## Monday, September 10, 2012

### How to Calculate "How Much Time I Have Left"

Now you know 50%, 80%, and 85% are important numbers in California sentencing.  How much time an inmate will serve under these numbers varies depending on whether the sentence is served in county jail or state prison.  If a sentence is served in county jail, how much time off for good behavior is given depends on the amount of overcrowding.  Those who have passed through the Los Angeles County jail system are probably very familiar with 10%.  That is how much of a jail sentence one will probably serve in Los Angeles County - 10%.

If I serve a 16 month state prison sentence and I have been in jail for 2 months now, lets answer "How Much Time I Have Left."

Here's how to calculate "How Much Time I Have Left."
1. Start with the number of actual credits already served in custody (beginning from the day arrested on the charge in the same county or from the date when transferred to the County where the charge occurred if in custody in a different county).  In this case - 2 months.
2. Is the sentence a 50% or 80% sentence?  If yes, then the amount of actual credits equals the amount of good conduct credits.  In this case - 2 months.
3. Add the number of actual time credits to the number of good conduct credits.  In this case - 2 months actual + 2 months good conduct credits = 4 months total credits.
4. Subtract the number of TOTAL credits from the prison sentence.  In this case - 16 months minus 4 months total credits = 12 months remaining.
5. Reduce the REMAINING time to be served on the sentence based on whether it's a 50% or 80% sentence.  In this case - If 50% is served, then 50% or 12 months remaining = 6 months LEFT.  If 80% is served, then 12 months remaining X 80% = 9.6 months LEFT.

If I serve a 60 day county jail sentence and I have been in jail for 8 days now, "How Much Time I Have Left?" Answer: 22 days left.
Here's how I obtained that answer following the steps above.
1. 8 days actual credits (Number of actual credits already served)
2. 8 days good conduct credits (County Jail sentences are now reduced by 50%)
3. 8 days actual + 8 days good conduct = 16 days total credits (Add actual credits + good conduct credits)
4. 60 day sentence - 16 total credits = 44 days remaining
5. 44 days x 50% = 22 days left

#### 40 comments:

1. IF MY BOYFRIEND SENTENCED TO GET OUT IN AUGEST 20, 2015 AND HE HA S DONE ALREDY 5MONTHS ALREADY WHEN DOES HE GET OUT

1. If his release date is calculated AFTER reducing his sentence for good behavior, then he gets out on that date, unless he is released early because of overcrowding. While an early release is not guaranteed or to be expected, California state prisons are currently overcrowded and early release has been occurring for some inmates. Obviously, your boyfriend showed be on his best behavior, sign up for work programs and education programs to give him the best chance of possibly being released early. Best of luck to him!

2. I have to turn my self in octover 9 2015 before 6:00 pm. I was sentence to 60 days in jail with a total of 12 days credit. how much time em I looking at ?

3. My husband got sentenced to 2 yrs with half time. He served 3 months in county jail but no good behavior.... He has now been in a holding prison for 2 months now.. How much more time will he have to do if hes been on his best behavior???

1. Your husband did not receive good behavior while he was in county jail? That's odd, unless he was disciplined and they took away his good behavior. If he did not receive good behavior, then subtract 3 months from the 2 years. Then he will do half of what's remaining if he gets 50% off for good behavior in prison - i.e. 24 months - 3 months actual credit = 21 months left. 50% of 21 months = 10.5 months actual.

If your husband did receive good behavior in jail, to calculate his credits is 3 months actual + 3 months good conduct = 6 months total credit. Subtract the total credits from the total sentence and he will do 50% of what's remaining if he gets 50% off for good behavior - i.e. 24 months to do - 6 months total credit (actual + good conduct) = 18 months x 50% = 9 months actual.

4. Hello Attorney :
When someone is sentenced to 3 years in the Los Angeles County Jail, under AB109 PC 1170 (H) (1) & (H () (2) and is sentenced to 3 years in the Los Angeles County Jail, but doing 18 months of the 3 years when is that individuals release date based on the information provided below?

The individual was sentenced and taken into custody on February 9, 2015 and sentenced on April 16, 2015 to serve, 1,094 prison time in county jail for the low level offenses.
Court Granted inmate- 140 days in custody credit – reducing days to serve in custody to 954
February 9th- April 16th Inmate worked in the working dorm without contract for 2 months 6 days while awaiting sentencing what credits is the individuals entitled to?
What are the individuals good time credits if she does not get working credits for the 2 months and 6 days she worked?
On April 16, 2015 (signed a contract with working dorm) to earn credits of 1 ½ for each day worked at 62 days per month currently working in dorm as of to date.
How many total credits for good time work time credits has she earned from February 9, 2015-December 9, 2015?
What would be her estimated release date if she is to serve 18 months in the county jail of the 3 years?
Why did the judge send over information that she was sentences to 3 years doing 18 months?
Thank you in advance for taking the time to review this matter, and for contacting me.
I earned a BS degree in Legal Studies, and have a few years in Law School, but do not understand criminal law. Your input would be greatly appreciated.

5. Hello Attorney :
When someone is sentenced to 3 years in the Los Angeles County Jail, under AB109 PC 1170 (H) (1) & (H () (2) and is sentenced to 3 years in the Los Angeles County Jail, but doing 18 months of the 3 years when is that individuals release date based on the information provided below?

The individual was sentenced and taken into custody on February 9, 2015 and sentenced on April 16, 2015 to serve, 1,094 prison time in county jail for the low level offenses.
Court Granted inmate- 140 days in custody credit – reducing days to serve in custody to 954
February 9th- April 16th Inmate worked in the working dorm without contract for 2 months 6 days while awaiting sentencing what credits is the individuals entitled to?
What are the individuals good time credits if she does not get working credits for the 2 months and 6 days she worked?
On April 16, 2015 (signed a contract with working dorm) to earn credits of 1 ½ for each day worked at 62 days per month currently working in dorm as of to date.
How many total credits for good time work time credits has she earned from February 9, 2015-December 9, 2015?
What would be her estimated release date if she is to serve 18 months in the county jail of the 3 years?
Why did the judge send over information that she was sentences to 3 years doing 18 months?
Thank you in advance for taking the time to review this matter, and for contacting me.
I earned a BS degree in Legal Studies, and have a few years in Law School, but do not understand criminal law. Your input would be greatly appreciated.

1. The person is to serve a 3 year state prison sentence in county jail, otherwise known as "county prison" per realignment [(AB 109/Penal Code Section 1170(h)]. The person will serve 50% of the 3 year term, which is 18 months actual. To calculate the out date, one must subtract total credits up to sentencing (which sounds like 4/16/15) from the 3 year total. From your post, sounds like the 140 days credit was total (70 actual days + 70 days good conduct), so the person got good behavior credits from 2/9/15 - 4/16/15.

If the person then is getting 1.5 days good behavior for each day worked, then 4/17/15 - 4/11/16 is 363 days actual. 1.5 x 363 = 544 days good behavior.

2/9/15 - 4/16/15 = 70 actual + 70 conduct = 140 total credits
4/17/15 - 4/11/16 = 363 actual + 544 conduct = 907 total credits
140 + 907 = 1047 total credits

1094 days to serve (3 years) - 1047 total credits = 47 days left to serve. If your friend is getting 1.5 days credit for 1 day served, your friend should be released in approximately 18-19 days (assuming this person has received all the good behavior credits for working and has not already been released due to overcrowding).

6. If my husband in jail for 6 month and he's already going on good behavior I need been in there since November 26 can you get out on good behavior on his parole date

7. My friend was sentenced 1 year but his release date is calculated for 6 months (50%) he has been in there for about 2 1/2 months , is there any chance he might be out earlier?

8. With the new law that passed, I'm not sure if it was Prop 47, or just the budget of California, either way my friend was sentenced to 10 years. He was arrested February 6, 2014, sentenced on October 3, 2014. With the new law, the 3 for 1 in affect, he is saying he can get out as early as this August, 2016? Is this correct or could you give me more a less a straight date?

1. Prop. 47 is a recent law change that benefits people convicted of crimes. However, Prop. 47 reduces certain felony convictions to misdemeanors if the person charged is not required to register as a sex offender per PC 290 and the person charged does not have certain disqualifying prior convictions that are considered "Super Strikes" (i.e. murder, attempted murder, voluntary manslaughter).

If a person is eligible, the charges that are now misdemeanors and no longer felonies are:

- Simple possession of drugs (meth, cocaine, heroin, and other narcotics) - i.e. Health & Safety Code Section ("HS") 11377(a), HS 11350(A)
- Petty theft with a prior [Penal Code Section ("PC") 666(A)]
- Commercial burglary committed during business hours and value less than \$950 (PC 459 2nd)

Unfortunately, Prop. 47 does not affect credits and good behavior credits.

There is a common misunderstanding about any laws affecting good behavior credits. There has been no new law giving more than day for day good conduct credits. There is no change in the law providing for 3 days good behavior for 1 day served. However, your friend may be getting 3 days credit for 1 day served due to overcrowding in the prison. Such extra credits are not guaranteed by the law, but the prison may be doing that to allow for inmates to be released early to alleviate overcrowding.

Hopefully your friend is getting 3 days for 1 day served. If your friend is supposed to serve 50% of a 10 year sentence, he should serve 5 years actual. However, if your friend is getting 3 days credit for 1 day served, then on the 10 year sentence, he would serve 2.5 years.

2.5 years actual + 7.5 years good behavior = 10 years total

Hopefully your friend is getting extra credits (3 for 1). If so, then he could be released by August 2016. But remember, he is not guaranteed 3 for 1 since the law still is 1 day credit for 1 day served. I hope your friend gets out this August. Hooray!

9. My husband got 90 days with half. He has 3 days credit. His release date is on the 8th of march will he get out sooner his in the twin towers jail?

10. If my wife got 120 days but she has been in county jail for 26 day and judge have her 54 days credit when will she get out

1. 120 total - 54 days credit = 66 days x 50% = 33 days actual to do

11. If my wife was sentenced to 120 days but she has been in jail for 26 days and was given 54 day credit by the judge when will she be released

12. If my wife was sentenced to 120 days but she has been in jail for 26 days and was given 54 day credit by the judge when will she be released

13. My Husband was sentence to 6 year State Prison 12/7/15, court told him it's automatically 1/2-3 years. He was in county jail for 35 days, then transferred to State Prison. He's been in Reception for 92 days since he arrived awaiting to be transferred. What is the soonest that he might be eligible to be released.

1. If your husband does 50% of the sentence and does not get extra time off due to overcrowding, then:

35 days actual (jail) + 92 days actual (reception) = 127 total actual days
127 actual + 127 good conduct = 354 total credits

6 years to do - 354 total credits (round up to 1 year for easier calculation) = 5 years x 50% = 2.5 years (30 months) actual remaining to do.

If your husband is lucky and gets 3 days credit for 1 day served because of overcrowding(not guaranteed since the law still says 1 day credit for 1 day served), then your husband could only have to serve 15 months.

1.25 years actual + 3.75 years good behavior = 5 years total.

Hopefully, your husband gets extra time off due to overcrowding and gets released 15 months early!

14. my husband was sentenced 180 days been in wayside county jail since march 2 2016 and his released date says may 25 2016, so i am wondering will get get out sooner then his actual date

15. 6years on x offence 80% with two years time served from July 15 when is release date

1. When a prison term is at 80%, that means the person admitted a prior strike. However, the person gets 50% credits while in county jail pending sentencing.

2 years actual credit + 2 years conduct = 4 yrs total credits

6 year sentence - 4 years total credits = 2 yrs left to do

2 yrs x 80% = 19.2 months left to serve

Therefore, the person should be released 19.2 months from date of sentencing if the person serves 80% of the sentence.

16. My husband got sentenced 151 days with 2 days credit for non violent crime, he's been there since May 27. How soon can he get out ?

1. If your husband had 2 actual days credit on his sentencing date, then he receives an additional 2 days conduct credit for 4 days total credits. Subtract the 4 days from the 151 days to do, then cut that in half for good behavior. The result is how many actual days he must do after 5/27/16.

151 total days to do minus 4 total days credit = 147 total days left to serve
50% of 147 total days to do = 73.5 (round up to 74) actual days left to serve.

Your husband should be released in 2.5 months after May 27, which is approximately mid-July (if he is not released early).

Hopefully he is released early!

17. Hey my boyfriend has been in jail since 4.20.2016 and he was sentenced to 2 years with half with 33%. When should he be released and how much time will he have to do?

1. As of June 20, 2016, your boyfriend would have 60 days actual credits.

60 actual + 60 conduct = 120 days (4 months) total credits

2 year sentence - 4 months credits = 20 months to serve

If serve 50%:
20 months to serve x 50% = 10 months actual to serve
Release date = 10 months after June 20, 2016 = April 20, 2017

If serve 33%
20 months to serve x 33% = 6.66 months after June 20, 2016 = approximately January 10, 2017

18. My boyfriend went to court on June 7th 2016 for a 3rd misdemeanor dui and they decided to lock him up in Fresno county jail. They are going to hold in until the 24th of this Friday @8:30AM of his court. They say he have a 35% chance of getting out of jail. Or they are going to determine his punishment maybe up to 53 days or 23 days. I'm not so sure but then I will have to go to court and listen what's going to happen to him.

1. The maximum punishment on a 3rd DUI is up to 364 days in jail. If done at 50%, that could be up to 182 days (6 months) actual. Depending on how long ago his 2 prior DUI's were, the District Attorney will likely want more than 53 days in jail. However, hopefully the DA will agree to allow some portion of the jail to be serve while out of custody like work release or house arrest.

Good luck!

2. Well now the judge will make him start serving his sentence starting on July 1st. And his release will be on August 5th 2016. How many days is that from there?

19. My boyfriend was sentenced to 5 years with 50% = 2 1/2 years, and is now a trustee. Turned himself in on June 1, 2015. How much time should he do or when should he expect to get out from Los Angeles county MC. Just trying to find out any possible answer, if there is one?

20. My boyfriend was sentenced to 5 years with 1/2= 2 1/2 years on June 1,2015. He is now a trustee in the LA County jail, what could be the possible release date??

21. Hi my husband was sentence on 10/20/1015 to 4 years and 4 months with 85% when will he be out ..his in fire camp right now will he get time taken off?

22. My husband got sentence on 10/20/2015 for 4 years and 4 months with 85% how much time will he do..his in fire camp right now will they cut time off??? And is there a chance of him geting deporded of us

23. My husbands release date is august 23,2016 and is sentenced to 200 to half days in county jail and he was arrested on march 2,2016 and has good behavior, when will he get out??

24. My husband was sentenced to half 2 years on may 10,2016 and he was arrested on march 2,2016 when will he get out and he has good behavior

25. Please help! My son was in San Bernardino jail for 3 years exactly waiting trial. Went to prison on June 26 2011. WON his appeal may 7, 2015. Went back to San Bernardino jail for 8 mos. again waiting for second trial. He was finally offered a deal of 13 yrs. on 6-3-2016. Transferred him back to prison on 6-9-2016. Judge gave him 2,909 days credit plus 435 days good conduct credits. When will he get out? Nobody can figure this out! Please help me!!

26. I was sentenced to 19 days with two days credit for 2nd dui. Mandatory 96 hours and 15 days for fines took jail time in lui of fines. How much time qill i do.?

27. My son was sentence three years in prison. He went in 12/12\2015 he was sentenced 06/22/2016 and the judge gave him credit for 386 days with 50% off. He is currently at North Kern State Prison in the receptionist area. And I have not talked to him in 2 months what would his out date be.

1. The judge meant by 386 days was that your son had 386 days total credits (193 actual + 193 good conduct). The 386 days will be credited towards the 3 year sentence.

3 years = 1,095 days total to serve
As of 6/22/16 = 386 total days credit

1,095 - 386 = 709 days left to serve

With 50% off = 709 x 50% = 354.5 days left to serve after 6/22/16

If your son gets his 50% good behavior with no discipline, he should be released 355 from 6/22/16, which is approximately 6/11/17.

Hopefully your son only has to do 33% of his sentence due to prison overcrowding. If so, then the math is:

709 x 33% = 234 days left to serve after 6/22/16. Under a 33% scheme, your son would be release approximately on (2/14/16) Valentine's Day, so pray he is doing 33%! I'll be keeping hopes for your son to do 33%.

Thanks for your question.

Brandon Lu
(310) 227-5880

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