.3d 646.) However, if a defendant gets picked up for reasons other than a California warrant, such as committing an out-of-state crime, then the defendant gets no credit for the time he is in custody due to the out-of-state stuff. (''In re Joyner'' (1989) 48 Cal.3d 487.)

	==Jail Conduct Credits==		==Jail Conduct Credits==

Sysop: Created page with " ==Jail Conduct Credits== PC4019 1-for-1 2-for-2 ==Prison Credits== PC2933 ==Limitations on Credits== ===Murder and Sex Offenses=== People v. Moon (Cal. Ct. App. ..."

2014-04-11T10:02:45Z

Created page with " ==Jail Conduct Credits== PC4019 1-for-1 2-for-2 ==Prison Credits== PC2933 ==Limitations on Credits== ===Murder and Sex Offenses=== People v. Moon (Cal. Ct. App. ..."

New page

==Jail Conduct Credits==
[[PC4019]]
1-for-1
2-for-2

==Prison Credits==
[[PC2933]]

==Limitations on Credits==

===Murder and Sex Offenses===
People v. Moon (Cal. Ct. App. - March 29, 2011)
People v. Lara (Cal. Supreme Ct. - July 19, 2012)

===Violent Offenses===

===Three Strikes===