P.

DISCUSSION

Defendant argues he is entitled to 89 additional days of conduct credit for time he

served in county jail after the October 1, 2011, effective date of the increased conduct

All section references are to the Penal Code unless otherwise indicated.

2 credits. In the alternative, defendant argues he is entitled to 97 additional days of conduct

credit because Equal Protection makes the increase in conduct credits fully retroactive.

As discussed below, defendant is not entitled to any additional days of conduct credit

under the new scheme because it applies only to those who committed their crime on or

after October 1, 2011.

A defendant is entitled to actual custody credit for “all days of custody” in county

jail and residential treatment facilities, including partial days. (§ 2900.5, subd. (a);

People v. Smith (1989) 211 Cal.App.3d 523, 526.) Section 4019 provides that a criminal

defendant may earn additional presentence credit against his or her sentence for

performing assigned labor (§ 4019, subd. (b)), and for complying with applicable rules

and regulations of the local facility (§ 4019, subd. (c)). These presentence credits are

collectively referred to…