Legal Question in Criminal Law in California

65% prison term

is there a new law that allows convicted felons to serve a 65% prison term instead of 85%?

Asked on 5/26/02, 2:25 am

2 Answers from Attorneys

Victor Hobbs Victor E. Hobbs

Re: 65% prison term

On a felony conviction when serving time in prison. The release time is 50% on the first offense and subsequent offenses. Here's the big one - if the second offense is filed and sentenced as a Second Strike; and the third offense is filed and sentenced as a Third Strike. Second Strikes are served at (I believe and am not absolutely sure) 70%. And Third Strikes are served at (I believe) 25 years to life. While in prison, the time it takes you to get checked in and assigned a job is served at 100% and as soon as you're assigned a job the time, is credited at the percentage your crime and sentence warrant.

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Answered on 5/26/02, 1:25 pm

Christopher Melcher Melcher, Melcher & Melcher

Re: 65% prison term

The general rule is that a person receives a six month reduction in sentence for each six month period of full time performance in a work, training, or education program established by the Director of Corrections. A lesser amount of credit based on this ratio is awarded for any lesser period of continuous performance. This is called "work-time credit." See Penal Code section 2933(a).

If a person is serving a sentence for a "violent offense" such as murder or any felony with great bodily injury, then no work-time credit is given. Penal Code section 2933.5.

A person convicted of a "violent felony" under Penal Code section 667.5(c) may receive only a 15 percent reduction in sentence for work time credit. Penal Code section 2933.1(a).

Not knowing what crime your question relates to I cannot tell you if work time credit is available. I know of no new law allowing for 65% total prison term. I hope this is helpful. Christopher Melcher

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Answered on 5/30/02, 6:56 pm

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