Legal Question in Criminal Law in California

Question on California Prison time.... Reduced due to budget?

Hello. I was just told that in California, inmates are doing like 4 months on a year due when they are convicted of a non violent crime. Is this true? I heard it was due to the budget. Thank you in advance for all of your wonderful answers and time


Asked on 7/07/09, 8:06 pm

1 Answer from Attorneys

Brian McGinity McGinity Law Office

Re: Question on California Prison time.... Reduced due to budget?

It really depends on the county and the individual situation. Generally if someone is convicted of a misdemeanor they will receive good time credits and those credits will take time off of their incarceration period. However, the credits are earned at different rates depending on what stage of the process they are in. Day to day credit only begins after they get to the facility where they will due the majority of their time. They start out receiving one-third credit and then it will be increased to half time credit. This means that for every day they serve they are given credit for the day served and for one-third of another day. So for every three days served they get credit for four days. When it moves up to half time, they get credit for a day and a half for every day they serve. So for every 2 days they serve they get credit for three days served. When it finally moves to day to day credit they receive credit for two days for every day they actually serve.

If someone has been sentenced to a felony they are required to serve at least 85% of the sentence. However, the legislature can always declare some type of furlough system based on the fiscal emergency. I have been told that for non-violent crimes they are releases prisoners early. However, I don't know what the stats are for the time that is being actually served. Good luck

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Answered on 7/07/09, 8:55 pm


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