Cal. Pen. Code § 4019

Current through the 2023 Legislative Session.
Section 4019 - [Effective until 1/1/2028] Deductions from period of confinement
(a) This section applies in all of the following cases:
(1) When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp, including all days of custody from the date of arrest to the date when the sentence commences, under a judgment of imprisonment or of a fine and imprisonment until the fine is paid in a criminal action or proceeding.
(2) When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a condition of probation after suspension of imposition of a sentence or suspension of execution of sentence in a criminal action or proceeding.
(3) When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp for a definite period of time for contempt pursuant to a proceeding other than a criminal action or proceeding.
(4) When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp following arrest and prior to the imposition of sentence for a felony conviction.
(5) When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as part of custodial sanction imposed following a violation of postrelease community supervision or parole.
(6) When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a result of a sentence imposed pursuant to subdivision (h) of Section 1170.
(7) When a prisoner participates in a program pursuant to Section 1203.016 or Section 4024.2. Except for prisoners who have already been deemed eligible to receive credits for participation in a program pursuant to Section 1203.016 prior to January 1, 2015, this paragraph shall apply prospectively.
(8) When a prisoner is confined in or committed to a state hospital or other mental health treatment facility, or to a county jail treatment facility in proceedings pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2.
(9) When a prisoner participates in a treatment program pursuant to Section 1203.44.
(b) Subject to subdivision (d), for each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoner's period of confinement unless it appears by the record that the prisoner has refused to satisfactorily perform labor as assigned by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(c) For each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoner's period of confinement unless it appears by the record that the prisoner has not satisfactorily complied with the reasonable rules and regulations established by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(d) This section does not require the sheriff, chief of police, or superintendent of an industrial farm or road camp to assign labor to a prisoner if it appears from the record that the prisoner has refused to satisfactorily perform labor as assigned or that the prisoner has not satisfactorily complied with the reasonable rules and regulations of the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(e) A deduction shall not be made under this section unless the person is committed for a period of four days or longer.
(f) It is the intent of the Legislature that if all days are earned under this section, a term of four days will be deemed to have been served for every two days spent in actual custody.
(g) The changes in this section as enacted by the act that added this subdivision shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after the effective date of that act.
(h) The changes to this section enacted by the act that added this subdivision shall apply prospectively and shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after October 1, 2011. Any days earned by a prisoner prior to October 1, 2011, shall be calculated at the rate required by the prior law.
(i)
(1) This section shall not apply, and no credits may be earned, for periods of flash incarceration imposed pursuant to Section 3000.08 or 3454.
(2) Credits earned pursuant to this section for a period of flash incarceration pursuant to Section 1203.35 shall, if the person's probation or mandatory supervision is revoked, count towards the term to be served.
(j) This section shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2028, deletes or extends that date.

Ca. Pen. Code § 4019

Amended by Stats 2023 ch 685 (AB 1360),s 3, eff. 1/1/2024.
Amended by Stats 2023 ch 311 (SB 883),s 20, eff. 1/1/2024.
Amended by Stats 2022 ch 756 (AB 1744),s 3, eff. 1/1/2023.
Amended by Stats 2021 ch 599 (SB 317),s 3, eff. 1/1/2022.
Amended by Stats 2019 ch 44 (AB 597),s 3, eff. 1/1/2020.
Amended by Stats 2018 ch 1008 (SB 1187),s 5, eff. 1/1/2019.
Amended by Stats 2016 ch 706 (SB 266),s 3, eff. 1/1/2017.
Amended by Stats 2014 ch 612 (AB 2499),s 6, eff. 1/1/2015.
Amended by Stats 2011 ch 12 (AB X1-17),s 35, eff. 9/20/2011, op. 10/1/2011.
Amended by Stats 2011 ch 39 (AB 117),s 68, eff. 6/30/2011.
Amended by Stats 2011 ch 39 (AB 117),s 53, eff. 6/30/2011.
Amended by Stats 2011 ch 15 (AB 109),s 482, eff. 4/4/2011, but operative no earlier than October 1, 2011, and only upon creation of a community corrections grant program to assist in implementing this act and upon an appropriation to fund the grant program.
Amended by Stats 2010 ch 426 (SB 76),s 2, eff. 9/28/2010.
Amended by Stats 2009 ch 28 (SB X3-18),s 50, eff. 1/1/2010.
This section is set out more than once due to postponed, multiple, or conflicting amendments.