P.

DISCUSSION

Under section 4019, defendants are entitled to earn additional credit towards their

sentences by performing additional labor (§ 4019, subd. (b)) and for good behavior

(§ 4019, subd. (c).) To differentiate from credits earned by actual time spent in custody,

these additional credits are referred to as conduct credits. (People v. Duff (2010)

Cal.4th 787, 793.)

Before October 1, 2011, persons who, like Moats, had been convicted of a serious

or violent felony were entitled to only two days of conduct credits for every four days

actually served. (Former Pen. Code, § 4019, subd. (f); Stats. 2010, ch. 426, § 2.)

However, on October 1, 2011, when Moats was in local custody awaiting sentencing, the

Legislature amended section 4019 in Assembly Bill No. 109 (2011-2012 Reg. Sess.), as

part of the Realignment Act. The amendment, which became operative October 1, 2011,

increased the amount of conduct credits earned by prisoners in local custody to one day

of conduct credit for each day spent in actual custody. (§ 4019, subd. (f); Stats. 2011, ch.

39, § 53.) As relevant here, section 4019, subdivision (h), provides:

"The changes to this section enacted by the act…