How Much Good Time Can An Inmate Get?

[W8NG4MYLOVE]

My husband was sentenced to 5 years for a violent crime. He has already been in OCJ for almost one year, and they gave hime credit of time served of 401 days. ( I think they calculated it at 85%). His attorney told me that he will do another 32 months? Are all violent crimes automatically 85% of the sentence, while non-violent crimes are 50% of the sentence? If this is correct, he will serve 3 years more. Is there anyway to reduce his sentence, if he cooperates in classes and / or programs, while he is in there?

[Tamitha]

The 85% is his sentence with all possible reductions. Sorry

[Lipstick]

The 85% does not take into account UNTIL the day he arrives at reception at the CDC.

[W8NG4MYLOVE]

It seemed like he got 85% for time served in jail, too, before he was sentenced. He had been there 3 weeks short of one year, and got credit for 401 days. He was sentenced almost 2 weeks ago, and is still in ocj, waiting to go to wasco. will his jail time count the same as his prison time?

[C-C]

Those with 85% have NO way of reducing that via work/behavior/etc. The only way it could be reduced is by the State of CA (i.e. law change, etc.)

The 85% applies to county as well, contrary to the belief of even some judges. My husband got 8 years for a serious non-violent crime (DUI) and he only got 85% in county. I checked the law on this and grilled his attorney and there was NO possible way for less time. It TOTALLY sucks. Plus, it makes him a poor candidate for certain programs or jobs that give 50%.

Not the info you wanted, but hope it helps. Hang in there.

April

[Lipstick]

Originally Posted by W8NG4MYLOVE

It seemed like he got 85% for time served in jail, too, before he was sentenced. He had been there 3 weeks short of one year, and got credit for 401 days. He was sentenced almost 2 weeks ago, and is still in ocj, waiting to go to wasco. will his jail time count the same as his prison time?

Here is how I was told CDC calulates credits.

401 days credit is 13 1/2 months credit. At time of sentence. County Credit

next is transportion credit - from sentence from to the day he arrives at CDC is day for day no extra credit.
Lets say for converstion he waits 20 days. I think you said he got 5 fives which is 1800 days (not sure but i will use that to so you the math

401
+ 20
= 421 county credits (est cause I dont know how long he waits)

1800 (days sentence)
-421 (county credit)
= 1379 days left on sentence once arrived at cdc
x 85 %
= 1172. 15 days left in CDC which is a little less the 40 months

Of course the difference would be depending on how long he waits to get to CDC.

You acutally do a little more than expected. My hubby got 16 months at 50% but with the way the calulated it, He's actully doing a little over 9 months. I though he would be out at 8 months, but it;s not how it works
Hope this helps
Pm me if it's not clear

[JLS]

With inmates doing 80% and 85%, the calculation is even easier. Take the date they were arrested, add 80% or 85% of the sentence to that date. Inmates sentenced under a 2nd strike (80%) or a violent felony (85%), only get those same credits in the county jail and while awaiting transport to CDCR. Only inmates eligible for 50% credits earn 1/3 credits in the county jail (even while waiting for transfer). Their 50% does not start until they reach CDCR.

[JLS]

5 years = 365 x 5 = 1825 x 85% = 1551 days to serve from date of arrest.

[W8NG4MYLOVE]

Any chance of sentence reuctions with budget cuts?

[Lipstick]

I don't think so. They will cut in other ways