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

20 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

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    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!

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  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 ?

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  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???

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    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.

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  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.

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  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.

    ReplyDelete
    Replies
    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).

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  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

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  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?

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  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?

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    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!

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  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?

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  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

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

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  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

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  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

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  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.

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    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!

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  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

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