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Good Time Credit Limited under PC § 2933.1

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good time credits

Good time credit is limited under Penal Code (“PC”) § 2933.1. This limitation applies to persons convicted of violent felonies.

Penal Code § 4019 – Good Time Credit

A person incarcerated in a county jail can earn “good time” credits. To qualify for good time credits, the prisoner must serve a minimum of 4 days. In addition, the prisoner must comply with jail regulations and perform labor. If the prisoner meets these requirements, they earn four days of credit for every two days served in jail.

Example: A defendant who is in custody for 100 days would earn 100 days of good time credits.

Good Time Credit Limited by PC § 2933.1

Persons convicted of violent felonies listed in Penal Code § 667.5 can only earn 15% good time credits while in county jail.

Example: A defendant who is in custody for 100 days would earn 15 days of good time credits.

Penal Code § 667.5 Violent Felonies

Violent felonies include murder, mayhem, robbery, arson, kidnapping, and many other violent crimes.

In addition, a violent felony is any felony:

  • in which the defendant inflicts great bodily injury;
  • on a person other than an accomplice;
  • which has been charged and proved.

Charged means that the allegation of a violent felony under Penal Code § 667.5 appears on the face of the complaint or information.

Proved means that allegation is admitted by the defendant, or found to be true by a judge or jury.

PC § 2933.1 Applies to Credits Earned Before Sentencing

Before the defendant is convicted of a violent felony, they earn regular good time credits of 2+2. However, once they are convicted, the limitation in Penal Code § 2933.1 applies. At sentencing, their credits are re-calculated and their good time credits will be reduced to 15%.

The defendant cannot earn more than 15.00%. The credits are rounded down to the closest whole number that is not more than 15%. (see People v. Ramos (1996) 50 Cal.App.4th 810.)

Example: A defendant who served 213 actual days in custody would receive 31 days of good time credits. 15% of 231 is 31.95. Therefore, 31 is the larges whole number that does not exceed 15%. Contact RBX Law if you have a question about good time credits.