Tag: prison

Can a Prisoner Demand Trial or Sentencing?

Yes. A prisoner can demand trial or sentencing on a pending case.1 To make this request the prisoner. must:

  • Contact the district attorney where the charge is pending;
  • Tell the district attorney where they are incarcerated;
  • Demand to come to court for trial or sentencing.

The prisoner must make this request in writing. In response, the District Attorney obtains an order for the agency holding the prisoner bring them to court. If, however, the District Attorney does not bring the prisoner to court within 90 days, the judge must dismiss the case.

The prisoner can request or agree to a continuance of the 90 day deadline. The court must enter the prisoner’s agreement to continue the deadline into the court’s minutes.

Qualifications for Prisoner to Demand Trial

The prisoner must be serving:

  • A sentence of 90 days or more in county jail;
  • A term in state prison;
  • A term in a Youth Authority institution;
  • A state rehabilitation center.

The prisoner must have a pending charge in California.

Charges Filed After Incarceration

A prisoner may demand trial or sentencing on charges filed after the prisoner is incarcerated.

Contact us to discuss a prisoner’s options on pending cases under Penal Code § 1381.

Penal Code § 1381.↩︎

Good Time Credit Limited under PC § 2933.1

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.