The People v. Maese CA5

DISCUSSION

Statutory Background Under section 2900.5, a person sentenced to state prison for criminal conduct is entitled to presentence custody credits for all days spent in custody before sentencing. (§ 2900.5, subd. (a).) In addition, section 4019 provides for what are commonly called conduct credits, i.e., credits against a prison sentence for willingness to perform assigned

All statutory references are to the Penal Code. We use the term ―strike‖ as a synonym for ―prior felony conviction‖ within the meaning of the ―three strikes‖ law (§§ 667, subds. (b)-(i); 1170.12), i.e., a prior felony conviction or juvenile adjudication that subjects a defendant to the increased punishment specified in the three strikes law.

2 labor (§ 4019, subd. (b)) and compliance with rules and regulations (§ 4019, subd. (c)). (People v. Dieck (2009) 46 Cal.4th 934, 939, fn. 3.) In the past few years, section 4019 has undergone numerous amendments, of which the following concern us here. First, effective September 28, 2010, the Legislature amended section 4019 to provide, for defendants confined for crimes committed on or after that date, six days would be deemed to have been served…