California Changes Penal Code section 4019

October 1, 2010

The glory days of receiving half time credit in county jail for individuals sentenced on DUIs or other misdemeanor and felony probationary sentences are officially over.  The California legislature apparently feels that our jails are not overcrowded enough with DUI, simple drug possession, and drunk in public cases.  California’s most popular free hotel, the county jail, is opening up more beds.

Penal Code section 4019 has recently been amended (again).  Effective September 29, 2010, inmates serving misdemeanor or felony probationary sentences will receive only one third credit against their sentences.

Inmates will no longer receive half time credit on misdemeanor charges in county jail.  The California law is reverting back to its previous state in which inmates will be receiving one third credit towards their sentences.  Defendants sentenced to state prison will still receive their half time credit towards their state prison sentence.

Sex offenders and inmates sentenced to prison on strikes or strike priors will receive a maximum of one third credit for time they serve in county jail.  Those inmates sentenced to prison on violent felonies will still have to serve eighty-five percent of their sentence.

To learn more about probation & probation violations in California, contact Attorney Thomas Greenberg.

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