Jeffrey

This is a companion case to People v. Arnold (2004) 33 Cal.4th 294 [ 14 Cal.Rptr.3d 840 , 92 P.3d 335 ] (Arnold). In Arnold , we interpret the scope and effect of a defendant’s waiver of custody credits— commonly referred to as a “Johnson waiver” (People v. Johnson (1978) 82 Cal.App.3d 183 [ 147 Cal.Rptr. 55 ] (Johnson)—which enables a sentencing court to reinstate a defendant on probation after he or she has violated probation one or more times, conditioned on service of an additional county jail term, as an alternative to imposing a state prison sentence. Arnold holds that when a defendant knowingly and intelligently waives jail time custody credits after violating probation, in order to be eligible for reinstatement on probation, conditioned on service of additional jail time, the waiver applies to any future use of such credits should probation ultimately be terminated and a state prison sentence imposed.

Arnold involves a waiver of only presentence jail time custody credits. The instant case, in contrast, involves a waiver of such credits as well as future credits to be earned in a residential drug treatment program. As a general matter, the validity of a Johnson…