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

2 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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