People v. Johnson

A detainee or inmate may earn credits for good behavior and participation in qualifying work programs to shorten the term of sentence (collectively referred to as conduct credits). Different rules and rates apply to presentence and postsentence detainees. The rate at which these conduct credits may be earned depends in part on whether the custody time during which the credits were earned is characterized as presentence or postsentence custody. In People v. Buckhalter (2001) 26 Cal.4th 20 [ 108 Cal.Rptr.2d 625 , 25 P.3d 1103 ] (Buckhalter), we held that a limited appellate remand for correction of sentencing errors does not transform a prison sentence already in progress into presentence custody for purposes of accruing conduct credits. (Id. at pp. 23, 40-41.) We left open two questions regarding computation of conduct credits: (1) whether a defendant’s confinement between the original sentencing and resentencing resulting from a trial court’s recall of sentence pursuant to Penal Code section 1170, subdivision (d), is characterized as presentence or postsentence custody, and (2) whether a defendant’s state prison confinement before an appellate reversal is viewed as…