People v. Bonnington CA5

DISCUSSION

The only issue in this case is whether the trial court erred when it refused to award defendant conduct credits for the time he spent in a sober living treatment program. On April 23, 2013, defendant was arraigned, pled not guilty, bail was set at $50,000, and he was remanded to the custody of the sheriff. By April 29, 2013, defendant had been released on bail and was living at the sober living treatment program. At a hearing on that date, the trial court made defendant’s continued residence at the facility a condition

2. of his bail, as well as requiring him to wear a device that would detect any alcohol consumption. Defendant agreed to both conditions. Defendant was awarded custody credits for the time he spent in the sober living treatment program, but the trial court denied him any conduct credits. Defendant argues the trial court erred in refusing his request, as he was entitled to conduct credits pursuant to Penal Code section 4019.1 Section 4019, subdivision (a), identifies the situations in which the statute applies. Subdivisions (b) and (c) address conduct credits. Subdivision (b) provides that one day would be deducted from a prisoner’s sentence for each…